NEPAL: Two girls and five other detainees are refused adequate access to lawyers and family members by the Udaypur police

Dear friends,

The Asian Human Rights Commission has been informed by a reliable source that two girls, aged 12 and 15, and five other detainees were arrested on 26 November 2005 by the Nepalese army on allegations of being involved in ‘terrorist activities.’ They have been detained incommunicado until December 15, 2005, when a human rights lawyer was finally allowed to meet with the two girls and another member of the group, 28 year-old Geeta Khada, albeit briefly and in the presence of police officers.  Both children reportedly requested to be allowed to see their parents at that time.

All seven detainees were previously being refused access to lawyers and their families by the District Police Office in Udaypur. The other four detainees continue to be detained incommunicado and there are serious concerns that they may be being subjected to torture. Torture is systematically practiced in Nepal and those being held incommunicado are at greatest risk of being subjected to such treatment.

Under the Constitutional of Nepal, the police can only hold persons in custody for 24 hours following their arrest before producing them before court, which then decides whether the persons can be detained for a further period of time. It is reported that the District Police Office in Udaypur only registered these persons’ arrests on December 4, 2005, before producing them in court. The practice of falsifying arrest dates is used routinely to bypass the provisions of the Constitution, and is part of the system that enables widespread torture in Nepal.

On December 6, 2005, all seven detainees were reportedly taken to the Appellate Court in Rajbiraj for a decision concerning the extension of their period of remand. The court extended their detention for a further 30 days. Under the Terrorist and Disruptive Activities (Control and Punishment) Ordinance (TADO), they can be detained for a maximum period of two months.

There are serious concerns regarding the personal integrity of the detainees as a result of the police’s refusal to grant access to lawyers and the families of the detained. Furthermore, legal provisions in Nepal provide for children to be held in rehabilitation centers, not in police detention facilities, as is the case here. Children are particularly vulnerable to abuse under such detention conditions, but the authorities have so far taken no action to transfer the two girls to appropriate and legal detention facilities.

We urge your strong intervention in this case. The authorities in Nepal must guarantee the personal integrity of the detainees and ensure that they are all allowed to have adequate access to lawyers and their families. These persons should be released without delay in the absence of valid legal charges against them. Furthermore, if valid legal charges exist, the two children must be immediately transferred to a rehabilitation center, as required by law.

A thorough and impartial inquiry must be initiated concerning the alleged falsification of the date of arrest by the police. If these allegations are found to be true, appropriate sanctions must be laid against the concerned policemen. This is vital if this practice is to be halted in the country. Allegations of torture or other ill-treatment must also be fully investigated and the perpetrators must be identified and prosecuted.

Urgent Appeals Programme
Asian Human Rights Commission
———————————————————————

DETAILED INFORMATION:

Name of the victims: Ms X, 12 years old; Ms Y, 15 years old, Karna Bahadur Rai (known as Krishna), Gopal Rai, Jeeban Rai and Geeta Khadka (known as Ajeeta) and one unidentified person
Date of arrest and place of detention: 26 November 2005 up to present at the District Police Office in Udaypur
Alleged perpetrators: Mr. Madav Basnet, Dy, Superintendent of the Police (SP) of the District Police Office DPO

Case details:

On November 26, 2005, two girls – aged 12 and 15 – were allegedly arbitrarily arrested by the Nepalese army, along with five other persons, namely: Karna Bahadur Rai (known as
Krishna), Gopal Rai, Jeeban Rai and Geeta Khadka (known as Ajeeta). They were accused of involvement in ‘terrorist activities’ and have been detained incommunicado by the police, giving rise to serious concerns that they may be being subjected to torture and/or forced disappearance.

Following their arrest by the army, they were reportedly handed over to the District Police Office in Udaypur, where they are presently detained. However, while in police custody, the detainees have been prevented from having access to lawyers and family members. It is reported that human rights groups who provide legal aid to detainees, have also been denied access to the detainees. Police officer Madav Basnet, the Dy.S.P of the District Police Office had reportedly refused access to a human rights lawyer, saying: “why should we allow you anti-monarch to interview the detainees’?

Under the Constitutional of Nepal, the police can only hold persons in custody for 24 hours following their arrest before producing them before court, which then decides whether the persons can be detained for a further period of time. It is reported that the District Police Office in Udaypur only registered these persons’ arrests on December 4, 2005, before producing them in court. The practice of falsifying arrest dates is used routinely to bypass the provisions of the Constitution, and is part of the system that enables widespread torture in Nepal.

The human rights lawyer was finally able to meet with the two girls and 28 year-old Geeta Khada on December 15, 2005. The meeting between the detainees and lawyer, which was held in the presence of the police, however, did not last long. The lawyer was not allowed to conduct a full interview and record the information. The other detainees were also not allowed to meet with the lawyer. Madav Basnet was quoted as saying: ‘it is at my discretion whether to allow you or not and whom to allow or not.’

According to Ms X, sometime in June 2005 some Maoist activists came to their village and recruited her. Ms Y said that in September 2005, she was forcibly taken by the Maoists and could not escape thereafter. They had both been studying in grade 5 at the time. Both of them were allegedly tasked with performing ‘cultural programmes’ and cooking, not carrying out any so-called ‘terrorist activities’ that could be deemed a threat to state security, necessitating their detention.

SUGGESTED ACTION:

Please send letters to the concerned government agencies in Nepal and raise your concerns on this matter. The detainees must be released without delay in the absence of valid legal charges. Furthermore, if valid legal charges exist, the two children must be immediately transferred to a rehabilitation center, as required by law. A thorough and impartial inquiry must be initiated concerning the alleged falsification of the date of arrest by the police. If these allegations are found to be true, appropriate sanctions must be laid against the concerned policemen. This is vital if this practice is to be halted in the country. Allegations of torture or other ill-treatment must also be fully investigated and the perpetrators must be identified and prosecuted.

 

 

To support this case, please click here: SEND APPEAL LETTER