NEPAL: Seven persons facing re-arrest by the police in violation of a court order 

Dear friends,

We call for your immediate intervention! The lives of people who were released from prison with a court order are at risk.

The Asian Human Rights Commission (AHRC) has received information from the Advocacy Forum, a human rights organization in Nepal, that the security forces surrounded their office to re-arrest seven persons who were released from prison on 21 June 2004 according to the order of the Nepalgunj Appellate Court on June 20. All these seven people were detained incommunicado and allegedly tortured at the Imangagar Army Barrack, Banke and were later illegally detained in Banke Prison Nepalgunj. The Advocacy Forum helped them by filing habeas corpus applications in court and after their release the Advocacy Forum brought them to its office for their security.

According to the activists in the organization, when the seven persons were released on June 21, security personnel in plain clothes immediately followed them. All the seven persons and their family members are currently staying inside the office of Advocacy Forum in Nepalgunj since 3:00 p.m. of 21 June 2004.

AHRC is deeply concerned by this act of the security forces, which is a clear attempt to violate court orders and to intimidate the human rights defenders. Your urgent action is required to pressure the government of Nepal to obey the court orders, withdraw the security forces immediately and ensure the safety of the victims and their family members.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Seven persons (detailed information attached below) were arrested by the army from the Imangagar Army Barrack, Banke, Nepal and were detained incommunicado with torture in the same army barrack for ten to thirteen days. Later on they were found in Banke Prison Nepalgunj detained illegally and Advocacy Forum, a human rights organization in Nepal, filed a writ of habeas corpus for them in Nepalgunj Appellate Court on 26 January 2004 on the request of their family members. However, the officer of the Chief District Office submitted a false report to the court that these seven persons were already released. Based on this fabricated report, the court quashed the petition on 29 February 2004 without analyzing the case as the detainees were still in prison.

On 4 March 2004, Advocacy Forum filed another writ petition with the details in the same court. On 20 June 2004, the court found these seven persons were detained illegally and ordered their release. However, as soon as they were released, security personnel in plain clothes immediately followed them. So, lawyers from Advocacy Forum and human rights activists presented at the Banke Prison Nepalgunj brought them and their family members to the office of Advocacy Forum for their safety. The security force then surrounded the office. They did not attempt to enter the office but are waiting outside to re-arrest the seven persons.

The seven victims and their family members are currently staying inside the office of Advocacy Forum in Nepalgunj since 3:00 p.m. of 21 June 2004. Members of human rights organizations accompanied and remained with the victims at Advocacy Forum for whole night. This matter was reported immediately to the Senior Human Rights Officer of the Office of the High Commissioner for Human Rights requesting immediate intervention. The case was also reported to the National Human Rights Commission (NHRC) of Nepal.

On 22 June 2004, when the officer of the Banke District Police Office was reached, he said that two of the released seven persons were Maoist supporters so they would re-arrest them once they go home. All seven victims the alleged Maoists supporters, reported to the human rights activists that as everybody in the village including them is forced to provide food to the Maoists whenever they demanded, they were also forcefully given a membership receipt. They further added that if their security is ensured, they would make further statement.

According to the information from a UN source, the army denied the allegation of surrounding the office of the human rights group, where the released are currently staying. They further said that they would take action if there is enough evidence of this case. Advocacy Forum said that five people will go back to their house tomorrow and two of the released will remain at the office until further clarification comes from the security forces.

The security forces have been re-arresting people when they get their release by court order in order to humiliate the court and weaken it, discourage the victims and their families to go to the court, and threaten lawyers and human rights activists who support the victims. On 24 May 2004, AHRC has previously reported that other re-arrest cases of Kesham Bahadur Tharu and Man Bahadur Gharti in violation of court orders (UA-51-2004). They were released on 17 May 2004 by the jail authorities after the appellate court of Nepalgunj ordered their immediate release on 16 May 2004. However, after five minutes of their release, security forces from the district police office Banke, re-arrested both Gharti and Tharu from the jail premises, and took them to the district police office, Banke.

In Nepal, illegal arrest, detention and torture is rapidly increasing since the conflict has been launched between the government and the armed Maoist group. AHRC requests you to make an immediate intervention to pressure the security forces to obey the court orders, not to terrify the victims, and ensure their security.

Detailed information of the seven persons:

1. Name: Tilak Ram Chaudhary (30 years old)
Address: Bilauna VDC-5, Banke
Date of arrest: 7 November 2003

2. Name: Tika Ram Giri (41 years old)
Address: Binauna VDC-1, Banke
Date of arrest: 7 November 2003

3. Name: Mani Ram Chaudhary (21 years old)
Address: Binauna VDC-5, Banke
Date of arrest: 7 November 2003

4. Name: Sher Bahadur Oli (28 years old)
Address: Binauna VDC-1, Banke
Date of arrest: 7 November 2003

5. Name: Prasanta Tharu (18 years old)
Address: Baijapur VDC-7, Banke
Date of arrest: 3 November 2003

6. Name: Prakash Pun (17 years old)
Address: Bilauna VDC-4, Banke
Date of arrest: 7 October 2003

** Common details of the six persons above are:
First habeas corpus writ petition registration date: 26 January 2004
First habeas corpus repealed date: 29 February 2004
Grounds: District Administration’s letter that claimed the individual had already been released from the prison
Second habeas corpus writ petition registration date: 4 March 2004
Order issued in habeas corpus date: 20 June 2004

7. Name: Deshu Ram Tharu (25 years old)
Address: Urari VDC-8, Dang
Arrested Date: 18 February 2004
Habeas Corpus writ petition registration date: 2 March 2004
Order issued in habeas corpus date: 20 June 2004

SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and demand them to withdraw the army forces near the office of the Advocacy Forum and ensure the safety of the seven released persons according to the court orders. (Sample letter attached) AHRC also suggests you to intervene into this matter immediately by calling to the Chief District Officer in Nepalgunj directly. The detailed contact information is below.

1. Chief District Officer in Nepalgunj
Tel: +977 81 520188 (O) / 81 520200 (R)
Fax: +977 81 520676

2. Mr. Raju Nepali
Royal Nepal Army
Human Rights Cell
Tel/fax: +977 1 4245020

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: +41 22 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. Ms Manuela Carmema Castrillo
Working group on arbitrary detention
C/o OHCHR-UNOG,
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006

7. 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

Sample letter:

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