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NEPAL: Confirmed re-arrest of at least 32 political activists and human rights defenders in violation of court orders following the royal takeover

June 22, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEAL PROGRAMME

22 June 2005
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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

NEPAL: Contempt of court order; violation of ICCPR and Constitution; rule of law; weakening of judicial system
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the current grave human rights situation in Nepal. From this information we can confirm that at least 32 political activists and human rights defenders have been re-arrested by security forces in violation of court orders, since the royal takeover on 1 February 2005. Such re-arrests demonstrate the government’s determination to undermine the democratic movement in Nepal and to weaken the judicial system.

We therefore ask you to write to the UN Chief of Mission urging him to take immediate and genuine steps to avert such re-arrests and to prevent the general destruction of democracy in Nepal. Supreme Court orders granting the release of detainees must be respected and those persons not re-arrested immediately upon discharge. Likewise, Article 9 of the International Covenant on Civil and Political Rights (for which Nepal is a state party), which calls for the protection of persons from arbitrary arrest and detention, must be respected and enforced. Similarly, Article 14 of the Constitution of the Kingdom of Nepal 1990, which guarantees the rights regarding criminal justice must be observed, as the recent cases of re-arrest by the government security forces are clearly a violation of this. 

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

At least 32 political activists and human rights defenders have been re-arrested by security forces since the royal takeover on 1 February 2005. These re-arrests are in direct violation of court orders granting the persons release. Sixty-three per cent of these cases have taken place after the end of the State of Emergency on April 29. 

Though the King of Nepal continues to publicly state that Nepal will guarantee the human rights of all of its citizens and democratic values, steps taken by the government, headed by the King himself, completely contradict his comments. Grave violations of human rights, the curtailment of freedom of press, restriction of movement, contempt of court orders and widespread political suppression have become prevalent in Nepal since February 1.

Such conduct by the government is in violation of international instruments of human rights, including the International Covenant on Civil and Political Rights (ICCPR) for which Nepal is state party to. It is also a violation of national legal provisions. If Nepal guarantees rule of law, as the King states it does, and if the present government identifies itself as the executor of the constitutional provisions, then the rights enshrined in national and international legal instruments should be strictly protected and the orders of the court strictly followed.

A list of the confirmed 32 political activists and human rights defenders re-arrested by security forces in violation of court orders since the royal takeover on February 1 follows:

 
Name
 
Affiliation
 
District of Arrest
 
Court
Date of Release/Re-arrest
 
Place of Re-arrest
 
Place of Present Detention
Navaraj Subedi
PFN
KTM
SC
15 June
Party Central Office, Sundhara, KTM
Ward Police Office, Boudha, KTM
Padam Sarki
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Tek Bahadur Sarki
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Takta Bahadur Giri
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Gagan Singh Kunwar
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Bir Man Sarki
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Bir Bahadur Karki
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Dhaule Bohara
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Padam Budha
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Bal Bahadur Dangi
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Ujjwal Singh Dhami
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Prem Bahadur Oli
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Man Bahadur Bista
-
Kanchanpur
AC
15 June
District Jail
DPO, Kanchanpur
Karna Bahadur Magar
-
KTM
SC
8 June
DC premises, KTM
-
Bablu Tamang
-
KTM
SC
2 June
DC premises, KTM
-
Ishwor Pokhrel
CPN (UML)
Saptari
SC
27 May
DC premises, Rajbiraj
Released on 9 June
Rajendra Rai
ANNFSU
KTM
DC
16 May
DC premises, Babarmahal KTM
Released on 20 May
Krishna Rawat
-
Banke
AC
11 May
DC premises
DPO, Banke
Gagan Kumar Thapa
NSU
KTM
SC
5 May
DPO, KTM
Released on 25 May
Jay Prakash Prasad Gupta
-
KTM
SC
5 May
DPO, Lalitpur
Released on 27 May
Chiranjivi Nidhi Tiwari
NC
KTM
SC
29 April
DPO, Bhaktapur
Released on 27 May
Chandra Bhandari
NSU
KTM
SC
27 April
DPO, Bhaktapur
Released on 26 May
Rajan Rai
ANNFSU
KTM
SC
27 April
Police Academy, Maharajgunj, KTM
Released on 19 May
Pradip Poudel
NSU
KTM
SC
26 April
DPO, Bhaktapur
Released on 19 May
Rekha Chaudhary
-
Bardiya
AC
24 April
AC premises
Disctrict Jail, Banke
Rajendra Loniya
-
Banke
AC
21 April
DC premises
District Jail, Banke
Thankur Gaire
ANNFSU
KTM
SC
20 April
Koteshwor, KTM
Released on 26 May
Ram Krishna Budha
-
Banke
AC
20 April
DC premises
District Jail, Banke
Bhalakaji Tamang
-
KTM
SC
31 March
DPO premises
-
Nirjani Chaudhary
-
Bardiya
AC
25 March
AC premises
District Jail, Banke
Lok Prasad Pant
CSN
Surkhet
AC
9 March
AC premises
District Jail, Surkhet
Gauri Pradhan
SWIN
KTM
SC
28 Feb
Nearby SC, KTM
Released on the same day


Note:
AC Appellate Court
ANNFSU All Nepal National Free Students’ Union
CPN (UML) Communist Party of Nepal (Unified Marxist-Leninist)
DPO  District Police Office
KTM Kathmandu
NSU Nepal Students’ Union
PFN People’s Front Nepal
SC Supreme Court
(If you cannot access this table, please click on the following link: http://www.ahrchk.net/ua/pdf/220605-UAtable.pdf)

These re-arrests exemplify the all too frequent act of security forces defying court orders for the release of citizens. To view similar cases, to which AHRC has reported on previously, please click on the following: UA-99-2005, UA-127-2004, UA-95-2004, UA-86-2004, UP-38-2005, UA-74-2004, UA-51-2004.

SUGGESTED ACTION:
Please send a letter to the UN Chief of Mission voicing your serious concern regarding these incidents.

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: Confirmed re-arrest of at least 32 political activists and human rights defenders in violation of court orders following the royal takeover

I write to voice my extreme concern at the current grave human rights situation in Nepal. According to the latest information that I have received, at least 32 political activists and human rights defenders have been re-arrested by security forces ignoring court orders, since the royal takeover on 1 February 2005. Such re-arrests demonstrate a distinct display on the King's behalf to undermine the democratic movement in Nepal and to weaken the judicial system.

I am aware that in recent statements at both national and international level His Majesty King Gyanendra has reiterated his commitment to human rights and democratic values in Nepal. However, his actions and the actions of his government suggest otherwise. Grave violations of human rights continue in the country unabated. Freedom of press, freedom of movement, court orders and political freedom are all being considerably violated in Nepal right now. Such conduct by the Nepalese government is wrong and will prevent the restoration of peace and stability to the country, which is sorely lacking right now.

In light of this, I urge you to take action to ensure that such re-arrests do not continue to occur and that the general destruction of democracy in Nepal is ceased. Supreme Court orders granting the release of detainees must be respected and those persons not re-arrested immediately upon discharge. Likewise, Article 9 of the International Covenant on Civil and Political Rights, which calls for the protection of persons from arbitrary arrest and detention, must be respected and enforced. Similarly, Article 14 of the Constitution of the Kingdom of Nepal 1990, which guarantees the rights regarding criminal justice must be observed, as the recent cases of re-arrest by the government security forces are clearly a violation of this.

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 Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-100-2005
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.