NEPAL: Latest information on the situation in districts in Nepal

URGENT APPEALS-GENERAL URGENT APPEALS-GENERAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

11 February 2005
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UG-01-2005: NEPAL: Latest information on the situation in districts in Nepal

NEPAL: Urgent need for intervention of international community
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Dear friends,

The Asian Human Rights Commission (AHRC) is sending you the report which includes latest situation in districts in Nepal. The report includes the information up to 10 February 2005 since the 2005 February 1 coup d'ètat by the king. The AHRC observed that many political leaders, student activists, human rights activists and journalists have been arrested by the security forces. 

We also refer you to see our statement issued on the recent situation in Nepal:

- AS-15-2005: Nepal: International community needs a strategy: Coup wiping out Nepali democracy is consolidating itself; life and liberty of many is at risk
- AS-13-2005: February will be a chilling month for Democrats, Human Rights Workers and Media in Nepal

If you have any question, please do not hesitate to contact us.

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

1. Biratnagar District

27 people are identified as being arrested (see below Annex 1). So far the security forces are targeting political party leaders and student leaders. One of the lawyers named Kalyan K.C, a member of executive committee of district unit of Nepal Bar Association, was also arrested on 1 February 2005.

More than two dozens lawyers had a meeting at Bar Association on February 2 and decided to file a writ of habeas corpus on behalf of those arrested and detained illegally.

On February 4, on behalf of Kalyan K.C, the bar association filed a writ of habeas corpus. 66 lawyers were appointed (filling Wakalatnama, initially 62 raised to 66 later on) as K.C' s lawyers. The appellate court issued a show cause order against the opponents (District Police Office and Chief District Officer (CDO)'s office).

Besides, immediately after the writ of habeas corpus was filed for the arrested political activists, but all of them were given preventive detention orders under Public Security Act (PSA).

The AHRC has learned that those arrested have been detained in Deputy Inspector General (DIG)'s office. They are not allowed to visit their family members and lawyers. Only in two cases, wives were allowed to see their husbands from distance.

On February 8, there was a hearing in the appellate court regarding illegal detention of the arrested people. Lawyers arguments were focused on two issues: Firstly even the arrested receive detention orders their whereabouts should be made public, and the authorities must allow the detainees' lawyers and family members to visit them. Secondly, the authorities have to prove the need of their detention. However, the writ was quashed.

It was also reported that a person named Sagar Thapa (from the list of 27 arrested) was released on February 4 from the District Police Office with the order that he would restrict his mobility and would not participate in any other political activities. It is reported that he is suffering from Jaundice.

The AHRC received information that the phone calls are also tapped by the local authorities. For instance, when a human rights activist (name withheld) called one of his colleagues, after a while, he received a phone call from an unknown person who told him, "I am calling from Nepal Telecommunication Office. You just spoke with this man, right?" In another incident, a political activist in Morang also received a call from the telecommunication office after he made a phone call. He was asked why he made such a long phone call.

Besides, we were informed that a rally was called by an organization in favor of the royal proclamation. 15 schools of Biratnagar were asked to send their students for the rally. 5 school administrations sent their students while 10 school administrations did not. In the evening, staff of those schools which did not send their students were called by the District Education Office saying that they will be taken action for this.

Offices of political parties are more or less close.

Immediately after the Royal Proclamation on February 1, the security forces stationed in the offices of the media houses and FM stations such as Saptakosi FM station, Koshi FM station.  Kantipur and Nepal Samachar Patra's, CT cable office were also visited by the security forces. Local papers have stopped publishing the papers since then. Army went to Koshi FM again and threatened the reporters stating that why they broadcasted the news of a ban called by the Maoist.

On February 6, the CDO called most of the Biratnagar-based journalists and told them that they could publish newspapers only with condition of censorship by the local authorities. He also ordered journalists not to publish any news against the spirit of the royal proclamation. He also told Journalists to bring their news texts (articles) to CDO office before the publication everyday. Under these circumstances, no newspapers have been published yet.
 

NEWS FROM THE DISTICTS OF EASTERN REGION

1. Sunsari District

The AHRC has learned that the army in uniform regularly comes in front of the Centre for Community and Social Awareness (CICSA), human rights NGO in Sunsari, Inawara, and stay there for a while. We believe that is for the purpose of surveillance.

The AHRC have learned that there was a case of extra-judicial execution in Dharan. Although, Nepal TV reported the person named Kabiraj Rai was killed during an encounter, the AHRC revealed that Kabiraj Rai was in fact arrested by the security forces some time ago and detained in the army barrack. (Detail information in this matter will be provided soon).

Arjun Upreti, a journalist of Saptakoshi FM was arrested by the security forces on February 1 and was later released only when all the journalists of Sunsari went Eastern Pritana Head Quarter to appeal for his arrest.

It is also reported that on February 8, the editor of Blast local daily was called by Chief of Mid-west region Pritana Headquarter of Army, Mr. Pradeep Pratap Bam Malla and questioned why he is publishing the newspaper, as Blast was being published again from February 7. Mr. Malla allegedly told the editor not to publish the newspaper.

On February 9, four politicians have been arrested and detained by the security forces. They are Manoj Kumar Miyangbo (former Mayor Dharan Municipality), Murari Subedi (Regional member of DDC), Raj Kumar Rai, and Pradeep Bhandari (Member secretary, municipality).

Some people said that the security forces have a list of political activists and human rights activists. However, no information is available to verify it yet.

2. Saptari District

16 people have been identified as being arrested (see Annex 2) in Saptari. It is reported that the actual number of the arrested is high (30 or 35), but only 16 persons were identified up to now and we are trying to identify other arrested people. Mostly the arrested people are political leaders and student leaders.

Former Minister for Supply and Industry Mr. Ishwor Pokharel was arrested. After being arrested, he was detained in Rajbiraj Prison but on February 7 he has been transferred to the Superintendent of Police (SP)'s office. All other arrested have been detained in prison. It was reported that they received preventive detention order under PSA.

Prakash Katiwada, the secretary of a human rights organization named HUSEC was also arrested February 1. He was released after couple of hours.

Local weekly newspaper 'Satyapan' were seized by a group of army personal on February 7. It was reported that its editor was asked to sign a paper stating that he would not publish the papers without the permission of the security forces.

3. Siraha District

Papers are not allowed to publish.

The AHRC was informed that a local human rights organization named Nepal Welfare Society (NWS) was visited by the security forces on February 5. On that day, the police came to the NWS's office. When they found that the office was closed. On February 6, an army major and some other came to the NWS's office again and questioned about the organization's programs and activities, etc.

4. Udaypur District

Udaypur is still closed as the Maoist has called Udaypur Band for infinite period of time. It has been closed for about two weeks.  No news available.

5. Jhapa District

On February 7, a group of local journalists visited Charali Army Barrack with the request to allow them to publish their paper. However, an army officer (Pramuk Senani) Suresh Karki threatened them that he would put a socket bomb into their pocket and arrested them. They then were ordered to go back.

6. Panchathar District

It was reported that a human rights organization named HUCODEC is under surveillance, so its staffs left their houses and are in hiding in other places.


NEWS FROM MID-WEST REGION

Sushil Koirala, a central committee member of Nepali Congress (NC) has been arrested in Nepalgunj and detained in the district police office. No one is allowed to visit him.

Nanda Bhandari, a lawyer of Surkhet district has been arrested and detained in Surkhet.

The AHRC was also informed that on February 5, a suspected Maoist blasted a bomb in Gharbaritole of Nepalgunj which made 12 people injured. Five of them were below the age of 18. After the incident, the security force killed one person and arrested Birendra Kumar Jaisawal. Dead body has been put in Bheri Zonal Hospital but no one has come to claim the body. Mr. Jaisawal was released next day but does not talk to anyone about his detention and treats by the security forces due to fear.

Those injured have been receiving medical treatment in Bheri Zonal Hospital.
Those injured are follows:

1. Dharmendra Soni, 18 years old, resident of Gosaigaun, Nepalgunj, Banke
2. Sunil Kausal, 26 years old, resident of Tribhuwanchock, Nepalgunj, Banke
3. Bijaya Jayasawal, 25 years old, resident of Tribhuwanchock-14, Nepalgunj, Banke
4. Uttam Gupta, 30 years old, resident of Gallamani-15, Nepalgunj, Banke
5. Jahid Husen, 18 years old, Bramhakumari Road-8, Nepalgunj, Banke
6. Dambar Nepali, 18 years old, resident of Chinchu-8, Surkhet, now working at New Globe Tailoring Centre, Tribhuwan chock, Nepalgunj, Banke
7. Mohamad Hasib Kha, 20 years old, resident of Bramakumari road -8, Nepalgunj, Banke
8. Ramesh Kumar Hanuwai, 50 years old, resident of Tribhuwan chock-14, Nepalgunj, Banke
9. Deepak Lodh, 30 years old, resident of Nepalgunj -4, Banke
10. Sonu Sharma, 30 years old, resident of Nepalgunj -10, Banke
11. Irsad Safik, 13 years old, resident of Piprhawa VDC-9, Suiya, Banke
12. Bablu Kahar, 17 years old, resident of Nepalgunj-11, Ghasiyaran tole

On February 5, Saturday Nepalgunj (headquarter of Banke district, mid west region) was closed as the Maoist had called four-day (February 2 to 5) Nepalgunj Ban. However, the security forces started forcing businessmen to open their shops and the market. In some shops they broke the locks. It was started from the morning.

The AHRC further received information that on February 9, people representing most of the local human rights organizations including the regional office of the national human rights commission and local journalists were invited for lunch by the Chief of Mid-Western Pritana, Mr. Deepak Bikram Malla. During the lunch, Mr. Malla told the participants that certain rights have been suspended due to royal proclamation. Mr. Malla also requested human rights activists and journalists to support security force by speaking about the violations committed by the Maoist. Mr. Malla also said that the army would "support" their fact-findings visit.

Lawyer named Nanda Bhandari was arrested on February 3 in Surkhet and was detained in District Police Office Surkeht. He received a preventive detention order under PSA.

Besides, another lawyer Lokraj Panta (50) was also arrested by the security forces from his house. It was reported that he sued to follow-up the cases of habeas corpus in the court.

The AHRC was also learned that the security forces bombed Abalasing of Surkhet from the helicopter as a Maoist's women's wing reportedly was organizing a program there. Due to this bombing, two persons, Sushila Rana and another person were killed and 48 persons were injured. We will provide further information soon.


NEWS FROM FAR-WEST REGION

21 people including a former minister Tarani Dutta Chataut of NC were arrested on 1 February 2005 (see Annex 3 for the list of those arrested). Most of them were arrested during the protest rally on the same day. They were kept in district police office for three days and were sent to Kanchanpur prison. Offices of the political parties are more or less close. Many political leaders and students leaders went underground. 

Khem Bhandari, a journalist of local dailies Aviyan was arrested on February 5 and was released next day with the condition that he would not publish and write anything against the spirit of the royal proclaimation and would report to the district police office every week. Furthermore the papers were asked to come to the district police office with the text of their papers every day before sending to the press.

Offices of other human rights organizations have also been closed.

Some detainees were taken away from the prison and we fear that they might be disappeared. Authority said that some of them were transferred to Nepalgunj and others were transferred to Kathmandu. Please see Annex 4 for the list of those taken away from prison.

151 prisoners were escaped from Dhangadi prison on the night of February 10. According to our source, there were 168 prisoners in Dhangadi prison in total from which 14 did not escape and  the three returned back while 151 did escape. Following the incident there were cross-fire between the security forces and the Maoist which has claimed the life of five security forces and one Maoist.

The AHRC notice with grave concern that followed by the jail break, one prisoner was killed by the security forces and many of the prisoners who have been taken away were accused for aiding escaped prisoners.

The AHRC was also informed that many villagers of Banbasa went to India crossing the border line and is asking for asylum to Indian local authorities.


NEWS FROM WESTERN REGION

Incidents in Prithibi Narayan Campus, Pokhara

** There are many rumors about the Pokhara incident. The AHRC provides you the preliminary report of the incidents prepared based on the reliable source. 

On 1 February 2005 after the Royal Proclamation, the students of Prithibi Narayan Campus, Pokhara organized a programme in the campus to denounce the move taken by the king. The security forces then surrounded the campus while the programme was being conducted inside. When student saw the security forces, they started shouting anti-monarch slogans and the security forces opened the tear gas on the students. This made the student got angry and they started throwing stones and bricks to the security forces. The security forces then entered into the campus and opened firing on the students. A student of Intermediate Level named Geeta K.C was injured and fell down and the security force took her to hospital. Some others were arrested and the situation was taken into control by the security force. After a while the security force also left.
 
At about 8:30 on the same day, the security forces came to the campus hostel and arrested 56 students. During the arrest, the secretary of the student union district committee, Mr. Dilip Neupane was severely assaulted. After their arrest, they all were taken to Fulbari army barrack where they were beaten up randomly by the boots and the wooden sticks all over their bodies. They were blind folded and their hands were tied back when they were beaten up. They were also forced to sit in a trench for whole night. Next day all of them were released in the presence of the campus chief, Mr. Dil Bahadur Chettri. 58 students were arrested in total including two ladies who were arrested from the hospital while they went to visit their injured friend Geeta. The security forces took photos of the arrested students and recorded their personal details before releasing them.


[Annex 1]

Name list of those arrested and detained in Biratnagar

[Annex 2]

Name-list of those arrested in Saptari District

[Annex 3]

Name list of those arrested in Kanchanpur

[Annex 4]

Prisoners taken away from Kanchanpur Prison

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)