[RE: UA-84-2005: NEPAL: Re-arrest of Nepalese citizens undermines official court orders and rule of law; UP-16-2005: NEPAL: List of arrested political leaders and human rights defenders; International intervention is urgently required; UA-100-2005: NEPAL: Confirmed re-arrest of at least 32 political activists and human rights defenders in violation of court orders following the royal takeover]
Dear friends,
The Asian Human Rights Commission (AHRC) wishes to inform you that six persons we previously reported on, who were arbitrarily arrested and detained by Nepals security forces, have now been released.
According to the information we have received, those released are as follows:
1. Navaraj Subedi; political activist; arrested on 15 June; released on 24 June
2. Ishwor Pojhrel; political activist; arrested on 27 May; released on 9 June
3. Jay Prakash Prasad Gupta; civilian; arrested on 5 May; released on 27 May
4. Chiranjivi Nidhi Tiwari; civilian; arrested on 29 April; released on 27 May
(the above persons were previously reported on in UA-100-2005)
5. Krishna Pahadi; political activist; arrested on 9 February; released on 4 July
(previously reported on in UA-84-2005)
6. Basu Koirala; political activist; arrested on 13 March; released on 4 July
(previously reported on in UP-16-2005)
The AHRC strongly welcomes the release of these six persons. We are, however, deeply concerned for the large number of political activists and human rights defenders who remain in detention following their arbitrary arrests since King Gyandendra and the Royal Nepal Army seized control of the country on 1 February 2005. According to one source, more than 3,400 political activists and human rights defenders have been arrested since that day. They currently remain in detention facilities across the country and are being denied the rights that Nepals domestic law and its international obligations afford them. This is a highly unacceptable situation and one that requires intervention.
Authorities within Nepal must be reminded that arbitrary arrest and detention is a violation of domestic and international laws, including: Article 9 of the Universal Declaration of Human Rights; Article 9 of the International Covenant on Civil and Political Rights; and Article 14 of the Constitution of the Kingdom of Nepal 1990. Furthermore, arbitrary arrest and detention is a violation of the Point 3-11 of the 25-point Commitment on the Implementation of Human Rights and International Humanitarian Law that the Government of Nepal produced during the 60th session of the UN Commission on Human Rights on 26 March 2004 and more recently Agenda Item 19 passed during the 61st session of the UN Commission on Human Rights held on 15 April 2005.
Please therefore write to these authorities reminding them of their obligations and responsibilities.
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SAMPLE LETTER
Ian Martin
Chief of Mission
Office of the United Nations High Commissioner for Human Rights (OHCHR) Nepal Office
UN House, Pulchowk,
Kathmandu, Nepal.
Tel : (977) 1 5524 366 or 5523 200
Fax : (977) 1 5523 991 or 5523 986
Email : registry-OHCHR@undp.org
Dear Mr Martin
RE: Welcomed release of persons arbitrarily detained by Nepals security forces, but much more must be done
I am aware that six persons arbitrarily arrested and detained by Nepals security forces have now been released. I very much welcome this news and commend your office on any work you may have done to contribute to their release.
According to the information I have received, those released are as follows:
1. Navaraj Subedi; arrested on 15 June; political activist; released on 24 June
2. Ishwor Pojhrel; arrested on 27 May; political activist; released on 9 June
3. Jay Prakash Prasad Gupta; arrested on 5 May; civilian; released on 27 May
4. Chiranjivi Nidhi Tiwari; arrested on 29 April; civilian; released on 27 May
5. Krishna Pahadi; arrested on 9 February; political activist; released on 4 July
6. Basu Koirala; arrested on 13 March; political activist; released on 4 July
I am, however, deeply concerned for the large number of political activists and human rights defenders who remain in detention following their arbitrary arrests since King Gyandendra and the Royal Nepal Army seized control of the country on 1 February 2005. According to one source, more than 3,400 political activists and human rights defenders have been arrested since that day. They currently remain in detention facilities across the country and are being denied the rights that Nepals domestic law and its international obligations afford them. This is a highly unacceptable situation and one that requires intervention.
King Gyandendra and the Royal Nepal Army must be reminded that arbitrary arrest and detention is a violation of domestic and international laws, including: Article 9 of the Universal Declaration of Human Rights; Article 9 of the International Covenant on Civil and Political Rights; and Article 14 of the Constitution of the Kingdom of Nepal 1990. Furthermore, arbitrary arrest and detention is a violation of the Point 3-11 of the 25-point Commitment on the Implementation of Human Rights and International Humanitarian Law that the Government of Nepal produced during the 60th session of the UN Commission on Human Rights on 26 March 2004 and more recently Agenda Item 19 passed during the 61st session of the UN Commission on Human Rights held on 15 April 2005.
I call on you to remind them of this obligation and responsibility. Please pressure the King to release all arbitrarily detained persons in Nepal so as to help restore the rule of law and some sense of stability within the country. Persons must not be arrested and detained purely for voicing their concerns over the grave human rights and political situation in Nepal right now.
I look to your intervention in these matters.
Yours sincerely.
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PLEASE SEND COPIES TO:
1. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg
Kathmandu
NEPAL
Tel: 977 14 413577/227577
Fax: 977 14 227395/ 411955
2. Major General Sharma Thappa
Attn: Officer of Royal Nepal Army Human Rights Cell
Human Rights Cell
Singha Durbar
Kathmandu
NEPAL
Telefax: + 977 14 245 020/226 292
3. Mahadeo Prasad Yadav
Attorney General
Office of the Attorney General
Ramshahpath, Kathmandu
NEPAL
Tel: +977 14 262548 (direct line)/262394 (through Personal Assistant)
Fax: +977 14 262582
Email: fpattorney@most.gov.np
4. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Tel: +977 1 5 547 974 or 525 659 or 547 975
Fax: +9771 5 547 973
Email: nhrc@ntc.net.np
5. Ms Manuela Carmema Castrillo
Working group on arbitrary detention
C/o OHCHR-UNOG,
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
Thank you.
Urgent Appeals Program
Asian Human Rights Commission (AHRC)
