NEPAL: Three student leaders arbitrarily arrested by the police for shouting slogans against the monarchy

Three student leaders arbitrarily arrested by the police for shouting slogans against the monarchy

NEPAL: Political right; Freedom of opinion; Arbitrary detention
————————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that three student leaders in Nepal have been arbitrarily arrested without warrant by the police only for shouting slogans against the monarchy on 16 December. They have been detained at the Hanumandhoka Police Station, Kathmandu. If they are convicted on charges of sedition, they will face three-year imprisonment and a fine amounting to Rs. 3,000 each.

AHRC notes with great concern that the arrest of the three student leaders by the police clearly violates their political right and freedom of opinion, which is guaranteed by the Constitution of Nepal and international laws. Your urgent action is required to pressure the Nepalese government for their unconditional release.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
—————————————————–

DETAILED INFORMATION:

On the evening of 16 December 2003, Mr. Gururaj Ghimire and Mr. Gagan Thapa, student activists of Nepal Students’ Union (NSU), which is a student wing of the Nepali Congress, were arrested without warrant by the plain clothed District Superintendent of Police (DSP) Jagadish Chand with other policemen. They were arrested while attending a farewell ceremony after a conference hosted by Tribhuvan University at Park Village Resort, Budhanilakantha, Kathmandu. The police put both the students into a police van and took them to the Hanumandhoka Police Station. That same evening, security personnel also arrested Mr. Purushottam Acharya, a stduent activist of the All Nepalese National Free Students’ Union (ANNFSU), which is affiliated to the Communist Party of Nepal-United Marxist Leninist (CPN-UML).

The three student leaders were arrested for allegedly making provocative remarks against King Gyanendra at the public demonstration during the five parties’ protest on the same day. This is probably the first time since the Royal takeover on 4 October 2002 that students associated with mainstream political parties may be charged with sedition. If they are convicted on charges of sedition, they will face three-year imprisonment and a fine amounting to Rs. 3,000 each.

On 18 December 2003, the Special Court remanded the three student leaders charged with sedition to police custody for five days amidst violent protests from student groups across the country. The bench comprising of court’s chairman Top Bahadur Magar and its members Govinda Prasad Parajuli and Bhupa Dhoj Adhikari issued the order following a hearing in the court.

However, Government advocates Yubraj Subedi and Surya Nath Prakash Adhikari argued that the charges against the student leaders were justified as they had made defamatory remarks against the monarchy during the demonstrations on 16 December 2003. “To raise voices against misuse of the constitution and to demand that it be brought back to track cannot be the basis for sedition charges,” advocate Harihar Dahal, pleading on behalf of the detained students, said, “The cases have been filed in a manner reminiscent of the Panchayati era.” Also, advocate Nembang asked the sitting bench, “Is it sedition to demand constitutional monarchy?” He added that the arrests were political in nature and the case should not have been brought before the court. Meanwhile, talking to reporters in the premises of the Special Court, the student leaders lambasted the charges slapped on them as “illegal” and “politically motivated.”

Though they have been arrested on political charges but they are being treated as criminals during the detention. Thapa complained that they were herded with criminals at the Hanuman Dhoka Police Station and they were not allowed access to their family members and lawyers for the first seven days.

Krishna Pahadi, chairman of the Human Rights and Peace Society (HURPES) said “We oppose the arrests because the students were advocating for democracy.” Seven student organizations took out a rally at Ratna Park on 9 December in protest against the detention.

The arrest of the three student leaders violates their freedom of expression under articles 18, 19 and 26 of the International Covenant on Civil and Political Rights (ICCPR), to which the government of Nepal is a party. Therefore, they should be released immediately.

BACKGROUND INFORMATION:

Since the Royal takeover on 4 October 2002, Nepal has been facing serious human rights violations. Since then, there has been no parliament as the government was selected directly by the king. The political condition is worsening daily.

On 29 January 2003, the government and the Communist Party of Nepal (CPN-Maoist) declared a cease-fire. Three rounds of peace talks were held – in April, May and August – between the government and representatives of the CPN. The CPN had listed among their central demands a round table conference, the formation of an interim government and elections to a constituent assembly to draft a new Constitution.

The CPN announced they were withdrawing from the cease-fire agreement on 27 August 2003. Since then, fighting between the two sides has resumed throughout the country, and human rights abuses are committed by both sides to the conflict. International organizations have repeatedly appealed to the CPN to abide by the principles of international humanitarian law as reflected in Article 3, common to the four Geneva Conventions of 1949.

Since the conflict has worsened and is taking the lives of innocent people, the five national political parties are protesting against the king to establish constitutional government. Students are being denied education as schools and colleges are closed most of the time.

Student and youth organizations of the five agitating political parties have been rallying in the capital and across the country protesting against “regression” and demanding the restoration of peoples’ sovereignty. The protestors, defying the government and the directives of the five-party coalition, chanted anti-monarchy slogans. Coming heavily against the arrest of the student leaders on charge of sedition, the students also demanded their immediate release. Similarly, the students locked the colleges throughout the country demanding the immediate release of the student leaders. The students have closed the campus for an indefinite period in protest of the government’s action.

SUGGESTED ACTION:
Please send a letter, fax or email to the Nepalese government and request immediate unconditional release of the three student leaders.

1. Surya Bahadur Thapa, 
Prime Minister 
Prime Minister’s Office 
Singha Durbar, Kathmandu, 
NEPAL
Fax: + 977 1 4 227 286

2. Gyanendra Raj Rai 
Deputy Inspector General of Police, Head, APF 
Human Rights Cell, Armed Police Force (APF) 
Halchowk, Swayambhu, 
Kathmandu, 
NEPAL
Fax: + 977 1 4 411 384

3. Shyam Bhakta Thapa 
Inspector General of Police 
Police Headquarters, 
Naxal, Kathmandu, 
NEPAL
Fax: + 977 1 4 415 593 / 415 594

4. H. E. Gyan Chandra Acharya 
Ambassador 
Permanent Mission of the Kingdom of Nepal 
81 rue de la Servette, 
1201 Geneva, 
SWITZERLAND
Fax: +4122 7332722 
E-mail: mission.nepal@ties.itu.int

5. Ms Manuela Carmema Castrillo
Working group on arbitrary detention
C/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006

6. Mr. Ambeyi Ligabo
Special Rapporteur on the right to freedom of opinion and expression
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9003 
E-mail: urgent-action@ohchr.org

 

 

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