Here is the next case 17-year old Geetha (name changed to safeguard victim’s identity), a resident of Pokharichauri VDC-3, Kavre District, Nepal, was reportedly repeatedly raped by a member of the Nepalese Army, Ram Chandra Chaulagain, over a period of four days in two different locations - in Kalanki and Samakhusi, Kathmandu. The alleged perpetrator, Ram Chandra Chaulagain of Kunchhi Bhadaure VDC, Ramechhap district, is a member of the Nepalese Army stationed at the army barracks in Rolpa. On June 24, 2006, Ram Chandra reportedly met Geetha at Koteshor Chock, Kathmandu while she was waiting for a public bus to go home. They had already met previously on a bus. Ram Chandra claimed to come from Kunchhi Bhadaure VDC in Ramechhap district and to be studying at a college in Kathmandu as well as running a shop in the city. On June 24, Ram Chandra convinced Geetha to go with him to a room in Koteshor, Kathmandu on the pretence of finding her a job. She was kept there for at least an hour and then taken to Kalanki, Kathmandu. Ram Chandra took Geetha to a small, dark room in Kalanki where he prepared lunch for her. Geetha has stated that after lunch she felt dizzy and fell asleep and claims that she was drugged. When she awoke, Ram Chandra was reportedly taking her clothes off. Ram Chandra allegedly persuaded Geetha that she was safe with him, but shortly afterwards he threatened to rape her and kill her if she tried to struggle. At around 7 pm, Ram Chandra then took Geetha to his elder brother's room in Samakhusi, Kathmandu and held her there until June 28, during which time he repeatedly raped her. According to Geetha, Ram Chandra’s elder brother Bidur Chaulagain and the latter’s wife were also present during this period but did nothing to assist Geetha, despite her pleas. As the result of intervention by her family, Geetha was freed on June 28, 2006, following which Ram Chandra was taken into the custody of the Nepalese Army at its headquarters in Kathmandu. Geetha lodged a written complaint with the District police office (women’s cell), Kathmandu on July 4, 2006. On July 5, 2006 the police brought Geetha to hospital for a medical examination. The police have also issued a warrant for the arrest of Ram Chandra’s brother and sister-in-law, but the arrests have not yet been made. On July 13, 2006, the police reportedly questioned Ram Chandra. On July 14, 2006, the women’s cell of the police and then the public prosecutor took Geetha’s statement. However, it is understood that while the police are conducting an investigation into this case, which the AHRC welcomes, the Nepalese Army is not cooperating adequately. There are fears that the Army will attempt to block the investigation and pervert the course of justice in order to grant impunity to Ram Chandra. Such impunity has typically accompanied similar cases in the past, notably as a result of non-cooperation by the Armed Forces or through the blanket immunity that has resulted from Section 24A of the Army Act Nepal 1959. Section 24A of the Army Act Nepal 1959 provides that: Not withstanding anything contained in current law, in case any person dies or suffers any loss as a result of any action taken by any person to whom this act is application (officers) while discharging his duties, no case may be filed in any court against him. For the purpose of this Section, the term "any action taken while discharging duties" means any action to be taken for internal security or self-defense, including flag march, patrolling and guard duty. It is clear that the language used can be interpreted in such a way as to provide blanket immunity to military personnel. The definition of discharging duties is unclear, resulting in it inevitably being subject to abuse and a resultant obstruction of justice. Due to the content of Section 24A, it is difficult for civilians to expect a fair trial when they initiate cases against members of the military, as the burden of proof in showing that the officer was not in the course of discharging his duty is typically an insurmountable obstacle. The Asian Human Rights Commission therefore calls upon the Nepalese Army to guarantee full cooperation with the police investigation into the case of rape perpetrated by army personnel member Mr. Ram Chandra Chaulagain. In order to best ensure this cooperation, the Nepalese Army is urged to hand over Mr. Ram Chandra Chaulagain to police custody. The police are urged to request that the perpetrator be placed under their custody and to conduct a prompt and impartial investigation into this case. The perpetrators must be brought to trial and adequate reparation must be provided to the victim. source: http://www.ahrchk.net/ua/mainfile.php/2006/1857/