Dear friends,
The Asian Human Rights Commission (AHRC) has received disturbing information regarding the re-arrest of citizens in Nepal, indicating that the practice is still rife within the country. From this information we can confirm that Shanta Rai, a permanent resident of Itahara VDC ward no 3, Morang and Yeshodha Khatiwada, a permanent resident of Hasanda VDC ward no 1, Morang have been re-arrested by security forces in violation of court orders. These new cases are yet further examples of the Nepali security force’s action to undermine court orders and intimidate and harass persons by arbitrarily arresting and detaining them immediately following their release. To see previous appeals on the re-arrests of persons in Nepal please refer to : UA-84-2005; UA-127-2004; UA-95-2004; UA-86-2004; UP-38-2004; UA-74-2004; and UA-51-2004.
Please send a letter to the relevant authorities listed below asking them to intervene in these two cases and to ensure that the practice of re-arrest does not continue. Disciplinary/legal action must also be taken against those security forces that have violated the rights of these victims. Finally, please request that all action be taken to instruct the army and the police to refrain from harassing persons who have been granted release, to strictly abide by court orders, and to stop all attempts to weaken the judiciary and rule of law.
Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:
Case 1
Name of the victim: Shanta Rai (32)
Address: Permanent resident of Itahara VDC ward no 3, Morang
Place of incident: Outside Biratnagar Appellate court premises
Date of incident: 24 January 2006
On 28 September 2005, a group of army personnel from Fusre Barrack of Eastern Headquarter, Itahari arrested Shanta Rai from Singha Devi VDC, Morang. Shanta Rai was then detained in the barracks until she was transferred to the Morang prison on October 5 under the order of the CDO Morang on preventive detention.
On December 29 a habeas corpus writ was filed on Shanta Rais behalf at the Appellate Court Morang. The case was delayed because the CDO office lingered in providing the necessary documents required by the Appellate Court, Biratnagar.
On 23 January 2006 the Biratnagar Appellate Court found Shanta Rais detention illegal and ordered her release. However, despite these orders, upon stepping outside the court room, plain clothed security personnel re-arrested Shanta Rai despite objections by lawyers and human rights activists, including representatives of the National Human Rights Commission and Office of the High Commissioner for Human Rights. The whereabouts of Shanta Rai remains unknown.
Case 2
Name of the victim: Yeshodha Khatiwada (29)
Address: Permanent resident of Hasanda VDC ward no 1, Morang
Place of incident: Outside Biratnagar Appellate Court premises
Date of incident: 24 January 2006
On 6 July 2006, a group of army personnel arrested Yeshodha Khatiwada from Sanischare VDC, Morang. Yeshodha Khatiwada was detained in the barracks until she was transferred to Morang prison on July 8 on preventive detention.
On 18 January 2006 a habeas corpus writ was filed on Yeshodha Khatiwadas behalf at the Appellate Court, Morang.
On January 23 the Biratnagar Appellate Court found Yeshodha Khatiwadas detention illegal and ordered her release. However, despite these orders, upon stepping outside the court room, plain clothed security personnel re-arrested Yeshodha Khatiwada despite objections by lawyers and human rights activists, including representatives of the National Human Rights Commission and Office of the High Commissioner for Human Rights. The whereabouts of Yeshodha Khatiwada remains unknown.
SUGGESTED ACTION:
Please send a letter to the following relevant authorities voicing your serious concern regarding this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _____________,
NEPAL: Re-arrest of Nepalese citizens undermines official court orders and rule of law
I write to voice my serious concern for two Nepalese citizens re-arrested by security personnel in the country. It is evident from these cases that the practice of re-arrest and the deliberate undermining of court orders are still rife within Nepal. This is a practice that must be stopped immediately.
In the first case, a group of army personal from Fusre Barrack of Eastern Headquarter, Itahari arrested Shanta Rai (32) from Singha Devi VDC, Morang on 28 September 2005. Shanta Rai was then detained in the barracks until she was transferred to the Morang prison on October 5 under the order of the CDO Morang on preventative detention.
On December 29 a habeas corpus writ was filed on Shanta Rais behalf at the Appellate Court, Morang. The case was delayed because the CDO office lingered in providing the necessary documents required by the Appellate Court, Biratnagar.
In the second case, a group of army personnel arrested Yeshodha Khatiwada (29) from Sanischare VDC, Morang on 6 July 2005. Yeshodha Khatiwada was detained in the barracks until she was transferred to Morang prison on July 8 on preventative detention.
On 18 January 2006 a habeas corpus writ was filed on Yeshodha Khatiwadas behalf at the Appellate Court, Morang.
On January 23 the Biratnagar Appellate Court found both Shanta Rais and Yeshodha Khatiwadas detention illegal and ordered their release. However, despite these orders, upon stepping outside the court room, plain clothed security personnel re-arrested Shanta Rai and Yeshodha Khatiwada despite objections by lawyers and human rights activists, including representatives of the National Human Rights Commission and Office of the High Commissioner for Human Rights. The whereabouts of Shanta Rai and Yeshodha Khatiwada remain unknown.
This series of re-arrest of people in Nepal by the army indicates the complete failure of rule of law in the country.
In light of this, I write to you asking for your intervention in these cases. I ask that a full investigation be conducted into each of these cases, so as to determine why these persons were re-arrested. Investigations should also be carried out into the numerous other cases of re-arrest that have occurred in Nepal in recent times. Disciplinary/legal action must be taken against those security forces that have violated the rights of these victims. Finally, I ask that you instruct all army and police personnel to refrain from harassing persons who have been granted release, to strictly abide by court orders, and to stop all attempts to weaken the judiciary and rule of law.
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 Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission
