NEPAL: Exceptional collapse of rule of law; Re-arrests; Undermining of court orders; Re-arrest
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Dear friends,
The Asian Human Rights Commission (AHRC) has received disturbing information regarding the re-arrest of citizens in Nepal, indicating that the practice is still rife within the country. We are aware of at least eight different cases involving the re-arrest of 28 citizens, which we have not previously reported on.
These new cases are yet further examples of the Nepali security force’s action to undermine court orders and intimidate and harass persons by arbitrarily arresting and detaining them immediately following their release. To view similar cases, to which AHRC has reported on previously, please click on the following: UA-127-2004, UA-95-2004, UA-86-2004, UP-38-2004, UA-74-2004, UA-51-2004.
Please send a letter to the Major General Sharma Thappa asking him to intervene into this case and to ensure that the practice of re-arrest does not continue. Please also ask for investigations to be conducted into these new cases, together with those that have occurred in the past, and take disciplinary/legal action against those security forces that have violated the rights of these victims. Finally, please request that all action be taken to instruct the army and the police to refrain from harassing persons who have been granted release, to strictly abide by court orders, and to stop all attempts to weaken the judiciary and rule of law.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
In the first case involving the re-arrest of citizens in Nepal, twelve people were arrested by the Royal Nepalese Army, detained illegally, but ordered to be released by the Appellate Court, Kanchanpur. However, despite these orders these persons were forced to sign a paper stating that they had been released but were taken away from the prison where they were detained, and have not been seen since.
In the second case, 14 people were abducted by Maoists from Dadeldhura Jogbundha VDC-9 and were told they were being taken to an ‘indoctrination program’ on 17 April 2004. The 14 people are: Bal Bhahadur Dangi, Prem Bahadur Wali, Tek Bahadur Khatri, Man Bahadur Bista, Padam Sarki, Birman Sarki, Lal Bahadur Giri, Bir Bahadur Sarki, Padam Bahadur Budha, Gagan Singh Kuwar, Karna Bahadur Dhami, Dhawal Singh Bohara, and Ujalasingh Dhami.
On the way, the security forces arrested all of them. After their arrest, they were taken to Suryadal Barrack in Kanchanpur. After detaining them for more than seven months in Suryadal Barrack, they were transferred to Kanchanpur prison under preventive detention. Two of those detained (Mr Sita Negi and Karna Dhami) were transferred from that prison, and supposedly transferred to Nepalgunj prison. However, they have not been registered at that jail and their whereabouts remain unknown. On 12 May 2005, the Appellate Court, Kanchanpur, issued released orders for the 12 still detained. However, after the detainees signed papers for their release, they were taken away in a police van parked outside the prison. The Jailor and the Chief District Officer (CDO) stated that they did not know anything about the 12.
In the third case, acting on a habeas corpus writ the Appellate Court, Nepalgunj, ordered the release of 22-year-old Krishna Rawat, detained illegally in Banke Prison under the Public Security Act on 10 may 2005. The court order said that Rawat was detained illegally and should be released in the presence of a district court judge. However, due to time constraints, the release order couldn’t be served to the prison authorities.
The following day, Rawat was taken to the District Court amidst a huge presence of plain-clothes policemen. Instead of releasing him, the police returned him to the District Police Office (DPO), Banke. The victim continues to be detained and denied his right to access to a lawyer.
The fourth case involves Chhail Bihari Loniya, 40, a farmer from Hirminiya VDC-1 Banke, who was arrested by 15 policemen deployed from the DPO on 1 August 2004. The same day, the police had his remand extended, and detained him. On August 27, he was released on bail of Rs. 500 following orders of the District Court. However, he was immediately re-arrested by the police upon leaving the compound of the Court. On September 1, the CDO, using the Public Security Act, served a detention order on him for preventative detention, and sent him to Banke prison on the same day.
On October 5, a habeas corpus petition was filed in the Appellate Court, Nepalgunj on Mr Bihari’s behalf. On November 23, the court ordered his release. However, he was again re-arrested from the Court’s court yard and taken by the security forces.
He was again sent to the central prison with the order of preventive detention. A writ of habeas corpus was filed on November 25 challenging this, and the case is still pending in the Nepalgunj court. Meanwhile, Mr Bihar remains in prison.
In the fifth case, Dil Kumar Subba, a 21-year-old student, and permanent resident of Nalbu VDC-4, Taplejung district, was arrested by a group of about seven plain-clothes security personnel on 17 August 2004. He was then taken to the Singhnath Barrack, where he was detained for a week and was beaten everyday. When he was produced before the CDO at Bhaktapur, the latter issued a detention and sent him to Bhadra Bandi Griha, Central Jail, Kathmandu. After three months, he was released. However, they re-arrested him and took him to the same barrack where he was detained for ten days. When he was then produced before the CDO, he was given another detention order sending him to the same jail.
The sixth case involves a 16-year-old child, Jimdar Kewat, and his 50-year-old father, Keshu Ram Kewat, who were arrested from their house in Betahani VDC-5, Banke, on 16 April 2004. The army personnel, who entered their house in the middle of the night, were deployed from Kali Dal Gan (Kalidal Batallion), No. 2 Field, Gulum Fultekra, Nepalgunj, Banke. Following the arrest, they were blindfolded and loaded into an army vehicle and taken to barracks. They were later transferred to the Central Prison, Banke.
A habeas corpus writ was filed on their behalf at the Appellate Court, Nepalgunj, on 1 July 2004. On September 19, the court ruled that the father and son were being detained illegally and issued an order releasing them. When family members arrived at the jail to receive the pair, the Jailor informed them that he had not received any release order papers. The family waited for some time, but still no papers arrived. When the family returned the following day to receive the father and son, they learnt that the two had been re-arrested. The Jailor reported that a team of police had come and arrested them.
The two were served another detention order and currently are languishing in prison.
In the seventh case, 16-year-old Jhurri Teli, a resident of Belhiya VDC-7, Banke district, was arrested by plain-clothes security personnel from Napalgunj Municipality -16, on 9 September 2004. He was then taken to the Western Divisional Headquarters of the Royal Nepalese Army at Imamnagar, Ranjha, Banke in an army vehicle. He was detained in the barrack for a week.
On September 15, he was put in an army vehicle and was taken to the District Police Office, Banke, where he was kept for a night. On September 16, he was taken to the Banke prison and served with a detention order signed by the deputy chief at the District Administrative Office, on behalf of the CDO.
A habeas corpus writ was filed on September 23 with the Appellate Court, Nepalgunj.
On November 28, the court ruled that his detention was illegal and issued a release order. However, Teli was not released. He was taken to a police station then transferred again to the Banke Prison with a preventive detention order under the Public Security Act. A challenge has been mounted against the repeated arrest of Teli, who continues to remain in prison.
In the eighth and final case, Ram Krishna Budha, 19, an a resident of Melchham VDC-6, Humla district, was first arrested by policemen on 30 April 2004 and was lodged in the District Police Office for seven days. The CDO issued his detention order under Section 3.1 of TADO on May 6. Thereafter he was sent to Banke Prison. He was given a release letter on 10 August 2004 under the pretext that he had been released on August 8, despite the fact that he was in jail. Then, another detention order was issued by the CDO on August 11. As usual, he was given a release letter dated November 10 on November 15, when he was still in prison. He was given another detention letter on November 17.
Mr Budha was provided legal assistance and a habeas corpus was filed on his behalf on 16 January 2005. On paper it appears that he was released but detained again. On 20 April 2005, the court found his detention was illegal and ordered his release. However, he was not released, but rather re-arrested and returned to prison again under preventive detention.
SUGGESTED ACTION:
Please send a letter to the following relevant authorities voicing your serious concern regarding this case.
Dear Major General Sharma Thappa,
NEPAL: Re-arrest of Nepalese citizens undermines official court orders and Rule of Law
I write to voice my serious concern for Nepalese citizens re-arrested by security personnel in the country. It is evident from these cases that the practice of re-arrest and the deliberate undermining of court orders is still rife within Nepal. This is a practice that must be stopped immediately.
In the first case involving the re-arrest of citizens in Nepal, twelve people were arrested by the Royal Nepalese Army, detained illegally, but ordered to be released by the Appellate Court, Kanchanpur. However, despite these orders these persons were forced to sign a paper stating that they had been released but were taken away from the prison where they were detained, and have not been seen since.
In the second case, 14 people were abducted by Maoists from Dadeldhura Jogbundha VDC-9 and were told they were being taken to an ‘indoctrination program’ on 17 April 2004. The 14 people are: Bal Bhahadur Dangi, Prem Bahadur Wali, Tek Bahadur Khatri, Man Bahadur Bista, Padam Sarki, Birman Sarki, Lal Bahadur Giri, Bir Bahadur Sarki, Padam Bahadur Budha, Gagan Singh Kuwar, Karna Bahadur Dhami, Dhawal Singh Bohara, and Ujalasingh Dhami.
On the way, the security forces arrested all of them. After their arrest, they were taken to Suryadal Barrack in Kanchanpur. After detaining them for more than seven months in Suryadal Barrack, they were transferred to Kanchanpur prison under preventive detention. Two of those detained (Mr Sita Negi and Karna Dhami) were transferred from that prison, and supposedly transferred to Nepalgunj prison. However, they have not been registered at that jail and their whereabouts remain unknown. On 12 May 2005, the Appellate Court, Kanchanpur, issued released orders for the 12 still detained. However, after the detainees signed papers for their release, they were taken away in a police van parked outside the prison. The Jailor and the Chief District Officer (CDO) stated that they did not know anything about the 12.
In the third case, acting on a habeas corpus writ the Appellate Court, Nepalgunj, ordered the release of 22-year-old Krishna Rawat, detained illegally in Banke Prison under the Public Security Act on 10 may 2005. The court order said that Rawat was detained illegally and should be released in the presence of a district court judge. However, due to time constraints, the release order couldn’t be served to the prison authorities.
The following day, Rawat was taken to the District Court amidst a huge presence of plain-clothes policemen. Instead of releasing him, the police returned him to the District Police Office (DPO), Banke. The victim continues to be detained and denied his right to access to a lawyer.
The fourth case involves Chhail Bihari Loniya, 40, a farmer from Hirminiya VDC-1 Banke, who was arrested by 15 policemen deployed from the DPO on 1 August 2004. The same day, the police had his remand extended, and detained him. On August 27, he was released on bail of Rs. 500 following orders of the District Court. However, he was immediately re-arrested by the police upon leaving the compound of the Court. On September 1, the CDO, using the Public Security Act, served a detention order on him for preventative detention, and sent him to Banke prison on the same day.
On October 5, a habeas corpus petition was filed in the Appellate Court, Nepalgunj on Mr Bihari’s behalf. On November 23, the court ordered his release. However, he was again re-arrested from the Court’s court yard and taken by the security forces.
He was again sent to the central prison with the order of preventive detention. A writ of habeas corpus was filed on November 25 challenging this, and the case is still pending in the Nepalgunj court. Meanwhile, Mr Bihar remains in prison.
In the fifth case, Dil Kumar Subba, a 21-year-old student, and permanent resident of Nalbu VDC-4, Taplejung district, was arrested by a group of about seven plain-clothes security personnel on 17 August 2004. He was then taken to the Singhnath Barrack, where he was detained for a week and was beaten everyday. When he was produced before the CDO at Bhaktapur, the latter issued a detention and sent him to Bhadra Bandi Griha, Central Jail, Kathmandu. After three months, he was released. However, they re-arrested him and took him to the same barrack where he was detained for ten days. When he was then produced before the CDO, he was given another detention order sending him to the same jail.
The sixth case involves a 16-year-old child, Jimdar Kewat, and his 50-year-old father, Keshu Ram Kewat, who were arrested from their house in Betahani VDC-5, Banke, on 16 April 2004. The army personnel, who entered their house in the middle of the night, were deployed from Kali Dal Gan (Kalidal Batallion), No. 2 Field, Gulum Fultekra, Nepalgunj, Banke. Following the arrest, they were blindfolded and loaded into an army vehicle and taken to barracks. They were later transferred to the Central Prison, Banke.
A habeas corpus writ was filed on their behalf at the Appellate Court, Nepalgunj, on 1 July 2004. On September 19, the court ruled that the father and son were being detained illegally and issued an order releasing them. When family members arrived at the jail to receive the pair, the Jailor informed them that he had not received any release order papers. The family waited for some time, but still no papers arrived. When the family returned the following day to receive the father and son, they learnt that the two had been re-arrested. The Jailor reported that a team of police had come and arrested them.
The two were served another detention order and currently are languishing in prison.
In the seventh case, 16-year-old Jhurri Teli, a resident of Belhiya VDC-7, Banke district, was arrested by plain-clothes security personnel from Napalgunj Municipality -16, on 9 September 2004. He was then taken to the Western Divisional Headquarters of the Royal Nepalese Army at Imamnagar, Ranjha, Banke in an army vehicle. He was detained in the barrack for a week.
On September 15, he was put in an army vehicle and was taken to the District Police Office, Banke, where he was kept for a night. On September 16, he was taken to the Banke prison and served with a detention order signed by the deputy chief at the District Administrative Office, on behalf of the CDO.
A habeas corpus writ was filed on September 23 with the Appellate Court, Nepalgunj.
On November 28, the court ruled that his detention was illegal and issued a release order. However, Teli was not released. He was taken to a police station then transferred again to the Banke Prison with a preventive detention order under the Public Security Act. A challenge has been mounted against the repeated arrest of Teli, who continues to remain in prison.
In the eighth and final case, Ram Krishna Budha, 19, an a resident of Melchham VDC-6, Humla district, was first arrested by policemen on 30 April 2004 and was lodged in the District Police Office for seven days. The CDO issued his detention order under Section 3.1 of TADO on May 6. Thereafter he was sent to Banke Prison. He was given a release letter on 10 August 2004 under the pretext that he had been released on August 8, despite the fact that he was in jail. Then, another detention order was issued by the CDO on August 11. As usual, he was given a release letter dated November 10 on November 15, when he was still in prison. He was given another detention letter on November 17.
Mr Budha was provided legal assistance and a habeas corpus was filed on his behalf on 16 January 2005. On paper it appears that he was released but detained again. On 20 April 2005, the court found his detention was illegal and ordered his release. However, he was not released, but rather re-arrested and returned to prison again under preventive detention.
This series of re-arrest of people in Nepal by the army indicates the complete failure of rule of law in the country.
In light of this, I write to you asking for your intervention in these cases. I ask that a full investigation be conducted into each of these cases, so as to determine why these persons were repeatedly arrested. Investigations should also be carried out into the numerous other cases of re-arrest that have occurred in Nepal in recent times. Disciplinary/legal action must be taken against those security forces that have violated the rights of these victims. Finally, I ask that you instruct all army and police personnel to refrain from harassing persons who have been granted release, to strictly abide by court orders, and to stop all attempts to weaken the judiciary and rule of law.
Yours sincerely,
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PLEASE SEND A LETTER TO:
1. 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
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. 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
3. 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
4. Ms Manuela Carmema Castrillo
Working group on arbitrary detention
C/o OHCHR-UNOG,
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
5. Mr. Diego Garcia-Sayan
Chairperson
Working Group on Enforced or Involuntary Disappearances
Att: Ms. Soussan Raadi-Azarakhchi
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
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