NEPAL: Journalist abducted by Maoists, whereabouts still unknown

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from reliable sources in Nepal that a journalist Mr. Birendra Shah was abducted by the members of the Communist Party of Nepal (Maoists) on October 5, 2007 from Pipra Bazaar, Kalaiya, in Bara district. It is reported that he was abducted for writing news related to the Maoists. His whereabouts remain unknown and there are grave concerns for his personal integrity. The Maoists formally declared the end to more than a decade long armed conflict on November 21, 2006 and signed the Comprehensive Peace Agreement. The Maoists entered the country’s interim parliament on January 15, 2007 and the interim government on April 1, 2007, but recently quit the government on 18 September, 2007, giving rise to fears of further instability in the country.

CASE DETAILS:

According to the information received, Mr. Birendra Shah, 34, a local journalist from the Bara district and correspondent of Nepal FM, Avenues Television and Dristi weekly, was abducted by Maoists in the evening of 5 October 2007 from Pipara Bazaar, in Kalaiya, the district headquarters of Bara district in central Nepal.

Mr. Ramesh Bista, a central committee member of the Federation of Nepali Journalists (FNJ), Nepal, has alleged that Mr. Birendra Shah was abducted by members of the local Maoists named Kundan Faujdar, Ram Iekwal Sahani and Lal Bahadur Chaudhary along with several other unidentified Maoists. Ramesh Bista, who had also been involved in a fact-finding team of journalists, claims Birendra Shah was abducted for writing and reporting news related to the Maoists.

According to the information, Mr. Ram Dev Das, the editor of the magazine Terai Khabar Patrika, was also kidnapped at the same time as Birendra Shah, but he was released a few hours later after being beaten up. Mr. Ram Dev Das has stated that Birendra Shah was also beaten up severely and received death threats.

The Maoist Bara district authorities have reportedly refused to take responsibility for the abductions. They have, however, claimed that two of those thought to be responsible, Kundan Faujdar and Lal Bahadur Chaudhary, had been dismissed from the party before the incident took place, but have made no comment about Mr. Ram Lekwal Sahani. The victim’s whereabouts remain unknown to date and there are grave concerns for his integrity. The Maoists must immediately locate his whereabouts and release him without further delay.

BACKGROUND INFORMATION:

The Communist Party of Nepal (Maoists) formally ended the armed conflict in the country on November 21, 2006 and entered into the ‘Interim Legislature-Parliament’ on January 15, 2007. On 1 April 2007, the Maoists joined the interim government, which they recently left, on September 18, 2007, over demands concerning the use of a proportional electoral system and the creation of a republic in Nepal through a proclamation of the interim parliament.

According to article 7.1.4 of the Comprehensive Peace Agreement between the government of Nepal and the Maoists, “both sides would not be involved in the acts of torture; kidnapping; and forcing the civilians in any work and take necessary action to discourage such acts”. According to article 5.2.6 of the agreement, “both sides pledge to abandon all types of war, attack, counter-attack, violence and counter-violence in the country with a commitment to ensure loktantra, peace and forward-looking change in the Nepali society.”

However, abductions, torture and other forms of human rights violations are still being perpetrated by members of the Maoists. On July 5, 2007, journalist Mr. Prakash Thakuri was abducted by members of the Maoists-affiliated Young Communist League (YCL) but his whereabouts remain unknown. For further details please see: UA-219-2007.

SUGGESTED ACTION:
Please write to the relevant authorities listed below demanding their urgent intervention into this cases. The AHRC sends a separate letter to the Special Rapporteur on the Question of Torture and Working Group on the Enforced or Involuntary Disappearances for their intervention into this case.

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