GENERAL APPEAL (Nepal): Immediate intervention required in Nepal’s deepening political, security and human rights crisis 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to voice our grave concern for the allegations of human rights violations in relation to the repression of demonstrations in Nepal’s deepening political, security and human rights crisis.

On 19 January 2006, the AHRC issued a statement (AS-008-2006: NEPAL: Human Rights defenders targeted – over a hundred persons arrested in a serious escalation of repression in Nepal) detailing the arrest of over 100 political leaders and human rights activists earlier that day. The statement also reported that the homes of a number of prominent human rights defenders were said to have been visited by the security forces and that the country’s land lines and mobile phones had been cut off in a reminder of the methods used during the disastrous royal take-over nearly one year ago.

The crack-down was launched the day before large-scale demonstrations were to be held, on January 20, to protest against the illegitimate government’s attempt to dupe the international community into thinking that Nepal is taking a democratic course through fraudulent municipal elections, set for 8 February 2006. The authorities in Nepal continue to repress the country’s people and violate the gamut of human rights under the false pretext of security issues. There have been several opportunities to improve security, engage with the Maoist insurgents and move towards peace, notably during the recent Maoist cease-fire, that have been spurned by the King and his acolytes. There has not been a single action of note that gives credence to the possibility that the King and his government are in any way interested in resolving the conflict, improving security and protecting the people of Nepal. To use security as a pretext for measures that can only reduce the security of the people of Nepal is as flagrant and cynical as it is criminally dangerous.

The Office of the United Nations High Commissioner for Human Rights (OHCHR) in Nepal has denounced the government’s actions and stated that the alleged suspicion of Maoist infiltration in the planned demonstrations, called by the alliance of seven political parties, to denounce the King’s arranged municipal elections cannot justify the harsh measures being used to clamp down on democratic protests.

The targeting of human rights defenders, the AHRC noted, was a particularly worrying development. The AHRC stated that is was gravely concerned that detainees would be subjected to torture or forced disappearance, as these are systematic practices in Nepal.

On January 20, the day of the proposed demonstrations, the AHRC again issued a statement (AS-009-2006: NEPAL: The imposition of a day-time curfew and further arrests in the deepening crisis in Nepal) concerning the events of that day and the deteriorating human rights situation in Nepal. The statement provided information concerning the capital and various regions in Nepal, on a day of further repression of legitimate political protests in the country.

In Kathmandu, it was reported that a curfew was imposed from 8am and was scheduled to last until 6pm. Given that the security forces were given the authority to shoot to kill persons during the curfew hours and owing to the continuing disruption of mobile phone services, the planned large-scale pro-democracy rallies were too dangerous to hold in Kathmandu. Reports indicated that the Nepal Sadbhawana party organised the small rally in Sundhara before the curfew in the morning. As a result, at least two dozen demonstrators were arrested.

More than two dozen students were arrested and around six of them were injured in the process in Surkhet. The security forces reportedly entered the premises of Surkhet Education Campus at 7.30am and arrested the students. During the arrest, security forces charged the students using Latthi’s (sticks). There were also several clashes between students and security personnel in front of the Birendra Multiple College of Surkhet and some seven students were arrested from there. The arrested students were detained in the District Police Office in Birendranagar. After the clashes, a large number of army personnel mobilised in the Bazaar Area.

In Nepalgunj no persons were arrested despite a peaceful demonstration having taken place, in which some 500 people participated.

Reports indicated that between 14,000 and 15,000 peaceful demonstrators marched in Birtamod, Jhapa and assembled in one place. No one was arrested and speeches were conducted in a peaceful way.

In the Western region, the AHRC received reports that there were clashes between the police and demonstrators in several places including Nawalparasi, Sangja, Chitwan and Palpa. In Butwal a motorcycle rally was attended by around a dozen persons, who were arrested.

In an updated statement issued by the AHRC on January 22 (AS-010-2006: NEPAL: over 200 persons arrested, including allegations of beatings and arbitrary detention orders, in the continuing crisis in the country) it was revealed that over 200 persons were arrested after thousands took to the streets on January 21. Following the disruption of the large-scale demonstrations that had been planned by the seven-party political opposition alliance for January 20, thousands of protestors reportedly took to the streets of Kathmandu on January 21. The demonstrations on that day were held in the New Road and Basantapur areas in central Kathmandu, in defiance of the anti-constitutional, total ban on peaceful demonstrations that the government had launched earlier in the week.

The police reportedly intervened to break up the demonstration in the afternoon in Basantapur, as thousands of persons converged on the venue for the gathering. Dozens of demonstrators were injured along with some policemen in the clash that ensued. Dozens of leaders and activists, thought to number over 200, were reportedly arrested. A list of the names of those detained is attached (list – please see end of statement). We are unclear as to who amongst this list may have already been released, but we are aware that many still remain in detention. The police charged the demonstrators using batons and fired tear-gas shells to disperse the crowd in the New Road and Basantapur areas. The Armed Police Force and the Royal Nepalese Army were also deployed.

AHRC is gravely concerned for the personal integrity of all persons being detained. It considers these detentions illegal, coming as they do as the result of an illegal ban on demonstrations. AHRC is particularly concerned for those persons who were injured during the crackdown on the demonstrations and subsequent arrests. Initial reports indicate that the conditions in which the demonstrators are being detained are for the most part acceptable, although there are reports of inhuman conditions of detention in No. 2 Police Batallion in Maharajgunj, where detainees are being kept in a silo with a corrugated iron roof and only receiving rice infected with fungus to eat and dirty water to drink. Access to detainees by their families, lawyers, human rights monitors and doctors remain a concern, although it is alleged that some visits have already been possible. However, a number of human rights organisations have also been blocked from visiting the detainees.

A further concern is that a number of persons arrested on previous days have been issued with preventive detention orders under the Public Security Act (PSA). These detention orders cannot be seen as preventive, but rather as punitive actions. Furthermore, the allegations upon which these detentions are based are reportedly ill founded.

The AHRC remains concerned by the deepening crisis in Nepal and the desperate measures, such as the curfew and ban of demonstrations, being used by the authorities in order to scupper the democratic movement in the country. Of particular concern are the targeting of human rights defenders, along with political leaders and journalists, and the arbitrary use of preventive detention orders.

The AHRC once again reiterates its call for the King to immediately release all persons arrested and detained for “infringements” of the disproportionate curfew and anti-constitutional ban on demonstrations, for these draconian measures to be repealed, and for the demonstrations not only to be allowed to proceed unhindered but for their demands to be heeded, enabling a truly democratic process to take place in Nepal.

In line with our concerns, we ask that you too write to the relevant authorities both inside and outside of Nepal seeking their intervention in this very serious matter. Without pressure on those authorities to bring about change in Nepalese society, the country will only continue to plunge further into crisis.

Urgent Appeals Programme
Asian Human Rights Commission
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