The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information concerning the situation in Nepal and requests your urgent intervention.
New Information:
Three security personnel from Anamnagar City Police arrived at the office of the Collective Campaign for Peace (COCAP) around 10:30 am on June 4, 2004 and arrested the program coordinator, Mr. Dinesh Prasain, along with a photojournalist, Ms. Usha Titikchu. The officers denied to issue the requested arrest warrants and Mr. Prasain and Ms. Titikchu refused to go with them. The two were forcibly taken into custody and Mr. Prasain was beaten by the police inspector.
Approximately one hour later, advocates for the detainees Mr. Govinda Bandi and Mr. Ramji Sharma visited the place of detention and were told by the police inspector that the order to arrest Mr. Prasain and Ms. Titkchu had come from the Deputy Inspector General (DIG). The DIG stated that the two were to be detained ?for their own protection.?
The Observatory fears that the arrests were intended to prevent the planned protest against the Indian military assistance to the Nepali government. The protest was to take place during the visit of Indian foreign minister Mr. Natwar Singh in the afternoon of June 4, 2004. The detainees were release on June 5, 2004 at 2:30 pm.
Background Information:
The Observatory recalls that Mr. Prasain, coordinator of COCAP, was severely beaten by members of the Royal Nepali Army at his residence on January 13, 2004. A month earlier, Mr. Prasain received death threats from a professional criminal gang after one of his articles exposing corruption within human rights NGOs was published on December 14, 2003, in the Nepal Samacharpatra, a daily Nepali newspaper. See Urgent Appeal NPL 001/0104/OBS 005 issued by the Observatory on January 15, 2004.
The human rights situation in Nepal has been deteriorating since the abolition of parliament by the king in 2002, which prompted mass street protests and daily demonstrations in the capital city by democratic rights groups. Human rights violations became widespread due to the collapse of the cease-fire between the Government and the rebel CPN (Maoist) group in August 2003. Both parties have committed massive human rights violations including arbitrary and incommunicado detention for lengthy periods, rape, torture, forced disappearance and extra-judicial execution.
As the situation intensified, increased demonstrations precipitated an order banning public demonstrations and the assembly of more than five persons within the Kathmandu Ring Road and Lalitpur areas, issued April 8, 2004. Following the ban, demonstrators have been violently repressed, beaten and arbitrarily arrested by armed police.
Actions requested:
Please write to the authorities of Nepal urging them to:
i.order an independent and impartial investigation into the circumstances of these events, including the arrests and detention of Mr. Prasain and Ms. Titikchu, as well as the beating and illegal search of residence of Mr. Prasain in January, 2004, in order to identify those responsible, bring them to justice and apply the sanctions provided by law;
ii.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, including to peaceful demonstrations;
iii.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 provides that "every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level" and article 5(a), which guarantees the right ?to meet and assemble peacefully,? ?for the purpose of promoting and protecting human rights;?
iv.guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments.
Addresses :
His Majesty King Gyanendra
Narayanhity Royal Palace, Durbar Marg; Kathmandu, Nepal
Fax : 977-1-227395 ; 411955
Mr. Sher Bahdur Deuba
Prime Minister, Office of the Prime Minister, Singha Durbar; Kathmandu, Nepal
Fax: +977 1 4 227 765 / +977 1 227286
Shyam Bhakta Thapa
Inspector General of Police, Police Headquarters, Naxal; Kathmandu, Nepal
Fax: + 977 1 4 415 593 / 415 594
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
Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal
Fax: +9771 5 547 973; Email: nhrc@ntc.net.np
Paris - Geneva, June 8, 2004
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 / 43 55 18 80
Tel and fax OMCT : + 41 22 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch