NEPAL: Three cases of arbitrary detention by security personnel 

Dear friends,

Three separate cases of illegal arrest and detention have come to the attention of the Asian Human Rights Commission (AHRC). Bharat Poudel, 25 and Dil Bhadur Baniya, 19 were both arrested by plain clothed security personnel on 16 September 2004 in Kaski District, Nepal, while secondary school student Prahalad Waiba was taken away on 1 March 2004. All three individuals have been in detention since their illegal arrest and have not been allowed to meet with family, while Waiba’s whereabouts are still unknown. There is a fear that the victims may be tortured or disappeared.

The AHRC is gravely disturbed by these illegal acts by the Nepalese security forces. The Government of Nepal must ensure that the lives of all three victims are protected and that they are released immediately. It must also take up its international obligations and ensure that disciplinary action is taken against the perpetrators. Your urgent action to intervene in this matter is required.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Name of the victim: Bharat Poudel, 25 years old, a teacher of the New Light Boarding School, residing in Ward No. 11, Lekhnath Municipality, Ekantakuna, Kaski District

Period of illegal arrest and detention: from 16 September 2004 till present

Place of illegal detention: Bijaypur Army Barrack, No.3 Bahini, Kaski District

On 16 September 2004, a 25-year-old teacher Bharat Poudel was arrested by a group of plain clothed security personnel from the New Light Boarding School, which is located in Lekhnath Municipality Ward No. 8, Ekantakuna, Kaski District at around noon.

On that day, a cultural event, Teej (women’s festival) was being held at the school. During the event, six plain clothed security personnel came to the school and told a staff member, Ms. Dhan Kumari that they were looking for Bharat Poudel. When Bharat Poudel came, they took him towards the school gate saying that they needed to ask him something. After that, the security personnel put Bharat Poudel into a cream colored van that was parked about 50 meters away from the school and drove towards Pokhara. No arrest warrant was issued at this time.

When the School Principal and the President of Kaski District Private and Boarding School Organization, Nepal went to see the Chief District Officer (CDO), Kaski to find out the facts, Acting CDO Mr. Krishna Prasad Lamsal told them that Bharat Poudel has been kept in Bijaypur Army Barrack, No.3 Bahini, Kaski District.

On the following day (September 17), the victim’s wife Sharada Devi Poudel went to the District Administration Office with several people but she merely received the same reply from the officers there. The victim’s wife along with other people went to the Bijaypur Army Barrack two times to meet her husband on September 18 and September 21, but were not allowed to see him.  The reason of his arrest is unknown. The victim’s family reported that his brother has been underground for several years due to his support for the Maoists. The family fears the possible torture and disappearance of Bharat Poudel.

Name of the victim: Dil Bhadur Baniya alias Bhimsen, 19 years old, a shop owner, residing in Lekhnath Municipality Ward No. 11, Kaski District

Period of illegal arrest and detention: from 16 September 2004 till present

Place of illegal detention: Bijaypur Army Barrack

On 16 September 2004 at around 12:15pm, Dil Bhadur Baniya alias Bhimsen was arrested by six plain clothed security personnel from his shop, which is located in Lekhnath Municipality Ward No. 8 in the local bus park. The security personnel forced him to get into a van without giving any reason of his arrest and took him away.

On the next day (September 17), the victim’s mother Belmaya Baniya went to the District Administration Office with some people to find out what had happened to her son. The CDO, Kaski told them that the army had taken Dil Bahadur Baniya into custody, but he could not provide any further information. On September 21, the victim’s mother went to see the CDO along with 25-30 villagers again, to ask the whereabouts of her son. The CDO told them that Dil Bahadur Baniya has been detained in the Bijaypur Army Barrack and would be released after investigation. It is reported that the army is not allowing the victim’s family to meet him. His family is worried that the victim might be subjected to torture by the army personnel during the investigation.

3. Case of Prahalad Waiba

Name of the victim: Prahalad Waiba, a student of Shree Krishna Secondary School Farping

Period of illegal arrest and detention: Since 1 March 2004 till present

Place of illegal detention: Currently unknown

At about 11:30am on 1 March 2004, about 50 armed soldiers arrived at the road-side of the Shree Krishna Secondary School Farping.  Four of them, clad in civilian dress with bags on their backs, sneaked towards the school. One remained at the school gate while the rest walked inside to the school office, surprising everyone inside. The lieutenant of the army then unfolded a paper, probably a list, which he took out of his pocket and then after briefly scanning the names asked the headmaster, ‘do you know Pralahad Waiba?’  Mr. Jagadish Prasad Singh, the headmaster, said that Pralahad was his student, to which the lieutenant questioned ‘do you know what sort of student is Pralahad? Do you have any information on him?’ The headmaster then said that Pralahad is one of the good students, regular in class, na?e and innocent. The army officer asked him to call Pralahad into the room. Mr. Singh then went to class 9, where Pralahad was, and took him to the office where the soldiers were waiting. The soldiers took Pralahad some 15 meters away from the room saying that they needed to talk to him privately, and after at least 15 minutes of talking to him, the soldiers sent Prahalad’s books and his class’s attendance register that they had seized along with him back to the office, but kept Pralahad. They took him away from the school in front of all of his teachers and friends including the headmaster. When Mr. Singh ventured to ask why they were taking his student, he was told to start keeping records of his students and staff; they alleged that Pralahad was suspected of planning an ambush at Chhaimale-3, Ghorti Khola, which killed a soldier and injured three others on 13 February 2004. Before leaving the school, the soldiers stated that they would release Pralahad within 2-3 days after completing their interrogation.

Prahalad’s father, Chandra Bahadur Waiba (also known as Sete) who has been working in the same school as a peon for the last six years was appalled when the soldiers took his innocent son without any warrant from the school premises in front of hundreds of people. He had to be repeatedly assured by Mr. Singh that his son would be released after a few days of interrogation as he inconsolably kept on asking why his son was seized.

On 28 April 2004, Prahalad’s mother Maili Waiba, went to the Farping Check Post to meet her son as Pralahad had not returned home even after almost a month of his arrest. She had gone to the Check Post with some clothes for him, but had to return dejectedly as she was told that neither could she visit her son nor give him the clothes.

Family members reported to the Advocacy Forum that one of their relatives who is in the army told them that Pralahad was safe at Farping Check Point until mid March 2004. However, his whereabouts since then is yet unknown.

The AHRC is gravely concerned for the lives of all three victims. There is a strong fear that they may be tortured or disappeared. We urge the Government of Nepal to protect the lives of these victims and to bring about their immediate release. An inquiry into the incidents must also be held, resulting in the prosecution and punishment of those responsible.

SUGGESTED ACTION:

Please send a letter, fax or email to the following authorities and express your concern at these three cases of arbitrary arrest and detention.

1. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg
Kathmandu,
Nepal
Tel: 977-1-413577/227577
Fax: 977-1-227395/ 411955

2. Mahadeo Prasad Yadav
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

3. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
Nepal
Tel: +977 1 5 547974 or 525659 or 547975
Fax: +9771 5 547973
Email: nhrc@ntc.net.np

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

5. 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

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. Diego Garcia-Sayan
Chairperson
Working Group on Enforced or Involuntary Disappearances
Att: Ms. Soussan Raadi-Azarakhchi
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006