NEPAL: Constant and arbitrary arrest of Tibetan protesters by police

Dear friends,

The Asian Human Rights Commission (AHRC) writes with deep concern regarding the routine practice by the Nepalese police of arresting and subsequently detaining Tibetan protesters holding peaceful demonstrations. On March 28, at least 89 persons, including women, children and Buddhist monks, were taken into police custody from the districts of Kathmandu and Lalitpur. The police severely beat some of the protestors. Though the police later released all of them without filing any charges none of the officers have been held accountable for their actions. The protestors were also threatened with either re-arrest or deportation if do not refrain from holding protests. The Tibetan refugee protesters are being arrested and detained again on March 29 and 31 by the police, while they were holding peaceful protests in front of the Visa Section of the Chinese Embassy in Kathmandu. The AHRC is deeply concerned by the actions of the police in effectively causing fear and depriving Tibetans of the right to hold peaceful protests.

CASE DETAILS: (Based on interviews with the victims at the Armed Police Force Training Centre, 3 Number Brigade, Kathmandu, Nepal on March 28)

On 28 March 2008 at around 10:30am, Mr Lam, a 29-year-old Tibetan refugee (name changed for security reasons) was together with other Tibetan protesters holding peaceful protest in Pulchock near the office of the United Nation (UN) at Pulchock in Kathmandu district. There the policemen attached to the Metropolitan Police Range at Jaulakhel, Lalitpur District arrested him and other eleven persons.

When he was interviewed, Mr Lam had testified that the police had beaten the protesters with wooden sticks, kicked them as they were arresting them. He, also, was beaten and has continued to suffer chest pain. Another victim, Ms. Seeta (name changed for security reasons), a 35-year-old female Tibetan protester, was also beaten with the rifle. She, too, continued to suffer chest pains.

After their arrest, they were detained at the Metropolitan Police Range, Jolakehel, Lalipure district. The police put both the female and male protesters in the same truck before going to the police station were they were held. The protesters said, “The police put us in the truck like a dog. They treated us as we are trash.”

It is also reported that at least four of the protestors, Ms. Kalpana, Ms. Sunita, Mr. Prem and Mr. Shyam, had also been repeatedly arrested and detained. (Names changed). They, too, have been assaulted when arrested.

Ms. Kalpana, 18-year-old student of Lalitpur district, was arrested twice on March 24 and 28 in Lalitpur district respectively. She was arrested by five police–two women and three male police officers–on March 24 and was sexually harassed. A policeman had touched her breast and lower part of her body. He also allegedly tried to tear her clothes off. The police also used abusive language on her. When she was arrested again on March 28, about seven to eight policemen had allegedly attempted to sexually harass her again. When she resisted, they had abused her and her female friends with sexually offensive language. She further said that the police had beaten her legs, back and head. She still suffers pain in the afflicted areas.

Ms. Sunita, 33, a resident of Kathmandu District, had been arrested eight times in different occasions from March 10 to 28.  Whenever the police arrested her, she was physically assaulted. The police had told her several times they would deport her to China so that she would be killed by the Chinese government. The police also beat her back, legs, head and private parts of her body.

Mr. Prem, 24, a resident of Kathmandu has been arrested on five occasions by the police from Kathmandu and Lalitpur District. He was also among those arrested on March 28. When he was arrested, the police hit him with wooden sticks and kicked him on his back, head and legs. The bloodstains on his legs were still visible when he was being interviewed.

Mr. Shyam, 22, a resident of Kathmandu has been arrested three times by the police. When he was also arrested on March 28, the police had also assaulted him with wooden sticks and kicked him on his back, head and legs.

Soon after their arrest, according to Lam, they were all taken to the Metropolitan Police Range, Jolakehel, Lalipure district. There were at least 89 protesters in total, who were also arrested from other places in the districts of Kathmandu and in Lalitpur for holding protests. About seven monks, wearing their red color monk robes, were seen with other detainees.

At around 12:15pm, the 78 detainees were transferred to the Armed Police Force Training Centre, 3 Number Brigade, Kathmandu. Before they were transferred, some representatives from the UN Office had visited them at the Metropolitan Police Range where they were held. The police, however, retained the 11 other persons in their custody.

When asked of the reasons why they had to retain them, one of the policemen allegedly said they [detainees] were drunk and that they wanted to separate them from other detainees. When challenged that none of them were drunk at all, the police insisted by simply saying, “I can see it through their eyes.” The victims also reported the police did not provide them food and water while in custody despite having been asked for it. They also requested water while in custody but the police did not provide it to them.

When interviews were made with the 11 Tibetan Protesters retained at the Metropolitan Police Range, only four detainees were allowed to speak with the lawyers from a local human rights group. According to the four, they were arrested at around 11am in front of the House of the United Nations. They claimed that the Nepalese police had also humiliated their spiritual leader Dalai Lama on March 27. Some police from the Lalitpur district had torn the Dalai Lama’s picture.

They further said that the police had beaten them and they were still suffering pain when they were interviewed. When the lawyer interviewed the four Tibetan protesters, one police Inspector Mr. Kadar Khanal came close to them and loudly told them: “You are a drunkard. Every time you drink wine and disturb us. You broke our vehicles. We respect the Chinese government and we would not allow you to speak against Chinese government.”

Although a police inspector at the Armed Police Force Training Centre confirmed having them in their custody the protesters transferred to them from the Metropolitan Police Range; he however, could not provide details why they were being arrested. When asked about the reason for their arrest and detention, he said they were arrested because they protested in front of the UN office. He, however, failed to elaborate what violations the protesters had committed.

It is also reported that the protestors had their pictures taken in small groups while in custody of the Metropolitan Police Range, Jolakehel, Lalipure district. They were allegedly warned that: “We [police] have your photos. If you protest tomorrow again, we will arrest you and implicate you with heavier charges and deport you to China.” Thus, taking photos of the said protestors have effectively made them vulnerable to arrest and intimidation by the police.

However, later in the evening of March 28, all the detainees held at the Armed Police Force Training Centre and those at the Metropolitan Police Range, were released.

Meanwhile, Ms. Seeta also claimed that she has learnt that her three of her brothers who are all monks have been killed by Chinese soldiers. She said that one brother from Garden Monastery was killed in Lhasa on March 10 and his body was found later. Her two brothers from the Garden Monastery and from Drepuag Monastery respectively were arrested in Lhasa on March 14.

Some protesters also suspect that the Chinese government could have been tapping their phone calls because every time they called and tried to speak to their relatives in Tibet to know their actual situation – even just asked, “Are you ok?” and then the telephone hangs up.

LATEST UPDATES:

On March 29, Tibetan refugees held a peaceful demonstration in front of the Visa Section of the Chinese Embassy in Baluwatar in Kathmandu district at around 10:30am on March 29. At least 113 protesters, including about 80 monks, were arrested and detained by the police. All of them were again released on the same day without any charges. Beatings and ill-treatment by the police at the time of the arrest and detention were also reported.

Again on March 31, at least 210 Tibetan protesters were taken to No. 2 police barrack in Maharaggunj, Kathmandu district, after being arrested for holding protest in front of the Visa Section of the Chinese Embassy. Another 17 protesteres were detained at the metropolitan police circle, Singardarbar, Kathmandu district, while other 4 protesters were detained at the metropolitan police range, Jaulakhel, Lalitpur district. All of them were again released several hours later on the same day without any charges. There were unconfirmed reports about beatings, ill-treatment and sexual harassment of the protesters by the police at the time of the arrest and detention.

ADDITIONAL COMMENTS:

The Nepalese security force’ routine practice of physically assaulting, arresting and subsequently detaining Tibetan protesters who are holding peaceful demonstration since March 10 is of serious concern. Most of those arrested have, in the past, already been arrested more than once since the violence and the protests in Lhasa, Tibet began. One of those arrested on March 28 had been arrested eight times.

The police also failed to release promptly the arrested minors whom they should have not arrested and detained. The Nepalese police have in effect abused its authority to make arrest to prevent Tibetans from protesting. There is also allegation that some police also claimed to have identified some of the persons leading the demonstrations and had openly warned them: “I [police] know who are organizing protests. If we deal with these persons, we will receive an award from the Chinese government.”

The protesters said that many monks have been traveling to Kathmandu to join the peaceful protests from various monasteries in Bauddha in Kathmandu valley. However, the Bauddha police had also stopped the vehicles they were riding on and subsequently illegally arrested them in every occasion regardless of the purpose of their travel. It reportedly continuously happens to date. In these circumstances, many monks had to wear civilian clothes, so as not to be recognized by the police when they travel to Kathmandu. The protesters also said that the police had harassed them by throwing their national flag in the trash bin several times.

Also, some protesters who are seriously injured could not even afford to pay for medical treatment when they are taken to a hospital. They themselves had to collect money to cover the medial expenses for protestors who are seriously injured admitted at the hospital.

Some of the protesters are also worried for their security after having been released. They felt safer while they are in police custody but fears for their security when they are released. The police’ threats of arresting them and deporting them while they were in police custody had cause fear to them forcing many of the Tibetan not to return homes; and that they had to face difficulty in finding a new place to stay, after their release.

SUGGESTED ACTION:
Please write letters to the concerned authorities requesting them to initiate and inquiry into the actions taken by the Nepalese police. The security forces must refrain from carrying out arrest and subsequent detention in absence of any lawful procedures and reasons. The Nepalese government must ensure that the Tibetans could exercise demonstrations peacefully without fear of being attacked and arrested. They should also take action to ensure those injured are adequately treated.

Please be informed that the AHRC has written separate letters to the UN Special Rapporteur on Freedom of Expression, the Question of Torture and Working Group on Arbitrary Detention calling for their intervention in this case.

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