NEPAL: Another attack to silence free media; Police raid on the Sagarmatha FM station 

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned by another police raid on the free media in Nepal. According to the information received from INSEC, the human rights organisation in Nepal, armed policemen together with an engineer from the Ministry of Information and Communications raided the Sagarmatha FM station on 27 November 2005 and seized a receiver set-equipment used to relay the news of BBC Nepali service. At that time, Sagarmatha FM was relaying the BBC Nepali news service but it was discontinued soon after. They also arrested four journalists and one technician without an arrest warrant during the raid. All of them were reportedly released by the next day. However, no reason for their arrest has been given.

Two letters were left at the Sagarmatha FM station after the police raid. One letter accused the Sagarmatha FM station of airing a “programme that encouraged terrorist and terrorism” and ordered it to stop airing any programme until further notice, while the other ordered the confiscation of the Sagarmath FM’s broadcasting equipment due to their failure to comply the previous order. Neither of these two letters had been received by the Sagarmatha FM administration officials before the police’s raid on November 27.

This is not the first incident of police raid on the independent broadcasting media. Just one month earlier, the Kantipur FM station was raided by armed policemen and its broadcasting equipment was confiscated (see further: UA-188-2005). Moreover, the Government of Nepal has already taken strong steps to completely control the media in the country by issuing a draconian “press ordinance” in October.

Free media and freedom of expression are in danger in Nepal.  The AHRC therefore strongly urges you to intervene in this matter immediately. Please send a letter to the United Nations High Commissioner for Human Rights office in Nepal urging that a prompt and independent investigation be conducted into this case. Please also request them to take action to re-establish the relay transmission of the BBC Nepali Service and pressurise the Government of Nepal to retract the “press ordinance” without delay and ensure the freedom of media.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Victims: Sagarmatha FM and its audiences
Date of the incident: At about 9:00pm on 27 November 2005
Alleged perpetrators: About 35-40 armed policemen and one engineer officer named Gaurab Giri from the Ministry of Information and Communications
Place of the incident: Sagarmatha FM station in Pulchowk, Lalitpur District, Nepal

At about 9:00pm on 27 November 2005, a group of 35-40 armed policemen stormed into the control room of the Sagarmatha FM station and seized a BBC receiver set-equipment used to relay the news of the BBC Nepali service without giving any reason for the raid. The receiver had been provided by the BBC to Sagarmatha FM to relay BBC Nepali service. They also arrested five FM station staff, including journalists and a technician, who were present at the time. No arrest warrant was presented. Those arrested were identified as four reporters, Dipak Babu Aryal, Punya Bhandari, Dipak Raj Pandey and Durga Karki, and a technician Rajendra Rijal. The police’s action was quick with the Sagarmatha FM station being closed forcefully by 9:15pm. Sagarmatha FM is the first community FM station of South Asia.

While taking away the broadcasting equipment, the policemen left two letters at the Sagarmatha FM station. They were printed on the letter head of the Ministry of Information and Communications and signed by Rajib Prasad Gupta Rauniyar, the senior Technical Officer. But no receipt was made. One letter with dispatch number 544 dated 27 November 2005 ordered the Sagarmatha FM station to stop airing any programme until further notice. The letter stated that the decision was taken under Sections 8 and 9 of the National Broadcasting Directives 2052 as the “Sagarmatha FM was found airing a programme that encouraged terrorist and terrorism”. The letter said that this was against the provision of Section 15 of the National Broadcasting Act 2049 and permit license. The other letter, which was issued on the same date with dispatch number 545, ordered the Sagarmatha FM station to hand over its broadcasting equipment to Engineer Gaurab Giri of the Ministry of Information and Communications as the station was still found airing a programme against the Ministry’s order to stop broadcasting any programme. However, neither of these two letters were received by the Sagarmatha FM administration officials before the police’s raid on November 27.

It is reported that the Sagarmatha FM station was relaying the BBC Nepali news service during the time of the police raid. Interviews with a Maoist Supremo Prachanda and a former Chief-of-Army Staff Sachhit Sumsher JBR were scheduled to be broadcast at that time. However, according to the FM station staff, the news transmission was discontinued and music tune was aired as soon as the interview of Prachanda began. Prachanda’s interview was about the issue of the recent understanding between the seven political parties and the Maoists to bring a peaceful solution to the crisis in the country. This understanding was widely recognised and appreciated by people in Nepal as well as the international community.

Out of the five arrested staff, Durga Karki was released the same night at around 11:00pm, while the others were released only at 12:15pm the next day (November 28). No reason has been given for their arrest.

The AHRC is gravely concerned by the recent series of the police raids on the independent media. On 21 October 2005, without any prior notice, armed policemen raided the Kantipur FM station, cut all the office telephone lines and took away eight sets of equipment used for up-linking the Kantipur FM’s Kathmandu station with the Bhedetar station in Dhankuta District, Nepal (see further: UA-188-2005). This is a clear attempt by the Government of Nepal to completely control the free media in the country and speaks to the growing repression and violations of fundamental rights in Nepal that the government is so keen to hide from global view.

ADDITIONAL COMMENTS:

The raid on Sagarmatha FM is yet another incident connected to the constant attempts by the Government to restrict the freedom of media. The AHRC has already warned on several occasions that free media and freedom of expression are in danger in Nepal (see further: AS-13-2005 and AS-19-2005). The Government of Nepal instructs guidelines for stronger censorship and has pressurised members of the media to falsify news in favour of the government. Furthermore, the order dated February 3 from the Ministry of Information and Communication enforced that all media reports opposing the takeover by the King have been banned. In addition, on October 9, the Government issued a draconian “press ordinance”, which resulted in the amendment of six laws relating to the media, namely Radio Act 2014 BS, National News Agency Act 2019 BS, Press and Publication Act 2048 BS, Press Council Act 2048 BS and National Broadcasting Act 2049 BS, in the way of enhancing censorship and curbing media.

SUGGESTED ACTION:

Please send a letter to Ian Martin, Chief of Mission, Office of the United Nations High Commissioner for Human Rights – Nepal Office, urging him to intervene into this matter and ensure freedom of media in Nepal.

 

 

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