INDIA/NEPAL: Fear for lives of deported Nepalese after detention in India

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-29-2002
ISSUES: Arbitrary arrest & detention,

INDIA/NEPAL: Fear for lives of deported Nepalese after detention in India

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Indian police detained 13 people in New Delhi on July 11, 2002, including Mr. Gautam Navlakha, a human rights activist who is a member of the Indo-Nepalese Solidarity Forum that has advocated, among other things, an end to the state of emergency in Nepal and dialogue between the Nepalese government and insurgents to resolve the country’s problems through negotiations.

Of the 13 people detained, nine were Indian citizens, and four people were from Nepal. Mr. Navlakha, who was detained at about 5:30 p.m., was released three hours later along with the eight other Indians.

The four Nepalese men and women, however, were detained until July 12 when they were deported to Nepal where it is feared they will be killed, especially since three of the four people detained are journalists, which have faced arrest, torture and even death in custody since the government declared a state of emergency on Nov. 26, 2001. None of the detentions in India were made with an arrest warrant nor were any charges filed against the detainees. The four Nepalese detained and deported are:

– Mr. Partho Chhetri, a journalist

– Mr. Maheshwar Dahal, a journalist

– Mr. Moti Parsad, who is believed to be a student

– Ms. Aditi, a journalist whose surname is unknown at this time

These deportations were made in spite of decisions by the Supreme Court of India in a number of cases that the Indian government should not deport people to countries where their lives might be endangered.

All four of the Nepalese people who were detained are associated with Nepali Ekta Samaj, a social welfare organisation that has been serving millions of Nepalese people living in India for 23 years. The organisation, which has 20,000 members throughout the country, has been banned, however, by the Indian government under the Prevention of Terrorism Ordinance (POTO) because of suspected links with insurgents in Nepal. POTO, which was enacted by the Indian government in October 2001, has been condemned by human rights groups in India and throughout Asia for its draconian measures. It is maintained, however, that Nepali Ekta Samaj has not taken any action or has been involved in any activity that is unlawful in India.

It is believed that the arrest of these four people is the beginning of a crackdown by the Indian government against Nepalese people living in India.
 

SUGGESTED ACTION

Please write a letter to the prime minister, president and home minister of India condemning the Indian government for detaining the people above and deporting the four Nepalese men and women to Nepal.

Please write another letter to the Nepalese government requesting that the rights of the four people above be respected and that they not be harmed in any way.
 

 

 

 

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

SAMPLE LETTER

SUGGESTED LETTER FOR INDIAN GOVERNMENT OFFICIALS

Dear Sir,

Re: Illegal detention and deportation

I have recently learned about the detention of 13 people on July 11, 2002, in New Delhi that includes human rights activist Gautam Navlakha and four people from Nepal who reside in India – Mr. Partho Chhetri, Mr. Maheshwar Dahal, Mr. Moti Parsad and a woman named Aditi whose surname is unfortunately unknown at this time. I am concerned that they were detained without the use of any arrest warrant and without any charges being filed against them. I am both saddened and angered that your government deported these four Nepalese men and women to Nepal where it is feared they will be killed. You have failed to heed the decision of your country’s Supreme Court in a number of cases that the Indian government should not deport people to countries where their lives might be put in danger. You have not applied this principle in this case, for it must be kept in mind that three of the four Nepalese people who were detained – Mr. Partho Chhetri, Mr. Maheshwar Dahal and Aditi – are journalists and that journalists in Nepal have faced arrest, torture and even death in custody since the Nepalese government declared a state of emergency on Nov. 26, 2001.

Sincerely yours,

SUGGESTED LETTER TO GOVERNMENT OFFICIALS IN NEPAL

Dear Sir,

Re: Respect for rights of deported citizens of Nepal

I have learned about the recent detention and deportation of four Nepalese citizens from India to Nepal – Mr. Partho Chhetri, Mr. Maheshwar Dahal, Mr. Moti Parsad and a woman named Aditi whose surname is unfortunately unknown at this time. They were detained by the police in New Delhi on July 11, 2002, and deported the next day to Nepal. I ask that the rights of these people are respected, especially since three of the people above are journalists, and it is well-known outside of Nepal that a larger number of journalists have been arrested, tortured and have even died in custody since your government declared a state of emergency on Nov. 26 last year. Thus, I ask that these people are not harmed in any way.

Thank you for your prompt attention to this serious matter.

Sincerely yours,

PLEASE SEND A LETTER BY FAX OR EMAIL TO:

– Indian Government Officials

1. H.E. Atal Bihari Vajpayee

Prime Minister

South Block, Raisina Hill,

New Delhi, India-110 011

INDIA

Fax: 91-11-3019545 / 91-11-3016857

Email: eindun@undp.org

2. Shri K. R. Narayanan

President of India

H.E. President of India

Office of the President

Rashtrapati Bhawan

New Delhi, 110004

INDIA

Fax: +91 11 301-7290

E-mail: pressecy@alpha.nic.in

3. Mr L.K. Advani

Home Minister of India

South Block, Raisina Hill,

New Dehli 110 001,

INDIA

Fax: +91 11 301-5750

– Nepalese Government Officials

1. Mr. Sher Bahadur Deuba

Prime Minister and Foreign Minister of Nepal

Office of the Prime Minister

Singha Durbar

Kathmandu, NEPAL

Tel: +977 1 227955 or 1 228555

Fax: +977 1 227786

2. Mr. Khum Bahadur Khadka

Deputy Prime Minister and Minister of Home Affairs

Ministry of Home Affairs

Singha Durbar

Kathmandu, NEPAL

Tel: +977 1 224737

Fax: +977 1 227186 or 1 227187

3. Mr. Keshav Prasad Upadhaya

Chief Justice

Tel: +977 1 262546

Fax: +977 1 262878

Document Type : Urgent Appeal Case
Document ID : UA-29-2002
Countries : China, India,
Issues : Arbitrary arrest & detention,