NEPAL: Confirmed re-arrest of at least 32 political activists and human rights defenders in violation of court orders following the royal takeover 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the current grave human rights situation in Nepal. From this information we can confirm that at least 32 political activists and human rights defenders have been re-arrested by security forces in violation of court orders, since the royal takeover on 1 February 2005. Such re-arrests demonstrate the government’s determination to undermine the democratic movement in Nepal and to weaken the judicial system.

We therefore ask you to write to the UN Chief of Mission urging him to take immediate and genuine steps to avert such re-arrests and to prevent the general destruction of democracy in Nepal. Supreme Court orders granting the release of detainees must be respected and those persons not re-arrested immediately upon discharge. Likewise, Article 9 of the International Covenant on Civil and Political Rights (for which Nepal is a state party), which calls for the protection of persons from arbitrary arrest and detention, must be respected and enforced. Similarly, Article 14 of the Constitution of the Kingdom of Nepal 1990, which guarantees the rights regarding criminal justice must be observed, as the recent cases of re-arrest by the government security forces are clearly a violation of this.

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

At least 32 political activists and human rights defenders have been re-arrested by security forces since the royal takeover on 1 February 2005. These re-arrests are in direct violation of court orders granting the persons release. Sixty-three per cent of these cases have taken place after the end of the State of Emergency on April 29.

Though the King of Nepal continues to publicly state that Nepal will guarantee the human rights of all of its citizens and democratic values, steps taken by the government, headed by the King himself, completely contradict his comments. Grave violations of human rights, the curtailment of freedom of press, restriction of movement, contempt of court orders and widespread political suppression have become prevalent in Nepal since February 1.

Such conduct by the government is in violation of international instruments of human rights, including the International Covenant on Civil and Political Rights (ICCPR) for which Nepal is state party to. It is also a violation of national legal provisions. If Nepal guarantees rule of law, as the King states it does, and if the present government identifies itself as the executor of the constitutional provisions, then the rights enshrined in national and international legal instruments should be strictly protected and the orders of the court strictly followed.

A list of the confirmed 32 political activists and human rights defenders re-arrested by security forces in violation of court orders since the royal takeover on February 1 follows:

Name	Affiliation	District of Arrest	Court	Date of Release/Re-arrest	Place of Re-arrest	Place of Present Detention
Navaraj Subedi	PFN	KTM	SC	15 June	Party Central Office, Sundhara, KTM	Ward Police Office, Boudha, KTM
Padam Sarki	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Tek Bahadur Sarki	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Takta Bahadur Giri	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Gagan Singh Kunwar	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Bir Man Sarki	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Bir Bahadur Karki	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Dhaule Bohara	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Padam Budha	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Bal Bahadur Dangi	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Ujjwal Singh Dhami	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Prem Bahadur Oli	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Man Bahadur Bista	–	Kanchanpur	AC	15 June	District Jail	DPO, Kanchanpur
Karna Bahadur Magar	–	KTM	SC	8 June	DC premises, KTM	–
Bablu Tamang	–	KTM	SC	2 June	DC premises, KTM	–
Ishwor Pokhrel	CPN (UML)	Saptari	SC	27 May	DC premises, Rajbiraj	Released on 9 June
Rajendra Rai	ANNFSU	KTM	DC	16 May	DC premises, Babarmahal KTM	Released on 20 May
Krishna Rawat	–	Banke	AC	11 May	DC premises	DPO, Banke
Gagan Kumar Thapa	NSU	KTM	SC	5 May	DPO, KTM	Released on 25 May
Jay Prakash Prasad Gupta	–	KTM	SC	5 May	DPO, Lalitpur	Released on 27 May
Chiranjivi Nidhi Tiwari	NC	KTM	SC	29 April	DPO, Bhaktapur	Released on 27 May
Chandra Bhandari	NSU	KTM	SC	27 April	DPO, Bhaktapur	Released on 26 May
Rajan Rai	ANNFSU	KTM	SC	27 April	Police Academy, Maharajgunj, KTM	Released on 19 May
Pradip Poudel	NSU	KTM	SC	26 April	DPO, Bhaktapur	Released on 19 May
Rekha Chaudhary	–	Bardiya	AC	24 April	AC premises	Disctrict Jail, Banke
Rajendra Loniya	–	Banke	AC	21 April	DC premises	District Jail, Banke
Thankur Gaire	ANNFSU	KTM	SC	20 April	Koteshwor, KTM	Released on 26 May
Ram Krishna Budha	–	Banke	AC	20 April	DC premises	District Jail, Banke
Bhalakaji Tamang	–	KTM	SC	31 March	DPO premises	–
Nirjani Chaudhary	–	Bardiya	AC	25 March	AC premises	District Jail, Banke
Lok Prasad Pant	CSN	Surkhet	AC	9 March	AC premises	District Jail, Surkhet
Gauri Pradhan	SWIN	KTM	SC	28 Feb	Nearby SC, KTM	Released on the same day

Note:
AC Appellate Court
ANNFSU All Nepal National Free Students’ Union
CPN (UML) Communist Party of Nepal (Unified Marxist-Leninist)
DPO  District Police Office
KTM Kathmandu
NSU Nepal Students’ Union
PFN People’s Front Nepal
SC Supreme Court
(If you cannot access this table, please click on the following link: http://www.ahrchk.net/ua/pdf/220605-UAtable.pdf)

These re-arrests exemplify the all too frequent act of security forces defying court orders for the release of citizens. To view similar cases, to which AHRC has reported on previously, please click on the following: UA-99-2005, UA-127-2004, UA-95-2004, UA-86-2004, UP-38-2005, UA-74-2004, UA-51-2004.

SUGGESTED ACTION:
Please send a letter to the UN Chief of Mission voicing your serious concern regarding these incidents.

To support this case, please click here: SEND APPEAL LETTER