UPDATE (Nepal): Man re-arrested for a third time as punishment for informing human rights organisations of his situation

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to inform you that Mr Jeewan Shrestha, who we have reported on in the past (UA-159-2004), has been re-arrested for the third time by security forces, as punishment for his informing human rights organisations of the situation he is in.

According to the latest information we have received, Jeewan was arrested by police personnel on 15 September 2004, but was released on 16 November according to Supreme Court orders.  However, he was immediately re-arrested by police personnel upon leaving the prison grounds.  Again, Jeewan was released on 24 November 2004, following Supreme Court orders granting his release, but was told to present himself before the Singhanath army barracks on 15 December.  When Jeewan did this, he was re-arrested again.

The AHRC believes that Jeewan has been re-arrested as punishment for his informing human rights organisations, including ourselves, of the repeated harassment he is enduring at the hands of the Nepali security forces.  If this is indeed true, then we are deeply troubled by what the future holds for Jeewan and his family members.

We ask that you intervene into this matter so that justice can be brought to Jeewan and those security forces responsible for his repeated re-arrests.  Please send a letter to Major-General Sharma Thappa demanding that he intervene into this case and have Jeewan immediately released in accordance with court orders. Please also ask the Government of Nepal to investigate the case and take disciplinary/legal action against those security forces that have violated Jeewan’s rights. Finally, please request the Government of Nepal 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 Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of victim: Jeewan Sharestha, 38 years old, permanent resident of Sankhuwa Sabha District, Wana VDC ward no 1, residing in Kathmandu for some years
Date of arbitrary arrest: On 15 September 2004 by a group of Royal Nepal Army personnel deployed from Singhanath Gan, Suryabinayak, Bhaktapur
Date of re-arrests: 16 November 2004; 15 December 2004. 

On 15 December 2004, Jeewan Shrestha was arrested for the third time by a group of personnel from the Royal Nepal Army, deployed from Singhnath Gan, Suryabinaya, Bhaktapur.  This arrest follows two earlier ones where Jeewan was arrested on 15 September 2004, and then again on 16 November 2004, immediately following his release in accordance with Supreme Court orders.  
 
Following his most recent arrest, on 15 December, Jeewan disappeared for sometime within the system, before finally being located by his lawyers in a prison in Nepal.  The first writ of habeas corpus was filed in the Supreme Court of Nepal on 7 October 2004.  The Supreme Court found his detention illegal and issued a release order on 16 November 2004.

On 16 November, Jeewan’s lawyer and wife went to the prison to receive him.  There his wife was asked to sign a document, though neither herself nor the lawyer were allowed to witness what was written on the document.  Jeewan was then released, but was immediately re-arrested outside of the prison by a group of police personnel.  

The following day (17 November) a human rights lawyer located Jeewan in the District Police Office Bhaktapur, where they were told that Jeewan had been arrested on the instruction of the army.  At this point, Jeewan disappeared within the system once more, before being found in Singhanath army barracks, Suryabinayak, Bhaktapur.  Another writ of habeas corpus was filed in the Supreme Court on 18 November 2004, and subsequently, Jeewan was released on 24 November.  During his release, Jeewan was told that he must present himself to the army barracks on 15 December.  Accordingly, Jeewan went to the barracks with his wife and a relative, Mr Gopal Shrestha, on 15 December.  At the front gate of the barracks, Jeewan was told to go inside, while his wife and relative were asked to wait.  After some time, Jeewan’s wife was told that her husband would in fact be being detained there.  

In a desperate state, Jeewan’s wife went back to the barracks the following day (16 December) but was told that she could not access her husband.  Again she went on the third day, pleading for her husband’s release.  At this point in time, Jeewan’s wife was told that if she appeared before the barracks again, she too would be put inside.  Additionally, Jeewan’s wife was accused of filing the case of habeas corpus in the court and for telling her husband’s story to human rights groups.

ADDITIONAL INFORMATION:

Since 1996 Nepal has been gripped by a brutal civil war between the state’s poorly trained military and police and a retrograde Maoist movement. More than 10,000 Nepalis have died and many more have disappeared, been tortured and/or intimidated. The situation of “law and order” and internal security has deteriorated to near unmanageable proportions. Such a state of affairs reflects the government’s inability to ensure the safety and security of its people. 

Under the circumstances, security forces have been being re-arrested detainees immediately upon their release by court orders. The immediate re-arrest of detainees is merely serving to weaken, threaten and to humiliate the courts, lawyers, and the victims so that they might refrain from challenging illegal detentions again. The systematic re-arrest of individuals indicates the failure of the judicial system in Nepal as the judiciary is unable to safeguard the authority of its decision or stop the security forces from abusing the legal process by re-arresting individuals freed by the courts. 

Significantly, the current practice of re-arrest by Nepal’s forces, and certain elements of the revised TADA, are a breach of international humanitarian law (in accordance with Nepal’s current state of civil war) and other international laws such as the International Covenant on Civil and Political Rights (particularly in regards to ‘right to liberty) to which Nepal is a signatory. 

The AHRC calls upon His Majesty’s Government of Nepal and Major General Sharma Thappa to make genuine efforts to put an end to the practice of re-arresting persons immediately upon their release. The government must adopt a realistic and sincere approach towards a solution; otherwise, the blind, unnecessary and blatant use of force coupled with the impunity of state security officials will continue to result in further violations of human rights.

SUGGESTED ACTION: 
Please send a letter, fax or an email to Major General Sharma Thappa and ask him to take immediate action into this case.

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