UPDATE (Nepal): Widespread repression and mass arrests continue to take place in Nepal 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-012-2006
ISSUES: Administration of justice, Arbitrary arrest & detention,

[RE: UP-011-2006: NEPAL: Further arrests occur in Nepal’s escalating crisis; UA-036-2006: NEPAL: Further arrests in Nepal’s worsening political, security and
human rights crisis; UG-002-2006: NEPAL: Immediate intervention required in Nepal’s deepening political, security and human rights crisis]
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UP-012-2006: NEPAL: Widespread repression and mass arrests continue to take place in Nepal

NEPAL: Human rights defenders; Democracy; Freedom of assembly; Freedom of speech; Free and fair elections; Arbitrary arrest and detention; Torture; Rule of Law
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Dear friends,

The Asian Human Rights Commission (AHRC) continues to receive numerous reports of violent repression of demonstrations, mass arrests, beatings, ill-treatment in detention and surveillances of the offices of non-governmental organisations in Nepal. Political leaders, journalists and human rights defenders are the main targets of repression under the current human rights crisis in Nepal. The crisis has been ongoing for the last 10 days, since the authorities imposed curfews and a total ban on demonstrations on January 17. These disproportionate and anti-constitutional actions have been taken in order to stifle the democratic movement in Nepal in the run up to municipal elections, planned for 8 February 8 2006. Hundreds of persons have been arrested in raids or during the repression of demonstrations since that time. The curfew has been lifted, but the ban on demonstrations remains in certain areas. The AHRC has release a series of statements and urgent appeals during this period, denouncing the widespread abuses being perpetrated by the authorities.

Journalists Dil Bahadur Air of Dadeldhura and Shiva Patel of Birjung were reportedly arrested on Januaryy 25. Latest reports indicate that over two hundred political activists were arrested during demonstrations on January 26 during a nationwide general strike that had been called by the democratic alliance in Nepal. A number of human rights defenders and journalists have also been physically assaulted, threatened and/or arrested by the security forces on the same day. Human rights defenders Kuvalbabu Basnet and Yubaraj Parajuli of Udaypur district were beaten and otherwise abused by the security forces. Security personnel also attacked Madhav Aryal and Tulsi Ram Pande in Palpa, and Ghanashyam Khadka, Pradip Kafle, Rhishiram Pokhrel and Narayan Khadka in Tanahu district. The security forces in Kathmandu reportedly ill-treated journalists, seized communication equipment from them, prohibited them from moving and threatened some of them following the publication and broadcasting of news related to the demonstrations. The Federation of Nepalese Journalists has condemned these acts.

The security forces have also reportedly visited the offices of two leading human rights organizations – one in Kanchanpur and the other in Udyapur.

In Pokhara, dozens of demonstrators were arrested on January 26, and more than a dozen including bystanders, workers, journalists and human rights defenders, were injured when the police and the army opened fire with live ammunition and conducted baton charges against the assembled demonstrators. Most of the political activists were arrested from the City Hall Crossing in Pokhara. The security forces have also reportedly been using teargas, bricks and stones against the demonstrators, with bricks and stones having been loaded into their vehicles for such use. Lists of the identities of some of the persons arrested and/or injured during these incidents can be found below.

In the Biratnagar Sub-Municipality, over 23 persons were arrested on January 26, 2006 (see lists below) and the security forces used batons to disperse gathering demonstrators. Two CPNUML political party leaders, Guru Baral and Lal Babu Pandit, were arrested at their homes in the early morning. Those arrested in the afternoon were detained in the District Police Office, Morang, before being transferred to the Police Training Centre, Rani.  On January 25, more than 40 political activists were arrested. Fifteen of them were reportedly released later but the list of persons still in detention can be seen below, along with the lists of persons arrested in Damak (Jhapa District), Bhadrapur (Jhapa), Gaighat (Udapur), Khadbari (Sankhuwasava), Nepalgunj (Banke) and Dhankuta District.

Furthermore, on January 26,  the authorities reportedly raided the offices of human rights organisation Advocacy Forum in Gaighat, Udapur. In Mahendranagar, Kanchanpur, the police surrounded the offices of the CPNUML political party, and were reportedly searching for party members Nar Bahadur Dhami and Rajendra Bahadur Rawal.  During the course of their search, four plainclothes police personnel reportedly visited the offices of another human rights organisation.  Two other leaders of CPNUML, Bachan Bahadur Singh and Bishnu Mishra, were also arrested by the police in the street during the morning.

A number of persons were also arrested on January 24 in Nepalgunj and are being detained in the District Police Office (DPO) of Banke.  One of their number, Sabir Ali was released at 5:30 pm the same day due to ill-health. The others are being held under three-month “preventative” detention orders under the Public Security Act. They are reportedly being provided with low quality food, sanitation is poor, and there is only one toilet for all the detainees. They were being detained during an attack by the Maoist insurgents on the DPO, and fear further attacks. They are however being provided with newspapers and are allowed to meet with their lawyers.

Separately, a group of eight political activists were arrested by security personnel in Kalaiya, Bara District at around 7:00 am on January 26, and are being held at the District Police Office. At least 30 political activists were arrested in the southern town of Birgunj, Parsa District. A group of 81 political activists, including one journalist – Umesh Chandra Jha – were arrested by the police in Janakpur municipality, Dhanusha District. A group of 12 political activists were arrested in Tulshipur and Ghorai in Dang District. A group of 24 political activists, including Nepali Congress leader and former MP Sunil Kumar Bhandari, were arrested in Dhangadhi District. In Gaighat, Udapur, Rameshwar Ghimire (the District President of ANNFSU), Tikaram Budhathoki and Basanta Basnet of the Nepali Congress party were arrested on January 25. Basanta has reportedly been released but the two others are still in detention. Finally, in Kavre District, the army reportedly searched the house of Bhim Prasad Humagain, the Kavre District President of the Nepali Congress party, at around 3 am in the morning, but were not able to arrest him as he was staying elsewhere. However, a group of 5 persons, including Nepali Congress leader Kedar Bhandari, have been arrested in Panauti municipality, and a group of 35 political activists, including former Kavre district MP Shiva Humagai, have been arrested in Banepa.

The AHRC is particularly concerned about the continuing widespread repression and mass arrests that are taking place in Nepal. The actions of the authorities are disproportionate, unjustifiable and in no way able to restore peace or security in the country in the run-up to the illegitimate municipal elections. The AHRC strongly condemns the actions of the Nepalese authorities and calls on them to immediately renounce the systematic repression of the democratic movement in Nepal.

The persons arrested in Pokhara on 26 January 2006:

S/n  Name – Associated with

1.   Rajib Pahari – UML
2.   Mr S. B. Adhikari – Nepali Congress (democratic)
3.   Mr. ShriNath Baral – UML
4.   Mr. Dhana B. Nepali – Do
5.   Mr.Rishi Kanta Kafle – NC
6.   Mr. I.S. Gurung – Leftist front
7.   Mr. Lila Dhar Paudel – UML
8.   Mr. Akash Gautam – UML
9.   Mr.Shyam Gurung – Do
10. Mr. Bishnu Parajuli – Do
11. Mr. Rudra Khatri –Do
12. Mr. Bal K. Gurung –Do
13. Mr. Prem raj Bhandari – Do
14. Mr. Purna Lama – Do
15. Mr. R. B. Lama – Nepali Congress
16. Mr. R.P Adhikari – Do
17. Mr. Nar Bahadur K.C – People’s Front
18. Mr. S. Pokharel – Nepali Congress
19. Mr. Balaram Bhattarai – Human Rights defender

The persons injured in Pokhara on 26 January 2006:

S/n  Name – Associated with/not

1.   Mr. Basu Dev Baral – Innocent
2.   Mr. Basu Dev Tripathi – Do
3.   Mr. Arjun Adhikari – Student
4.   Mr. Anmol Chettri – Do
5.   Mr. Ganga Dhar Baral    – UML activist
6.   Mr. D.B. Nepali – Do
7.   Mr. Krishna Parajuli – Do
8.   Mr. Bishnu Gautam – Do
9.   Mr. Dilli Ram Adhikari – Do
10. Mr. Lekhanath Paudel – Nepali Congress
11. Mr. Bharat Paudel – Nepali Congress
12. Mr. Bharat Thapa – Do
13. Mr. Dev Krishna Parajuli – Do
14. Mr. Tek Bahadur karki – Policeman

The persons arrested in Biratnagar on 26 January 2006:

S N  Names – Political Affiliation

1.   Guru Baral – CPN UML
2.   Lal Babu Pandit – Do
3.   Ghanashyam Karki – Do
4.   Baburam Karki – Do
5.   Rajesh Basnet – Prajatantric Rastriya Yuba Sangh
6.   Basu Thapa    – CPN UML
7.   Kedar Guragain – Do
8.   Raj Kumar Karki – Do
9.   Radheshyam Dali – Do
10. Vijaya Shrestha – NC Democrat
11. Gita Silwal – NC
12. Indira Karki – NC
13. Durga Basnet – NC
14. Radheshyam Kattel – CPN UML
15. Girendra Karki – CPN UML
16. Sheeva Niraula – ANNFSU-UML
17. Kanchan Mala Barma – Do
18. Hemraj Khatri – Do
19. Seema Abhash – NC- ANNSFU
20. Santosh Neupane – Do
21. Krishna Karki – Do
22. Ranjeet Jha – Do
23. Deenanath Acharya

The persons arrested in Biratnagar on January 24, 2006:

1.   Rishikesh Pokharel
2.   Mahesh Regmi
3.   Hari Pokharel
4.   Nabin Poudel
5.   Daman Singh karki
6.   Ram Lal Shah
7.   Ravi Shankar Jha
8.   Abhijit Dutta
9.   Peshal Luitel
10. Ram Bahadur Thapa
11. Damaodar Tiwari
12. Parul Chettri
13. Kavi Timislsina
14. Rohit Koirala
15. Pramesh Pokharel
16. Sahabir Alam
17. Sanjaya Mandal
18. Ram Kumar Khattri
19. Yogendra Dahal
20. Manis Dhakal
21. Daya Ram askota
22. Punya Regmi
23. Krishna Karki
24. Ramesh Shtestha
25. Rajendra karki
26. Rajendra Karki

The persons arrested in Damak, Jhapa on 26 January 2006:

S N  Name – Political affiliation

1.   Dr. Gopal Koirala – NC
2.   Benu Shibakoti – CPN UML
3.   Ambika Khanal – Do
4.   Himala Dahal – Do
5.   Binod Basnet – Do
6.   Chudamani Nepal – Do
7.   Dhana Prasad Tiwari – Do
8.   Bhabani Prasad Dahal – Do
9.   Saraswati Lal Rai – Do
10. Nobel Basnet – Do
11. Laxman Basnet – Do
12. Manoj Upreti – NC
13. Birendra Pokharel – Do
14. Hari Lama – Janamorcha Nepal
15. Niraj Khadaka – Do
16. Gham Doshi Rai – Do
17. Hukumsing  Rai – Pc

The persons arrested in Bhadrapur, Jhapa on 26 January 2006:

S N  Name – Political affiliation

1. Mohan Regmi – CPN UML
2. Yubaraj Karki – ANNFSU
3. Santosh Karki – ANNFSU
4. Ashary Rajbanshi – ANNFSU
5. Madan Gurung – NC
6. Lekhnath Sapkota – NC
7. Gopal Sapkota – NC
8. Dhanendra Basnet – CPN UML – arrested on 24 January 2006
9. Sudhir Shibakoti – NC

The persons arrested in Gaighat, Udapur on 26 January 2006:

S N  Name – Political affiliation

1.   Prakash Basnet – CPN UML
2.   Eshwarmani Raut – Do
3.   Himal karki – NC
4.   Narayan Bahadur Karki – President  of DC
5.   Murari Khadka – Member of DC
6.   Bhimchandra Rai – Do
7.   Rakesh Khatri – Student
8.   Pradesa Ghimire – Do
9.   Sumanta Koirala – Do
10. Pramila Rai
11. Laxmi Rai
12. Bimila Rai

The persons arrested in Khadbari, Sankhuwasava on 26 January 2006:

S.N  Name

1. Rajendra Gautam
2. Tulsi Gautam
3. Dedraj Khadka
4. Dambar Khadka
5. Netra Gautam
6. Gopal Raj Pahadi
7. Bina Poudyal
8. Kumar Babu Tiwari

The persons arrested in Nepalgunj, Banke on 26 January 2006:

S N  Name – Political affiliation

1.   Pradeep Baisha – member of Tarun Dal Banke Committee. He was beaten with the butt of a gun following his arrest.
2.   Narayan Prasad Gaudel – NC, regional representative of region no. 1, Banke
3.   Khim Prasad Dahal – NC, regional representative of Kohalpur, Banke
4.   Lok Bahadur Singh – NC
5.  Sabir Ali Jasgad – Member of Trade Union of Congress (he was released last time considering his illness)
6.   Bed Prasad Acharya – Central Committee Member, NC
7.   OM Kala Kafle – President of District Women’s Committee
8.   Shiva Raj Sharma
9.   Chuman Singh K.C.
10. Birendra Khadka – Student Union of Janamorcha Nepalganj
11. Raj Kumar Verma
12. Baburam Gautam – UML
13. Padam Dhital – UML
14. Gopal Thapa – UML
15. Karna Bahadur Khatri – UML

The persons arrested in Nepalgunj, Banke on 24 January 2006:

S N  Name – Political affiliation

1. Dev Raj Bhar, 52 years, Nepalgunj-12,  – Banke Communist Party Nepal United Marxist and Leninist (CPNUML), district secretary of Banke
2. Gajendra Hamal, 52 years, Nepalgunj-3 – Nepali Congress democratic, district chairman of Banke
3. Dr. Arun Koirala, 64 years, Nepalgunju-13 – Nepali Congress
4. Tek Narayan Bhusal, 25 years, Kohalpur-4 – Nepal Student Union
5. Umendra Kuwar, 42 years, Nepalgunj-1 – Nepali Congress Trade Union
6. Akbar Kha, 36 years, Nepalgunj-5 – Nepali Congress Trade Union
7. Sabir Ali – Nepali Congress Trade Union

In Dhankuta District, at least 12 demonstrators were arrested, including: Gopal Guragain, Rakam Chemjong, Durga linkha, Tikaram Chemjong, Rajkumar Rai, Chandra Chongbang, Rajendra Rai of UML,  Ananda Santoshi Rai of NC, Manohar Narayan Shresth, Bikash Shresth, Saran Rai of NC (Democratic), KB Phudung, Gopal BK, Madan Aryal, Suresh Rai of Janamorcha and Students Shankhar Hari Rai, Chandra Lohori, Riddi Rai.

Urgent Appeals Programme
Asian Human Rights Commission
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SUGGESTED ACTION:
Please send a letter to the relevant authorities listed below voicing your concern for the current situation in Nepal.
Sample letter:

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SAMPLE LETTER

Dear _______________,

NEPAL: Widespread repression and mass arrests continue to take place in Nepal

I am gravely concerned for the continuing of widespread repression and mass arrests that are taking place in Nepal.

I have learned that in the past several days numerous reports of violent repression of demonstrations, mass arrests, beatings, ill-treatment in detention and surveillances of the offices of non-governmental organisations have occurred in Nepal. Political leaders, journalists and human rights defenders are the main targets of repression under the current human rights crisis. These disproportionate and anti-constitutional actions have been taken in order to stifle the democratic movement in Nepal in the run up to municipal elections, planned for 8 February 8 2006. Hundreds of persons have been arrested in raids or during the repression of demonstrations since that time. The curfew has been lifted, but the ban on demonstrations remains in certain areas. 

The actions of the authorities are disproportionate, unjustifiable and in no way able to restore peace or security in the country in the run-up to the illegitimate municipal elections. I strongly condemn the actions of the Nepalese authorities and calls on them to immediately renounce the systematic repression of the democratic movement in Nepal.

I trust that you will take action to bring an immediate end to this crisis.

Yours sincerely,

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PLEASE SEND LETTERS TO:

1. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg 
Kathmandu 
NEPAL
Tel: 977 14 413577/227577
Fax: 977 14 227395/ 411955

2. Colonel Pankaj Karki
Officer of Royal Nepal Army Human Rights Cell
Human Rights Cell
Singha Durbar
Kathmandu 
NEPAL
Telefax: + 977 14 245 020/226 292

3.  Laxmi Bahadur Nirala 
Attorney General
Office of the Attorney General
Ramshahpath, Kathmandu 
NEPAL
Tel: +977 14 262548 (direct line)/262394 (through Personal Assistant)
Fax: +977 14 262582
Email: fpattorney@most.gov.np 

4. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Tel: +977 1 5 547 974 or 525 659 or 547 975 
Fax: +9771 5 547 973
Email: nhrc@ntc.net.np 

5. Mr. Ian Martin
Chief of Mission
Office of the United Nations High Commissioner for Human Rights- Nepal Office
UN House, Pulchowk
Kathmandu
NEPAL
Tel: (977) 1 5524 366 or 5523 200
Fax: (977) 1 5523 991 or 5523 986
Email: hrinfounit@undp.org 

6. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org 

7. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG 
1211 Geneva 10 
SWITZERLAND 
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org 

8. Ms. Hina Jilani 
Special Representative of the Secretary General for human rights defenders 
Att: Ben Majekodunmi 
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88 
Fax: +41 22 917 9006 
E-mail: bmajekodunmi@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type : Urgent Appeal Update
Document ID : UP-012-2006
Countries : Nepal,
Issues : Administration of justice, Arbitrary arrest & detention,