Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding serious threats made against the life of a human rights defender in Nepal. In recent days, the Sub-Inspector of the Kanchanpur district police office, Sher Singh Karki, has approached several members of human rights organisation, Advocacy Forum requesting that they relay a warning message to their colleague and lawyer, Mr. Tirtha Raj Panta. Amongst those warnings were threats to break his arms and legs, to charge him and detain him. The threats follow a torture compensation case having been filed by Tirtha Raj Panta on behalf of a victim of torture, with several key police officers from the Kanchanpur district police office, including Sub-Inspector Sher Singh Karki, termed as the opponents. They also follow Tirtha Raj Panta representing several other key cases of torture and illegal detention involving the Kanchanpur district police office.
Owing to the seriousness of these threats and enquiries made by police officers into the whereabouts of Tirtha Raj Panta, the AHRC is gravely concerned for the lawyers welfare and call on your intervention without delay. Please write to the relevant authorities listed below requesting them to take measures to ensure the safety of Tirtha Raj Panta. An investigation must be conducted into the alleged threats made against him, and anyone found to have made such threats must face immediate legal action. Human rights defenders must be free to pursue their work without fear of reprisal by law enforcers or other authorities.
Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:
On 15 January 2006 at about 3pm, a lawyer from Advocacy Forums Kanchanpur branch office, visited the district police office (DPO) of Kanchanpur as per the Forums regular custody monitoring activity. On that very day the DPO had received a courts summon regarding Tek Raj Bhattas torture compensation case (to see details of this case please refer to UA-029-2006), with Superintendent of Police Madhu Prasad Pudasaini, Deputy Superintendent of Police Govinda Ram Pariya, Police Inspector Deepak Regmi, Police Inspector Dilli Raj Bista, and Sub-Inspector Sher Singh Karki termed as the opponents. Tek Raj Bhattas torture compensation case was drafted by Advocacy Forum lawyer, Tirtha Raj Panta.
At the DPO, Sub-Inspector Sher Singh Karki approached the lawyer with the courts summon and told them to relay the message to Tirtha Raj Panta that we will not leave him. He is not safe anymore. His luck is not in favour of him. We will welcome him with the music (which means that they will take harsh physical action against him). We will charge him for drinking alcohol and destroying public property, and will lock him up in the custody.
Two days later, on January 17, the lawyer returned to the DPO once more. There they were confronted by the Sub-Inspector once again who said I had sent the mobile team to arrest Tirtha Raj Panta, but they could not find him. I think he must have run away. He has filed a false case against me. I have been working for the last 30 years in the police. When the lawyer asked him if the Superintendent of Police and the Deputy Superintendent of Police had ordered him to send the mobile team to arrest Tirtha Raj Panta, he replied that he alone had the authority to take such action. He then warned the lawyer not to come to the aid of Tirtha Raj Panta, otherwise they and Advocacy Forum would be defamed.
Further, on January 18, when representatives from Advocacy Forum visited the DPO they were once again confronted by the Sub-Inspector. When he saw the representatives of the Forum, he said, “I found out today that a lawyer named Tirtha Raj Panta had drafted the case (torture compensation). I had sent the mobile vehicle (police) yesterday to arrest him, but they did not find him. He is also a member of your Advocacy (organisation). He filed a case against me, and how can I leave him unharmed. I will break one of his arms and legs and then he will know the consequence of filing a case. How could he file a case against me, the one who has been in the service for 32 years? I have tackled many of such lawyers. There were other lawyers too, but nobody filed that case. He must have done it for dollars. He must have earned the dollars by drafting that case. I will give him the taste of it. He must have asked me at least once before drafting the case. How could he draft the case without asking and without understanding it?” He also described where he believed was the location of Tirtha Raj Pantas house.
Tirtha Raj Panta, his colleagues and the AHRC take this threat very seriously, and believe that the Sub-Inspectors words reflect the attitude and possible action of the DPO. There is grave concern that the police will not necessarily arrest Tirtha Raj Panta in public, but may rather take his life and report it as an accident.
It is also believed that these threats follow Advocacy Forums filing of a case against the Zonal Administrator of Mahakali Zone, the DPO members of Kanchanpur, and the warden and the ranger of the Royal Sukla Phata National Park in Kanchanpur (to see details of this case please refer to UA-028-2006). As a member of Advocacy Forum, he has directly challenged these authorities with the torture compensation cases of Tek Raj Bhatta and Kar Bir Singh Shau (UA-028-2006). Further, he has also filed habeas corpus writs against victims of illegal detention. When 12 detainees were released on the Kanchanpur appeal courts order, a case in which Advocacy Forum provided legal aid (to see further details please refer to UA-84-2005), Police Inspector Sarad Kumar Tamang enquired about the members of the Forum who had drafted the case. Similarly, on 29 December 2005, in the course of legal aid being provided to a juvenile detainee of Kanchanpur Jail, Tirtha Raj Panta overheard an armed police officer asking the police at the registration table about him.
Owing to these enquiries and the serious threats made against him, Tirtha Raj Panta is living very much in fear for his life.
SUGGESTED ACTION:
Please write to the relevant authorities listed below seeking their urgent intervention in ensuring the safety of the victim and in seeking disciplinary and legal action against those persons responsible for the threats made against him.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _____________,
NEPAL: Threats made against the life of a human rights defender
I write to you regarding serious threats made against the life of a human rights defender in Nepal. In recent days, the Sub-Inspector of the Kanchanpur district police office, Sher Singh Karki, has approached several members of human rights organisation, Advocacy Forum requesting that they relay a warning message to their colleague and lawyer, Mr. Tirtha Raj Panta.
According to the information I have received, on 15 January 2006, a lawyer from Advocacy Forums Kanchanpur branch office, visited the district police office (DPO) of Kanchanpur as per the Forums regular custody monitoring activity. On that very day the DPO had received a courts summon regarding Tek Raj Bhattas torture compensation case, with Superintendent of Police Madhu Prasad Pudasaini, Deputy Superintendent of Police Govinda Ram Pariya, Police Inspector Deepak Regmi, Police Inspector Dilli Raj Bista, and Sub-Inspector Sher Singh Karki termed as the opponents. Tek Raj Bhattas torture compensation case was drafted by Advocacy Forum lawyer, Tirtha Raj Panta.
At the DPO, Sub-Inspector Sher Singh Karki approached the lawyer with the courts summon and told them to relay the message to Tirtha Raj Panta that we will not leave him. He is not safe anymore. His luck is not in favour of him. We will welcome him with the music (which means that they will take harsh physical action against him). We will charge him for drinking alcohol and destroying public property, and will lock him up in the custody.
Two days later, on January 17, when the lawyer returned to the DPO the Sub-Inspector said I had sent the mobile team to arrest Tirtha Raj Panta, but they could not find him. I think he must have run away. He has filed a false case against me. I have been working for the last 30 years in the police. When the lawyer asked him if the Superintendent of Police and the Deputy Superintendent of Police had ordered him to send the mobile team to arrest Tirtha Raj Panta, he replied that he alone had the authority to take such action. He then warned the lawyer not to come to the aid of Tirtha Raj Panta, otherwise they and Advocacy Forum would be defamed.
Further, on January 18, when representatives from Advocacy Forum visited the DPO they were once again confronted by the Sub-Inspector who said, "I found out today that a lawyer named Tirtha Raj Panta had drafted the case (torture compensation). I had sent the mobile vehicle (police) yesterday to arrest him, but they did not find him. He is also a member of your Advocacy (organisation). He filed a case against me, and how can I leave him unharmed. I will break one of his arms and legs and then he will know the consequence of filing a case. How could he file a case against me, the one who has been in the service for 32 years? I have tackled many of such lawyers. There were other lawyers too, but no body filed that case. He must have done it for dollars. He must have earned the dollars by drafting that case. I will give him the taste of it. He must have asked me at least once before drafting the case. How could he draft the case without asking and without understanding it?" He also described where he believed was the location of Tirtha Raj Pantas house.
Tirtha Raj Panta, his colleagues, other human rights groups and I take these threats very seriously, and believe that the Sub-Inspectors words reflect the attitude and possible action of the DPO. I am aware that there is grave concern that the police will not necessarily arrest Tirtha Raj Panta in public, but may rather take his life and report it as an accident.
It is also believed that these threats follow Advocacy Forums filing of a case against the Zonal Administrator of Mahakali Zone, the DPO members of Kanchanpur, and the warden and the ranger of the Royal Sukla Phata National Park in Kanchanpur. As a member of Advocacy Forum, he has directly challenged these authorities with the torture compensation cases of Tek Raj Bhatta and Kar Bir Singh Shau. Further, he has also filed habeas corpus writs against victims of illegal detention. When 12 detainees were released on the Kanchanpur appeal courts order, a case in which Advocacy Forum provided legal aid, Police Inspector Sarad Kumar Tamang enquired about the members of the Forum who had drafted the case. Similarly, on 29 December 2005, in the course of legal aid being provided to a juvenile detainee of Kanchanpur Jail, Tirtha Raj Panta overheard an armed police officer asking the police at the registration table about him.
Owing to the seriousness of these threats and enquiries made by police officers into the whereabouts of Tirtha Raj Panta, I am gravely concerned for the lawyers welfare and call on your intervention without delay. I ask that you take measures to ensure the safety of Tirtha Raj Panta. An investigation must be conducted into the alleged threats made against him, and anyone found to have made such threats must face immediate legal action.
Human rights defenders must be free to pursue their work without fear of reprisal by law enforcers or other authorities.
I trust you will take action without delay.
Yours sincerely,
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PLEASE SEND A LETTER TO:
1. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg
Kathmandu
NEPAL
Tel: 977 14 413577/227577
Fax: 977 14 227395/ 411955
2. Colonel Pankaj Karki
Officer of Royal Nepal Army Human Rights Cell
Human Rights Cell
Singha Durbar
Kathmandu
NEPAL
Telefax: + 977 14 245 020/226 292
3. Laxmi Bahadur Nirala
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
4. 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
5. Mr. Ian Martin
Chief of Mission
Office of the United Nations High Commissioner for Human Rights- Nepal Office
UN House, Pulchowk
Kathmandu
NEPAL
Tel: (977) 1 5524 366 or 5523 200
Fax: (977) 1 5523 991 or 5523 986
Email: hrinfounit@undp.org
6. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.orgail: sechome@wb.gov.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
