Dear friends
The Asian Human Rights Commission (AHRC) is concerned by the information that two individuals who were ordered to be released from the Central Jail Nepalgunj by the appellate court on separate charges, were instead re-arrested by the security personnel of the District Police Office, Banke on 17 May 2004.
Kesham Bahadur Tharu and Man Bahadur Gharti were both illegally arrested on 13 January 2004 by security personnel from the Son Barsa Joint Security Base Camp. They were detained for about a month before being transferred to the district police office. Even then, they were only produced before a court due to habeas corpus applications filed by a human rights group in March 2004. Finally, when the court ordered their immediate release, although the prison authorities released them, they were immediately re-arrested by the district police office personnel within five minutes. Your urgent action is required to intervene in this case and pressure the authorities to release the individuals and inquire into the behavior of the particular police personnel.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Kesham Bahadur Tharu and Man Bahadur Gharti were re-arrested from the premises of the Central Jail Nepalgunj by the security personnel of the District Police Office, Banke on 17 May 2004. This occurred after the appellate court of Nepalgunj ordered their immediate release on 16 May 2004.
Both Kesham Bahadur Tharu, a 33 years old farmer, permanent resident of Phattepur VDC-1, and Man Bahadur Gharti, a 51 years old man permanent resident of Phattepur VDC-8, were arrested by security personnel from the Son Barsa Joint Security Base Camp on 13 January 2004. Kesham Bahadur Tharu was arrested at about 5:30 am while he was sleeping in his own house, while Man Bahadur Gharti was arrested while he was using the toilet behind the lemon tree near his house at about 6:00 am. Both individuals were kept at the Base Camp for about a month and then taken to the district police office, Banke on 14 February 2004. On 15 February 2004, they were sent to the central jail Nepalgunj under the preventive detention provision of the Public Security Act.
A human rights group, Advocacy Forum, filed two habeas corpus writs in the Appellate Court of Nepalgunj: one for Man Bahadur Gharti on 9 March 2004, and another for Kesham Bahadur Tharu on 10 March 2004. The court found both detentions illegal and issued orders to release them immediately on 16 May 2004. They were released on 17 May 2004 at about 11:30 am by the jail authorities. However, after five minutes of their release, a group of security personnel from the district police office Banke, entered into the central jail of Nepalgunj, re-arrested both Gharti and Tharu from the jail premises, loaded them into a white jeep and took them to the district police office, Banke.
SUGGESTED ACTION:
Please send a letter, fax or email to the following authorities to intervene in this case.
1. Shyam Bhakta Thapa
Inspector General of Police
Police Headquarters,
Naxal, Kathmandu,
NEPAL
Fax: + 977 1 4 415 593 / 415 594
2. 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
3. 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
4. Ms Manuela Carmema Castrillo
Working group on arbitrary detention
C/o OHCHR-UNOG,
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: Re-arrest of two individuals by district police after court ordered their release
It is with grave concern that I write to you regarding the re-arrest of Kesham Bahadur Tharu and Man Bahadur Gharti on 17 May 2004, after the appellate court ordered their immediate release on 16 May 2004.
Both individuals were illegally arrested on 13 January 2004 by security personnel from theSon Barsa Joint Security Base Camp. Kesham Bahadur Tharu, a 33 years old farmer, permanent resident of Phattepur VDC-1, was arrested at about 5:30 am while he was sleeping in his own house, and Man Bahadur Gharti, a 51 years old man permanent resident of Phattepur VDC-8, was arrested while he was using the toilet behind the lemon tree near his house at about 6:00 am.
Tharu and Gharti were detained for about a month before being transferred to the district police office. Even then, they were only produced before a court due to habeas corpus applications filed by a human rights group in March 2004. Finally, when the court ordered their immediate release, although the prison authorities released them, they were immediately re-arrested by the district police office personnel.
I urge you to take immediate action to release both individuals and inquire into the behavior of the police personnel involved in this case. The police are blatantly disregarding the orders of the court, thereby undermining the rule of law and flaunting their own impunity.
Yours sincerely,
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Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
