NEPAL: Army denies release of detainee despite court order 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Advocacy Forum, a local human rights NGO in Nepal about another attempt by the army to weaken the judiciary by ignoring court orders. For the last several months, the army and the police in Nepal have been repeatedly re-arresting people immediately after they are released through court orders, or have been simply refusing to release those detained illegally inspite of court orders.

According to the information received, a 30-year-old man named Upendra Timilsena is currently detained at Mahabir Guan Himalaya Barrack, Chauni Kathmandu, even though the Supreme Court ordered the Chief District officer, Kathmandu to release him immediately and report to the Court after his release on 23 July 2004. Upendra Timilsena was illegally arrested by security personnel on 8 June 2004 and has been detained in Mahabir Guan Himalaya Barrack since then.

Please send a letter to the government of Nepal and urge them to release Upendra Timilsena immediately according to court orders, and strictly instruct the army and the police to obey court orders and stop these attempts to weaken the judiciary and rule of law.

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

Name of the victim: Upendra Timilsena, 30 years old, resident of Maharajgunj, Kathmandu
Date of arrest: 8 June 2004
Place of detention: Mahabir Guan Himalaya Barrack, Chauni Kathmandu since June 8
Date of issue of Supreme Court¡¯s release order: 23 July 2004
Status: illegally detained at Mahabir Guan Himalaya Barrack until now in violation of court order

Case details:

Upendra Timilsena (30) is currently detained in Mahabir Guan Himalaya Barrack, Chauni Kathmandu even though the Supreme Court ordered the Chief District Officer (CDO), Kathmandu to release him immediately and report to the court after his release. Upendra Timilsena was illegally arrested by the security personnel on 8 June 2004 and has been being detained in Mahabir Guan Himalaya Barrack since then.

According to his parents, on June 8 at around 9:00 p.m., a group of 6-7 soldiers in civilian clothes, equipped with short pistols, came to Upendra Timilsena’s house to search for him. At that time, Upendra Timilsena was eating his dinner. As Upendra Timilsena broke his leg on May 17 due to an automobile accident, he was wearing a plaster cast on his leg. His parents pleaded with the soldiers not to take their son in his unhealthy condition but their words went in vain. Before taking him from his house, the soldiers showed their identity cards to the parents. They told the parents several times that they were taking Upendra Timilsena to inquire about something and that they would get their son back soon.

However, Upendra Timilsena remained disappeared and his whereabouts was unknown. Then, his parents went to the District Police Office (DPO), Hanumandhoka, Balaju Army Camp and Chauni Army Camp to find out their son¡¯s whereabouts. But all the above authorities denied Upendra Timilsena¡¯s arrest and detention.

On 28 June 2004, a person who was released from Mahabir Guan Himalaya Barrack gave information to the Upendra Timilsena¡¯s parents that he had shared a cell with their son for many days and he is being detained in the same army barrack. Upon getting this news, they rushed to Mahabir Guan Himalaya Barrack. When they reached there, they asked the guards to meet their son. The guards made some phone calls and then said that Upendra Timilsena was not detained there. However, the parents insisted that their son was in there and they should meet him. Then the guards asked them who gave them this information. The parents replied that they had got the information from a person released from the army barrack and that the ID cards of the soldiers who arrested their son belonged to this army camp. However, the guards continuously denied that they were detaining Upendra Timilsena. Finally, the parents returned home after two hours.

On 1 July 2004, Mel Kumari Timilsena, the mother of Upendra Timilsena, filed a habeas corpus writ petition on behalf of her son in the Supreme Court of Nepal. On July 2, the Supreme Court issued a show cause notice [In this case, the respondents should state whether the person is detained or not and what is the reason of his arrest] to the respondents including CDO Kathmandu, Army Headquarters and the Himalaya Barrack. CDO Kathmandu and Army Headquarters denied the arrest and detention of Upendra Timilsena but Himalaya Barrack sent the submission to the Supreme Court which mentioned that Upendra Timilsena has been detained under the Terrorist and Disruptive Activities (Control and Punishment) Ordinance 2001 (TADO) with the order of CDO, Kathmandu.

On 23 July 2004, the Supreme Court issued release order of Upendra Timilsena and ordered the CDO, Kathmandu to release him immediately and report to the Court after his release. Despite the strict order of the Apex Court, Upendra has not been released until now.

On July 26, Advocacy Forum, a local human rights NGO in Nepal, informed the National Human Rights Commission (NHRC) about this case and sent a team of lawyers including the attorney of Upendra Timilsena to Mahabir Guan Himalaya Barracks in Chauni Kathmandu. Only the victim¡¯s mother was permitted to meet her son in the barrack for a short time. Mr. Achut Acharya, who was a representative of NHRC, also entered the army barrack but the guards did not allow him to meet the victim, saying that they did not have an order from their superior abut his visit. Upendra Timilsena is currently detained in the same army barrack in violation of the court order releasing him.

On 27 July 2004, Advocacy Forum visited the CDO, Kathmandu and he told them that he would write the letter to the Army Headquarters to obey the court order and asked lawyers from Advocacy Forum to go the army barrack with one of his officers. However, Advocacy Forum refused to go there as this was the duty of the DCO¡¯s office. Instead, lawyers from Advocacy Forum went to the army barrack again and warned officers that if Upendra Timilsena is not released according to the court order, Advocacy Forum will file a case of contempt of court.

SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and ask them to take immediate action to release Upendra Timilsena.

1. Mr. Raju Nepali
Head, Royal Nepal Army Human Rights Cell
Human Rights Cell
Singha Durbar
Kathmandu, Nepal
Telefax: + 977 14 245 020/226 292

2. Mr. Sher Bahdur Deuba
Prime Minister
Office of the Prime Minister
Singha Durbar, Kathmandu
NEPAL
Tel: +977 1 228555 or 227955
Fax: +977 1 4 227286/227765

3. 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

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

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

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