NEPAL: Security forces kill one and arrest more than three hundred on day of illegitimate municipal elections 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-059-2006
ISSUES: Democracy,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding events that took place on the day of the municipal elections in Nepal on 8 February 2006. According to our sources, security forces opened fire on a group of peaceful demonstrators who had been organised by the seven political parties in Dang. As a result, UML activist, Umesh Thapa, was killed and Krishna Giri was seriously injured. The security forces then went in and arrested more than 300 of the demonstrators. It is also known that security forces fired indiscriminately on other demonstrators who had gathered in other cities around the country.

The arbitrary arrest and detention of demonstrators commenced from early in the morning. Not only were political party activists arrested, but so too were journalists and human rights defenders. Two journalists, Dhiren Chemjong and Dharma Gautam were arrested at 11am on the day of election. Lawyer and human rights defender Thir Bahadur Karki, who is also the district president of Forum for Protection of Human Rights, was arrested from Mahabir Chowk of Janakpur municipality.

In Rajbiraj, 28 people were re-arrested from the court yard and the bar building by security forces who threatened them with their lives. After having been arrested in Siraha and Saptari on various dates for their participation in peaceful demonstrations, the Appellate Court, Rajbiraj called for their release on February 8. However, upon their release, four persons were immediately re-arrested by security forces before they had even left the court yard. Fearful for their lives, the remaining people fled for shelter in the nearby Bar Association’s building. The security forces surrounded the building for the entire day making it impossible for those inside to escape. At 9pm the security forces warned them that if they did not come out, they would be shot dead. Knowing full well that the security forces would not hesitate in undertaking such action, the persons inside surrendered and were immediately re-arrested.

Amongst those who were re-arrested were:

1. Anil Dev
2. Anil Mandal
3. Arjun Singh
4. Devnarayan Yadav
5. Dhruva Dev
6. Doman Shah
7. Jagannath Das
8. Kishor K C
9. Kishor Kumar Yadav
10. Kusman Miyan
11. Narendra Singh
12. Sailendra Shah
13. Samir Jha
14. Sanjaya Karna
15. Saroj Birani
16. Shamir Jha
17. Shanker Devakota
18. Sira Husen

On February 7 the Home Minister Kamal Thapa issued a press statement informing the public that the security forces had been granted the power to shoot on sight any person who disrupted the elections.

Owing to this and other factors, the seven major political parties of Nepal boycotted the elections. At each voting station there was a heavy presence of security forces. In some locations a mere 2% of those eligible to vote did so. At best, no more than 30% of people caste their vote at their local polling station. At the same time the government issued an order making it compulsory for all civil servants and army and police personnel to vote. In several locations persons voted more than once as no photo ID was required by those who wished to caste their vote.

Of the 58 municipalities in 43 districts, the elections were conducted in just 36 municipalities in 28 districts. Out of 4,146 posts available, the elections were held in just 618 posts and 1,682 candidates of small parties and independents contested for the posts of mayors, deputy mayors, ward chairmen, ward members and women members. A total of 2,251 posts remained vacant as no candidates registered their names while candidates were elected unopposed for 1,277 posts.

SUGGESTED ACTION:

Please write to the relevant authorities listed below highlighting the entirely undemocratic elections that took place on February 8 and the violations that were orchestrated by the security forces on that day.

 

 

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

SAMPLE LETTER

Dear ________,

NEPAL: Security forces kill one and arrest more than three hundred on day of illegitimate municipal elections

I write to highlight the farce that was the Nepali municipal elections on 8 February 2006. I am aware that in some polling stations, a mere 2% of those eligible to vote did so. Where voter turnout was at its best, still only 30% of people voted. Likewise, I have learned that of the 58 municipalities in 43 districts, the elections were conducted in just 36 municipalities in 28 districts. Out of 4,146 posts available, the elections were held in just 618 posts and 1,682 candidates of small parties and independents contested for the posts of mayors, deputy mayors, ward chairmen, ward members and women members. A total of 2,251 posts remained vacant as no candidates registered their names while candidates were elected unopposed for 1,277 posts.

The day of the elections was also marred by extreme violence orchestrated by the country’s security forces. In Dang, the security forces opened fire on a group of peaceful demonstrators, killing UML activist Umesh Thapa and seriously injuring Krishna Giri. In the same location the security forces also arrested more than 300 people. The security forces likewise opened fire on crowds in other cities around the country.

The arbitrary arrest and detention of demonstrators commenced from early in the morning. Not only were political party activists arrested, but so too were journalists and human rights defenders. Two journalists, Dhiren Chemjong and Dharma Gautam were arrested at 11am on the day of election. Lawyer and human rights defender Thir Bahadur Karki, who is also the district president of Forum for Protection of Human Rights, was arrested from Mahabir Chowk of Janakpur municipality.

In Rajbiraj, 28 people were re-arrested from the court yard and the bar building by security forces who threatened them with their lives. After having been arrested in Siraha and Saptari on various dates for their participation in peaceful demonstrations, the Appellate Court, Rajbiraj called for their release on February 8. However, upon their release, four persons were immediately re-arrested by security forces before they had even left the court yard. Fearful for their lives, the remaining people fled for shelter in the nearby Bar Association’s building. The security forces surrounded the building for the entire day making it impossible for those inside to escape. At 9pm the security forces warned them that if they did not come out, they would be shot dead. Knowing full well that the security forces would not hesitate in undertaking such action, the persons inside surrendered and were immediately re-arrested.

Evident from these events is that the municipal elections held in Nepal on February 8 were deliberately sabotaged. With such low turn-out rates at polling stations and with the use of excessive force by security forces against opponents on the day, the election outcome can hardly be seen as legitimate.  For this reason the election results should be renounced.

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: Melinda Ching Simon
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88 
Fax: +41 22 917 9006 
E-mail: MChingSimon@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-059-2006
Countries : Nepal,
Issues : Democracy,