Roshan Sedhai

Having stepped in to save Durga Bahadur Sunar from death penalty in the United Arab Emirates, the government is now under moral obligation to save other Nepali migrant workers imprisoned in various labour destinations for alleged murder charges.

Records compiled from various Nepali embassies showed a total of 12 Nepali nationals jailed in various foreign countries. While some of these migrant workers are serving life sentences, others have been handed a death penalty and a few others are awaiting court verdicts.

Sunar, who was convicted of murdering Ganesh Bahadur Basnet in January 2009, is likely to be freed and sent back to Nepal within two years. The Basnet family, a month ago, granted Sunar a pardon after the government, with support from the Nepali diaspora, paid Rs 1 million in blood money. Experts said that now that the government has taken up one case, it is under moral imperative to initiate legal processes to save other Nepalis as well.

Though exact data are not available, at least a dozen Nepali migrant workers are awaiting death penalty in the Gulf and the Middle East. Government officials claimed that the actual number could be higher.

However, the Consular Section of the Ministry of Foreign Affairs said it was not currently dealing with any such case. “We have not been informed or asked by any family for help. The families might be dealing with the cases themselves,” said an official at the consular section.

Human rights activist Charan Prasai, who was one of several activists urging the government to save Sunar, said that the government is obliged to help its citizens. “The government should help its nationals, irrespective of allegations and personal background,” said Prasain.

Only a month ago, Jindrahim Miya, 35, of Morang was arrested by the Malaysian police for the murder of Bidhedhar Yadav, 20, of Siraha. In another instance, a Selangor state court of Malaysia served an 18-year sentence to Sarkidhan Pulamimagar of Okhaldhunga. Pulamimagar had stabbed his friend Chandra Bahadur Darji of Panchthar on June 13, 2010. Six Nepalis have also been killed by other Nepalis in Qatar.

Embassy records showed Navin Chandra Karki of Panchthar, Kali Prasad Limbu of Jhapa, Ram Bahadur Khatri of Baglung, Bhimsen Rai of Myagdi and one unnamed Limbu of Sindhuli had been murdered by fellow Nepalis. The convicts are in jail, awaiting death penalty, while some are engaged in negotiations with the victim’s family for a pardon.

Similarly, in Saudi Arabia, Santosh Jamarkattel of Morang was handed the death penalty while Shambu Lal Shrestha of Lamjung has been in custody for three years. Another Dil Bika of Palpa has been serving a sentence for the murder of Krishna Kushme of Parbat five years ago.

UAE police have also nabbed a few Nepali nationals under suspicion of killing Devi Lal Budhathoki, an employee of the Abu Dhabi National Hotel, in March 2010. Although the court has yet to give its verdict, officials at the Nepali mission in the UAE surmised that the court is likely to convict the Nepalis for the murder.

Embassy officials said that financial issues, insults, workplace conflicts and personal grudges are leading causes for violence. In many cases, excessive alcohol consumption has played a major role.

However, since Islamic law allows scrapping the death penalty on consent from the victim’s family, the government should create an environment conducive for pardon, said experts. “People will lose their faith in the government if it fails to support them in their time of need,” said sociologist Raju KC.

The fallout of these murder cases is not just limited to those languishing in prison but also makes its way back to Nepal and the impoverished families of those migrants. Embassy officials stressed the possibility that many of those arrested could be innocent. “It’s not unnatural to have a few such cases of wrongful imprisonment, as we have huge Nepali presence here,” said Second Secretary at the Nepali mission in the UAE, Lok Bahadur Chettri.

Published on: 30 October 2012 | The Kathmandu Post