Nepal: Massive disappearances / impunity

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-139-2004
ISSUES: Enforced disappearances and abductions,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that in Nepal the situation is under extreme conditions where loss of life is the rule of the day. A large number of cases have been reported on disappearances. People – women, men and children are reported to be disappearing within the country, especially from the villages and places outside Katmandu, the capital city.

The National Human Rights Commission of Nepal has registered at least 1430 cases of which AHRC has the details of 925 individuals. AHRC has confirmed information that the Royal Nepal Army (RNA) and the Maoist activity are the only responsible factor for disappearance and of the reported cases most of them are allegedly involving the RNA. The 1430 cases registered at the National Human Rights Commission of Nepal do not indicate the actual figures since it is not even the tip of the iceberg. Human rights activists and people involved with human rights work in Nepal including the external monitoring bodies opine that the actual figures is several times more than that has been officially registered.

A hunger strike was going on at Ratna Park in Nepal where families of 125 disappeared persons had gathered in a tent and were protesting against disappearance and loss of life of their dear and near ones. Formerly the hunger protest was organized at Bhadrakali, in front of the RNA headquarter. The protesters were forcefully removed from Bhadrakali by the army. On being evicted from Bhadrakali the protesters had setup their camp at Ratna Park. Now the hunger strike has been called off due to some intervention by human rights activists.

Disappearance at this scale is the firm indicator of absolute collapse of rule of law in the country. It is widely known that in most of the cases of disappearance the relatives of the disappeared has either failed to lodge a complaint or if a complaint or even a court case is registered finds no result. The police fail to register cases, the courts fail to intervene and the authorities give a closed door approach to the cases brought before these bodies. Those who registered cases and those human rights activists who supported such cases by active or passive involvement have a history of being threatened and intimidated by the RNA or the Maoists as the case may be. The Government of Nepal has extended its invitation to the UN Working Group on Disappearance. However the working group is yet to announce its proposed date of visit.

Nepal is one of those rare countries which is a party to almost all international conventions. However the sad fact is that the country has failed to discharge its obligation to its citizens miserably and is not likely to have any solution or to take any tangible action towards putting an end to the situation of huge loss of human life especially in the current political setup.

It is anticipated that more life would be lost and at this rate the country would record one of the worst cases of massive disappearance ever recorded in human history. In these circumstances your urgent action is of utmost importance to put an end to this uncontrolled loss of human life and to put an end to the situation.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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SUGGESTED ACTION:
Please send a letter, fax, or an e-mail to the addresses below and express your concern about this case.

Sample letter:

Dear Sir,

Re: Massive disappearances in Nepal and absolute state of impunity and lack of action

I am shocked to learn about massive disappearances in Nepal and absolute state of impunity and lack of action by the authorities to contain this situation.

I am informed that in Nepal the situation is under extreme conditions where loss of life is the rule of the day. It is reported that a large number of cases have been reported on disappearances. People – women, men and children are reported to be disappearing within the country, especially from the villages and places outside Katmandu, the capital city.

I am informed that the National Human Rights Commission of Nepal has registered at least 1430 cases. The 1430 cases registered at the National Human Rights Commission of Nepal do not indicate that the number of disappeared is limitted to 1430. Human rights activists and people involved with human rights work in Nepal including the external monitoring bodies opine that the actual figures is several times more than that has been registered.

I am informed that as on today hunger strike is going on at Ratna Park in Nepal where families of 125 disappeared persons has gathered in a tent and is protesting against disappearance and loss of life of their dear and near ones. Formerly the hunger protest was organized at Bhadrakali, in front of the Army headquarter. The protesters were forcefully removed from Bhadrakali by the army. On being evicted from Bhadrakali the protesters have setup their camp at Ratna Park. Now the hunger strike has been called off due to some intervention by human rights activists.

Disappearance at this scale is the firm indicator of absolute collapse of rule of law in the country. It is widely known that in most of the cases of disappearance the relatives of the disappeared has either failed to lodge a complaint or if a complaint or even a court case is registered finds no result. The police fail to register cases, the courts fail to intervene and the authorities give a closed door approach to the cases brought before these bodies. Those who registered cases and those human rights activists who supported such cases by active or passive involvement have a history of being threatened and intimidated by the RNA or the Maoists as the case may be.

I hereby call upon you and your office to take immediate preventive measures to address this issue and to put an immediate stop to disappearances in Nepal. I also urge you to take immediate action so that those people protesting against disappearance in Nepal are protected against all threats or intimidation and that all reported cases of disappearance are immediately investigated by an impartial authority and that perpetrators are brought to justice.

Sincerely yours,

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Send a letter to:

1. Hon. Sher Bahadur Deuba
Prime Minister
Office of the Prime Minister
Singha Durbar, Kathmandu
NEPAL
Tel: +977 1 228555 or 227955
Fax: +977 1 4 227 765 / +977 1 227286
Email: hmg@es.wlink.com.np

2. Mr. Mahadev Yadav
Attorney General
Office of the Attorney General 
Ramshahpath, Kathmandu, Nepal
Tel: 14 262548 (direct line)/262394 (through Personal Assistant)
Fax. 14 262582
Email: fpattorney@most.gov.np
?lt;br />3. Shyam Bhakta Thapa
Inspector General of Police (IGP)
Police Head Quarter
Maharajganj, Kathmandu
Tel: +977-14 412 432/737 (direct-Office) / +977-14 414 985 (Residence)
Fax. +977- 14 415 593

4. Lieutenant Colonel Raju Nepali 
Head Royal Nepal Army Human Rights Cell 
Royal Nepalese Army Headquarters 
Singha Durbar 
Kathmandu 
Nepal 
Fax: + 977 1 4 226 292 or 245 020

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: +9771 5 547 973
Email: nhrc@ntc.net.np

6. Mr. David Johnson
Senior Human Rights Advisor
C/o UNDP, UN House
P.O. Box: 107
Pulchowk, Kathmandu
NEPAL
Tel: +977 1 5 524 366 / 5 523 200
Fax: +977 1 5 523 991 / 5 523 986
Email: david.johnson@undp.org

7. Professor Stephen Toope
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

8. Mr. Theo C. van Boven 
Special Rapporteur on the question of torture
Esp. for Disappearances: Att: Mr. Jean Nicolas Beuze
Room: 3-052
C/o OHCHR-UNOG 1211 Geneva 10, Switzerland 
Tel: +41 22 917 9174
Fax: +41 22 917 9016 (general)
E-mail: jnbeuze@ohchr.org

9. Ms Manuela Carmema Castrillo
Chairperson
Working Group on Arbitrary Detention
c/o OHCHR-UNOG 
1211 Geneva 10 
Switzerland 
Fax: +41 22 917 9006

10. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions 
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-139-2004
Countries : Nepal,
Issues : Enforced disappearances and abductions,