Dear friends
The Asian Human Rights Commission (AHRC) has received updated information on the continued arrests and detentions of demonstrators in Nepal. According to the information, those detained are not getting basic facilities as provided for by law and also have no access to journalists, human rights activists or party officers. The Government of Nepal is blatantly ignoring international opinion and violating human rights standards.
From another report, AHRC has been informed that journalists covering the demonstrations are also being targeted; approximately 300 journalists have been arrested from April 16-18, and several dozen reporters were beaten up by the police. The police are also assaulting innocent bystanders, such as Mr. Chet Bahadur Basti and Mr. Sadan Lal Chaudhari, who was beaten so badly that he had to be carried by volunteers to receive medical aid.
Your urgent action is needed to pressure the Government of Nepal to restore the parliament, implement the rule of law and unconditionally release all detainees.
To see our previous appeals issued on the current situation in Nepal, please visit:
[UP-17-2004: http://www.ahrchk.net/ua/mainfile.php/2004/657/
UA-38-2004: http://www.ahrchk.net/ua/mainfile.php/2004/654/]
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
A monitoring team visited two detention centers in Kathmandu, Nepal yesterday (April 20) – Paharagan detention center and the Singha Durbar city police office. Only the following leaders and cadre of People¡¯s Front Nepal (PFN) were detained in these two centres:
Paharagan detention center
1. Lilamani Pokharel, the vice-president, arrested on 9 April 2004
2. Pari Thapa, the vice-president, arrested on 9 April 2004
3. Manoj Bhatta, the vice-president, arrested on 14 April 2004
4. Himlal Puri, the secretary, arrested on 11 April 2004
5. Dhava Lama, the central committee member, arrested on 14 April 2004
6. Hari Acharya, the central committee member, arrested on 9 April 2004
7. Harish Chandra Giri, the central committee member, arrested on 9 April 2004
8. Peshal Khatiwada, the central committee member, arrested on 9 April 2004
9. Thakur Dhakal, the central committee member, arrested on 9 April 2004
10. Rashmi Raj Nepali, the chairperson of the central advisory committee, arrested on 9 April 2004
11. Shaktaman Bhudathoki, arrested on 9 April 2004
12. Bhim Lama, arrested on 9 April 2004
13. Jhalkhu Yadav, arrested on 11 April 2004
14. Ganga Sapkota, arrested on 11 April 2004
15. Om Prakash Pun, arrested on 15 April 2004
16. Raj Kumar Karki, arrested on 11 April 2004
Singha Durbar City Police Station
1. Yamuna Bhusal, the central committee member, arrested on 15 April 2004
2. Rajkumar Hingman, arrested on 15 April 2004
3. Mandhoj Lama, arrested on 15 April 2004
4. Chuwang Lama, arrested on 15 April 2004
5. Bharat Shrestha, arrested on 15 April 2004
6. Ram Prasad Aryal, arrested on 15 April 2004
A writ petition has been filed in the Supreme Court of Nepal (SC) on behalf of the above mentioned detainees (22 in all). The SC issued a show cause notice to the government on 19 April 2004, asking the government to give reasons for the arrest and detention of the said persons within three days, failing which, the detainees are to be released. After this order of the SC, the following people were released on 19 April 2004 at circa 9 p.m: Om Nath Pandey, Basu Dev Sharma, Paras Babu Bishokarma, Chandra Dev Ojha, Krishna Raj Pandey.
Detention conditions
Those detained are not getting basic facilities as provided for by law, such as food, water, adequate sanitation, medical attention, change of clothes, bedding. The detainees also have no access to journalists, human rights activists or party officers.
The detainees have put forward a two-point demand to the Chief District Officer (CDO), Kathmandu on 17 April 2004 and 19 April 2004:
i. Revoke the detention order under the preventive detention provision of Public Security Act, and release them unconditionally.
ii. Failing (i), give them basic facilities (proper detention centres, food rations, clothing, medical attention and medicines, recreation, etc.).
If these demands are not fulfilled by 21 April 2004, the detainees will go on an indefinite hunger strike.
All male detainees (21) in both centres were sleeping in a row in the same room. In the Singha Durbar City Police Office, the detainees are kept with persons charged with criminal offences. Four detainees were sick due to the condition of their detention and consuming unhygienic water. The police in-charge, Inspector Harka Bahadur Thapa, said that the center does not have the budget to feed the political detainees, so they are trying their best to keep them fed through makeshift sources. At present they are being fed twice a day. For the rest, their nourishment is purchased (tea, breakfast, water) by themselves.
Yamuna Bhusal, the only female detainee, has been detained since 17 April 2004. For one day she was kept with the male detainees in Halchowk. She was then shifted to Singha Durbar City Police Office in a separate underground cell, where she is alone. The cell has no artificial light. The only light comes from a small window. There is no toilet inside the cell, so she has to use the common toilet, mainly used by men. At night, when there is no one on call, she has to avoid the use of the toilet. In any case there is no policewoman on night duty.
In the Prahagan detention center, Lilamani Pokharel and his comrades were asked to sign a paper that contained the reason for their arrest. However, the paper was pre-dated by two days. They refused to fudge the date, and signed by putting the date of receipt.
In Duwakot Bhaktapur also, people have been detained. The following persons were arrested on 16 April 2004: Janak Shamri of Dhading, Umesh Jung Rai Majhi of Bhojpur, Ambika Prasad Koirala of Sunsari, Prem Silawal of Kathmandu, Laxman Rai of Sarlahi, Santosh Bhattarai of Bhaktapur and Krishna Khadka of Bhojpur.
Journalists and bystanders also assaulted
Riot police arrested 75 journalists on April 16 while they were covering demonstrations in Kathmandu. At least 50 reporters were picked up in the Ratnapark district on the sidelines of a demonstration called by five main political parties demanding a return to democracy.
Around a dozen of them were clubbed, among them Ujir Magar of the daily Kantipur. They were all held for several hours at the Singha Durbar police station. Two journalists from theKantipur press group were only released the following morning. More than 20 more journalists were arrested when they protested against the detention of their colleagues. They were held for several hours in an army barracks in the capital.
Hundreds of journalists, wearing gags as a sign of protest, demonstrated in Kathmandu on April 17 against the arrest of their colleagues the previous evening. Police moved in to break up the demonstration and around 1,000 people, 200 of them journalists, were arrested, including at least 50 Kantipur group staff.
Several dozen journalists were beaten or arrested by police on 18 April in the Bagbazaar district of Kathmandu. Damodar Dawadi, editor of the weekly Naya Bikalpa, was brutally beaten while covering an opposition demonstration and was taken to hospital unconscious.Swagat Nepal of the daily Nepal Samacharpatra and Shital Koirala of the RSS agency were both clubbed.
On April 20, Chet Bahadur Basti, a 35-year-old bystander, hotel worker by profession, was beaten up and arrested by 2/3 policemen. He could not make out how many policemen there were exactly as he was bent over. Similarly, Sadan Lal Chaudhari, was being beaten despite his statement that he was not a demonstrator, by 5-6 policemen. Human rights monitors entreated the police not to beat him but he was taken aside and beaten by lathis on his head and body deliberately. The volunteers had to later carry him as he bled profusely, to receive medical attention.
Also on April 20, the police forcibly entered Shankardev Campus, where two students were injured in the general lathi charge and Balmiki College, where students were beaten up (numbers not known).
SUGGESTED ACTION:
Please send a letter, fax or email urging the Nepalese Government to stop ongoing arrests and detentions of demonstrators and unconditionally release all the detainees as soon as possible.
1. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg, Kathmandu
NEPAL
Tel: +977 1 413577 or 227577
Fax: +977 1 227395 or 411955
2.General Pyar Jung Thapa
Chief of Army Staff (COAS),
Army Headquarters, Kathmandu
NEPAL
Fax: + 977 1 4 242 168
3. Shyam Bhakta Thapa
Inspector General of Police
Police Headquarters,
Naxal, Kathmandu
NEPAL
Fax: + 977 1 4 415 593 / 415 594
4. H. E. Gyan Chandra Acharya
Ambassador
Permanent Mission of the Kingdom of Nepal
81 rue de la Servette, 1201 Geneva,
SWITZERLAND
Fax: +4122 7332722
E-mail: mission.nepal@ties.itu.int
5. 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: +977 1 5 547 973
Email: nhrc@ntc.net.np
6.Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016
7.Working Group on Arbitrary Detention
Room 3052, OHCHR-UNOG,
Palais Wilson, Rue de Paquis 52
Geneva
SWITZERLAND
Tel: +41 22 9179313
Fax: +41 22 9179006
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: Continued arrests and detentions of demonstrators, bystanders and journalists
I am writing to you to express my serious concern at the illegal and arbitrary arrest and detention of innocent civilians in Nepal. According to the information I have received, 22 leaders and cadre of People¡¯s Front Nepal (PFN) were detained in Paharagan detention center and the Singha Durbar city police office and their detention condition is very bad. Also, approximately 300 journalists have been arrested from April 16-18, and several dozen reporters were beaten up by the police. The assaults on demonstrators and bystanders are continuing even now.
So far, the only ‘charge’ against those detained is that they have been peacefully demonstrating, in accordance with the Nepalese Constitution, against the ‘regression’ of the government into pre-democracy practices. Such arrest and detention is thereby unconstitutional, as well as in violation of Nepal’s international obligations. The conditions of detention are also inhuman and unlawful.
Although Nepal has ratified practically all the international conventions including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT) relating to fundamental human rights -all of which have been violated consistently against a peaceful, democratic movement- the Government of Nepal’s commitment to upholding human rights seems to be mere rhetoric.
Therefore, I strongly urge you to take steps to implement the standards of human rights that have been accepted by Nepal on paper. To this end, all illegal and arbitrary arrests and detentions must stop immediately. I also urge you to release all detainees unconditionally, or should take into judicial custody after following the due process of law. I further request the Government of Nepal to revoke its draconian order of illegal assembly, and stop criminalizing those who are dedicated to peace and democracy.
Yours sincerely
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
