The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Nepal.
Brief description of the situation:
According to the information received, several human rights defenders were re-arrested by security forces ignoring court orders, after the royal takeover on February 1, 2005. Some of these cases reportedly took place after the end of state of emergency, on April 29, 2005.
These human rights defenders are, among others:
– Mr. Rajendra Rai, former Chairperson of the All Nepal National Free Students’ Union (ANNFSU), was released on May 16, 2005 following a court order dated May 13, 2005, and re-arrested on the same day in the District Court premises, Babarmahal, Kathmandu. Detained at the Police Academy of Maharajgunj, he was released on May 20, 2005.
– Mr. Gagan Kumar Thapa, former General Secretary of the Nepal Student’s Union (NSU), was released on May 5, 2005 and re-arrested on the same day at the District Police Office of Kathmandu. Detained at the Nepal Electricity Corporation Training Centre in Bhaktapur, he was released on May 25, 2005.
– Mr. Chandra Bhandari, former President of NSU, was released on April 27, 2005 and re-arrested on the same day at the District Police Office of Bhaktapur. Detained at the n°1 battalion of the Armed Police Force, Naxal, Kathmandu, he was released on May 26, 2005.
– Mr. Rajan Rai, Central Secretariat Member of ANNFSU, was released on April 27, 2005 and re-arrested on the same day at the Police Academy of Maharajgunj, Kathmandu. He was detained at the Nepal Electricity Corporation Training Centre (NECTC) in Bhaktapur, and was released on May 19, 2005, from Bhaktapur district after a new order from the Supreme Court.
– Mr. Pradip Poudel, Vice-President of NSU, was released on April 26, 2005, and re-arrested on the same day at the District Police Office of Bhaktapur. Before being released on May 26, 2005, he was detained at the Agriculture Development Training Centre in Bhaktapur.
– Mr. Thakur Gaire, General Secretary of ANNFSU, was released on April 20, 2005, and re-arrested on the same day at Koteshwor, Kathmandu. Detained at the NECTC in Bhaktapur, he was released on May 26, 2005.
– Mr. Lok Prasad Pant, Chairperson of the Civil Society Network (CSN), was released on March 9, 2005 and re-arrested on the same day. He is said to be detained at the Jail of Surkhet district (See Observatory urgent appeal NPL 002/0205/OBS 010.1).
The Observatory would like to express its deep concern regarding these re-arrests, as they violate court decisions, and in turn violate the International Covenant on Civil and Political Rights (ICCPR), to which Nepal is a state party, and national legal provisions. In addition, on April 1, 2005, the Supreme Court passed a stricture against arbitrary detentions by the State, reading: "It is inappropriate and unconstitutional to strip citizens of their personal liberties, arrest and detain them in an illegal and arbitrary manner, to deprive a detainee from the right to being informed of the reasons behind his arrest at the earliest and to refrain a detainee from his right to be presented before a judicial authority". Despite the Supreme court order, incidents of re-arrest continue and the state security forces have re-arrested persons even from court premises.
Background information:
On February 1, 2005, King Gyandendra and the Royal Nepalese Army (RNA) seized effective control of all level of powers, declaring a sate of emergency and suspending fundamental constitutional rights. Lawyers, human rights defenders, political and student leaders, as well as journalists and trade unionists were then arbitrarily arrested (See Observatory Urgent Appeal NPL 002/0205/OBS 010, OBS 010.1 and Press Release, February 22, 2005).
Action requested:
Please write to the authorities of Nepal urging them to:
i.take all necessary measures to guarantee the physical and psychological integrity of all human rights defenders in the country;
ii.release immediately and unconditionally all human rights defenders and prisoners of opinion who are arbitrarily detained;
iii.end all forms of harassment and ill-treatment of human rights defenders in Nepal, and guarantee in all circumstances that human rights defenders and organisations are able to carry out their work without any hindrance;
iv.ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular article 1, which states that "everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels", article 6 on the right "to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms", "to freely publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms" and "to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters", as well as article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration";
v.guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by Nepal.
Addresses:
– His Majesty King Gyanendra, Narayanhity Royal Palace, Durbar Marg, Kathmandu, Nepal
c/o Permanent Mission of the Kingdom of Nepal to the United Nations, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 733 27 22; E-mail: mission.nepal@ties.itu.int
– Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Email: nhrc@ntc.net.np
Please also write to the diplomatic representations of Nepal in your respective countries.
Paris - Geneva, June 24, 2005
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 33 (0) 1 43 55 18 80
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E-mail : observatoire@iprolink.ch