NEPAL: Two human rights defenders were illegally arrested and are currently being detained at the Anamnagar City Police Office, Kathmandu

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned by the illegal arrest of Dinesh Prasain and Usha Titikchu by the police from the Anamnagar City Police Office, Kathumandu at the COCAP office in Anamnagar, Kathmandu on 4 June 2004.

It is reported that at the time of arrest the police did not have arrest warrants nor did they have any orders to arrest Dinesh and Usha. Also, when the two refused to go with the police without a due process of law, they were forcibly taken into police custody and Dinesh was beaten by the police inspector. The police told Dinesh and Usha¡¯s advocates that the arrest of Dinesh and Usha was ordered from the valley Deputy Inspector General (DIG). According to unofficial sources, these arrests may have been made to prevent the protest demonstration, which was planned against Indian military assistance to the government of Nepal during the visit of Indian foreign minister Mr. Natwar Singh in the afternoon of 4 June 2004.

Please send a letter to the relevant authorities in Nepal asking for the immediate release of Dinesh and Usha and a thorough investigation of the case.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAINED INFORMATION:

Name of the victims:
1) Dinesh Prasain, a coordinator of Collective Campaign for Peace (COCAP)
2) Usha Titikchu, a photojournalist
Date of illegal arrest: 4 June 2004 at 10:30 a.m

Case details:

On 4 June 2004 at 10:30 am, Dinesh Prasain, a coordinator of Collective Campaign for Peace (COCAP) and Usha Titikchu, a photojournalist, were arrested by police from the Anamnagar City Police Office, Kathumandu at the COCAP office in Anamnagar, Kathmandu.

Three security personnel from Anamnagar City Police Office, Kathmandu led by Inspector Gopi Shrestha came to the COCAP office at about 10:25 am and told Dinesh and Usha to go with them as per the ‘order from above’. Dinesh and Usha asked the police to show arrest warrants but they denied to issue such warrants or to show any order to arrest them. When they refused to go with the police without a due process of law, they were not only forcibly taken into their custody, Dinesh was also beaten by the police inspector. No reason was given for their arrest.

At about 11:30 am advocate Govinda Bandi and Ramji Sharma went to visit Dinesh and Usha at Anamnagar City Police Office and they were allowed to meet them. When the advocates asked the inspector the reason of their arrest, he told them that he had got orders from valley Deputy Inspector General (DIG) to take them into custody “for their own protection”. While the advocates asked him about the arrest warrant and detention order, he said that he was not authorized to issue such orders since he had been told to take them into custody by the DIG.

In the meantime, a protest program is planned against the Indian military assistance to the government of Nepal during the visit of Indian foreign minister Mr. Natwar Singh in the afternoon of 4 June 2004. Unofficial sources say that these arrests might have been made to prevent this demonstration.

BACKGROUND INFORMATION:

Democratic groups in Nepal have been demonstrating in the capital daily, putting lives and limbs at risk demanding an end to ‘regression’–the abolition of parliament by the king, who has taken both legislative and executive power for himself. They have been brutally attacked by the security forces, and large numbers illegally detained. Those detained have not received water, food, adequate sanitation, medical attention, clothes or bedding, nor have they been given access to the outside world. Proper records of arrest and detention are not being kept.

This is ‘regression’ to the days before 1990, when an elected parliament was finally established under a constitutional–rather than absolute–monarchy. What it means practically is that the people’s sovereignty has been denied in favour of sovereignty by the king. The absolute monarchy was brought to an end by a popular uprising, and a broadly democratic constitution was promulgated with the same will. Despite the constitution’s many weaknesses, it can be said that in 1990 Nepal had entered into a new period of history, with the establishment of parliament and recognition of political parties. Since then, the rule of law in the country has been intrinsically linked to the election of people’s representatives.

The abolition of parliament and failure to call new elections, therefore, has effectively done away with the very framework within which the country’s legal system is expected to function. The constitutional provisions stipulating regular elections, accountable government, guarantees of basic human rights and the rule of law, and an independent judiciary are in reality no longer applied. This is the problem now affecting the whole country.

Recently Sher Bahdur Deuba, the chief of the Nepali Congress (Democratic) Party, was reappointed as prime minister by King Gyanendra, nearly two years after the king removed him from office. Deuba replaced the royally appointed prime minister, who resigned three weeks ago amid mass street protests, which began in early April. He said in the interview that his first priority would be to hold elections and he would seek to make peace with Maoist rebels. At least 2,500 have died since last August, when a cease-fire between the Maoist rebels and the government collapsed.

SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below and demand the local authorities to release the two human rights defenders immediately.

To support this case, please click here: SEND APPEAL LETTER