NEPAL: Legal aid NGO is denied access to detainees for their attempt to file a murder case against state security forces

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that Advocacy Forum, one of the leading human rights organizations in Nepal providing legal aid services to detainees, has been refused access to prisoners at the Kanchanpur detention centre since 7 February 2007.  The organisation has been allegedly accused of meddling with police matters for demanding that their clients be granted access to food. However, Advocacy Forum has been investigating an alleged murder/rape case involving state security forces and believes that they have been denied access to prisoners as punishment for pursuing the case. 

CASE DETAILS:

Since 7 February 2007, Superintendent of Police (SP) Mr. Chabi Lal Banjade has allegedly denied the Advocacy Forum lawyers’ access to detainees in district police office Kanchanpur. The SP began demanding that the lawyers provide a permission slip by saying ‘do you have any written order to visit the detention centres?’ When the Advocacy Forum lawyers pleaded with the SP and said that their organisation has been visiting detention centres for over 3 years, he replied “Advocacy Forum regularly visited detainees in custody for 3 years presenting its own power but now I can’t allow you to visit.” At which point on February 15, the Advocacy Forum lodged a complaint against the SP at Kanchanpur, Police Headquarter and with the Human Rights Cell of the Police.

On February 18, Ram Chandra Giri, Advocacy Forum advocate and coordinator of the custody visit programme, spoke with SP Chabi Lal Banjade. The SP allegedly reported that ‘when lawyers started demanding food for the detainees who were not taken to the court, the problem aroused. We can not provide food for detainees who are not taken to the court, as we do not have the budget for that, Advocacy Forum lawyers keeps making unnecessary scrutiny on us in many aspects which hampers our investigation’.

The Advocacy Forum voiced its concern over food since many detainees in police detention centres complain that they do not receive any for many days. Generally, the prison authority does not provide food for detainees before they are taken to court. Legally, the detainees are supposed to be taken to court within 24 hours of the arrest, but in practice the period may be exceed by many days. Thus, in many situations, detainees have to depend on others’ leftover food or will remain hungry for days.

Then on February 20, Advocacy Forum lawyers Tirtha Pant and Sumitra Karki went to District Police Office (DPO), Kanchanpur, the SP allegedly told them ‘you can meet the detainees today, on 20 Feb., but not from tomorrow, I will talk to you tomorrow’ in the meantime, inspector Deepak Regmi and DSP of the same DPO said, “you want to meet detainees separately but it is difficult as there are some serious cases”. This was said despite the fact that Nepal’s constitution demands that legal counselling with a detainee is conducted in confidence.

On February 23, Advocacy Forum lawyers persistently reported their case again to the Human Rights Cell of Police. Ram Chandra Giri spoke with the Police Inspector of HR Cell Mr. Manoj K. C. regarding the obstacles. Advocacy Forum lawyer was left assured that the HR Cell would try to solve the problem and send a letter to the DPO Kanchanpur by February 25 and again on February 27. Regrettably, the problem remains unsolved.

BACKGROUND:

Advocacy Forum is an organisation providing legal aid to prisoners in police detention centres.  Since there is no state mechanisms that ensure detainees have access to lawyers as promised by the constitution of Nepal, the Advocacy Forum has had to take a proactive approach in providing legal aid. This involves Advocacy Forum lawyers visiting different detention centres regularly in order to provide pro bono legal services. Advocacy Forum’s important work has a direct impact on curbing the human rights violations such as torture, illegal detention and extrajudicial killings by documenting how prisoners are being treated.  Over the past 3 years, the Advocacy Forum has been visiting 35 detention centres throughout the country after an agreement was reached between the police authority (Police Human Rights Cell) and Advocacy Forum. The police authority gave permission for the Advocacy Forum to monitor human rights and provide legal aid. Advocacy Forum is the only NGO in country that has been given this authority and Kanchanpur DPO is the only detention centre that the group has been refused entry.

On 7 February 2007, the Kanchanpur DPO allegedly denied Advocacy Forum the right to file a first information report (FIR) in a case that is against the states security forces.  Advocacy Forum had been providing legal assistance to two victim’s family who were killed by security forces on 17 August 2004.  Early that morning, security forces allegedly cordoned of the house of two brothers named Nar Bahadur Budamagar (aged 40) and Ratan Bahadur Budamagar (aged 32).  It is alleged that the officers beat their eyes and legs while in custody. When the two men’s wives came to their aid, one was kicked on the chest and pushed inside the house, while the other was taken to a nearby cowshed and reportedly raped. The two brothers were then allegedly marched around the village for three hours and finally shot dead in the nearby jungle at Paltekhani of Satya Chautari at around 2:30 p.m. The father and youngest brother of the deceased were also tortured, while the security forces looted 90,000 rupees (USD 1,335) from the mother’s house. The two brothers were residents of Jogbudha VDC-4, Gajaligada Dadeldhura district.

Since there was no investigation in this case, the family members requested legal aid from Advocacy Forum to help them file a First Information Report (FIR) demanding that a criminal investigation be launched.  According to the State Cases Act of Nepal, the nearest police office to the scene of the crime is responsible for filing the case report.  In this case, it was the Kanchanpur DPO who were responsible and who also refused to register the complaint without providing any reason.  The Advocacy Forum then complained to the Chief District Officer (CDO) who also refused to register the case allegedly because security officers were the accused.

Then on February 22, Advocacy Forum Lawyers went to the Appellate Court asking for a court order demanding that the police observe their legal obligations. At the time, Advocacy Forum lawyers were told by several sources that ‘you have to be careful’ implying that the lawyers security was at risk for their support of the victims challenging the states security forces. On February 25, the Appellate Court issued a show cause order to the District Police Office and District Administration Office of Kanchanpur regarding the case; however, no replies have yet to be scene.

SUGGESTED ACTION:
Please write the relevant Nepalese authorities and demand the ADVOCACY FORUM be allowed to continue their legal aid programme in Kanchanpur, Nepal. Please ask them investigate SP Mr. Chabi Lal Banjade for his role in this denial of justice.  Also urge authorities to immediately grant permission for the ADVOCACY FORUM to pursue their case against the state security forces.

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