Home / News / Urgent Appeals / UPDATE (Nepal): Man re-arrested for a third time as punishment for informing human rights organisations of his situation
 

UPDATE (Nepal): Man re-arrested for a third time as punishment for informing human rights organisations of his situation

December 24, 2004

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal
24 December 2004

[RE: UA-159-2004: NEPAL: Person re-arrested and detained by the security forces despite release orders from the Supreme Court on 22 November 2004]
---------------------------------------------------------------------
UP-84-2004: NEPAL: Man re-arrested for a third time as punishment for informing human rights organisations of his situation

NEPAL:  Re-arrest; Harassment by security forces; Ignoring of court orders by the Royal Nepal Army
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to inform you that Mr Jeewan Shrestha, who we have reported on in the past (UA-159-2004), has been re-arrested for the third time by security forces, as punishment for his informing human rights organisations of the situation he is in.

According to the latest information we have received, Jeewan was arrested by police personnel on 15 September 2004, but was released on 16 November according to Supreme Court orders.  However, he was immediately re-arrested by police personnel upon leaving the prison grounds.  Again, Jeewan was released on 24 November 2004, following Supreme Court orders granting his release, but was told to present himself before the Singhanath army barracks on 15 December.  When Jeewan did this, he was re-arrested again.

The AHRC believes that Jeewan has been re-arrested as punishment for his informing human rights organisations, including ourselves, of the repeated harassment he is enduring at the hands of the Nepali security forces.  If this is indeed true, then we are deeply troubled by what the future holds for Jeewan and his family members.

We ask that you intervene into this matter so that justice can be brought to Jeewan and those security forces responsible for his repeated re-arrests.  Please send a letter to Major-General Sharma Thappa demanding that he intervene into this case and have Jeewan immediately released in accordance with court orders. Please also ask the Government of Nepal to investigate the case and take disciplinary/legal action against those security forces that have violated Jeewan's rights. Finally, please request the Government of Nepal 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)
------------------------------------------------------------

DETAILED INFORMATION:

Name of victim: Jeewan Sharestha, 38 years old, permanent resident of Sankhuwa Sabha District, Wana VDC ward no 1, residing in Kathmandu for some years
Date of arbitrary arrest: On 15 September 2004 by a group of Royal Nepal Army personnel deployed from Singhanath Gan, Suryabinayak, Bhaktapur
Date of re-arrests: 16 November 2004; 15 December 2004.

On 15 December 2004, Jeewan Shrestha was arrested for the third time by a group of personnel from the Royal Nepal Army, deployed from Singhnath Gan, Suryabinaya, Bhaktapur.  This arrest follows two earlier ones where Jeewan was arrested on 15 September 2004, and then again on 16 November 2004, immediately following his release in accordance with Supreme Court orders. 
 
Following his most recent arrest, on 15 December, Jeewan disappeared for sometime within the system, before finally being located by his lawyers in a prison in Nepal.  The first writ of habeas corpus was filed in the Supreme Court of Nepal on 7 October 2004.  The Supreme Court found his detention illegal and issued a release order on 16 November 2004.

On 16 November, Jeewan's lawyer and wife went to the prison to receive him.  There his wife was asked to sign a document, though neither herself nor the lawyer were allowed to witness what was written on the document.  Jeewan was then released, but was immediately re-arrested outside of the prison by a group of police personnel. 

The following day (17 November) a human rights lawyer located Jeewan in the District Police Office Bhaktapur, where they were told that Jeewan had been arrested on the instruction of the army.  At this point, Jeewan disappeared within the system once more, before being found in Singhanath army barracks, Suryabinayak, Bhaktapur.  Another writ of habeas corpus was filed in the Supreme Court on 18 November 2004, and subsequently, Jeewan was released on 24 November.  During his release, Jeewan was told that he must present himself to the army barracks on 15 December.  Accordingly, Jeewan went to the barracks with his wife and a relative, Mr Gopal Shrestha, on 15 December.  At the front gate of the barracks, Jeewan was told to go inside, while his wife and relative were asked to wait.  After some time, Jeewan's wife was told that her husband would in fact be being detained there. 

In a desperate state, Jeewan's wife went back to the barracks the following day (16 December) but was told that she could not access her husband.  Again she went on the third day, pleading for her husband's release.  At this point in time, Jeewan's wife was told that if she appeared before the barracks again, she too would be put inside.  Additionally, Jeewan's wife was accused of filing the case of habeas corpus in the court and for telling her husband's story to human rights groups.

ADDITIONAL INFORMATION:

Since 1996 Nepal has been gripped by a brutal civil war between the state's poorly trained military and police and a retrograde Maoist movement. More than 10,000 Nepalis have died and many more have disappeared, been tortured and/or intimidated. The situation of "law and order" and internal security has deteriorated to near unmanageable proportions. Such a state of affairs reflects the government's inability to ensure the safety and security of its people.

Under the circumstances, security forces have been being re-arrested detainees immediately upon their release by court orders. The immediate re-arrest of detainees is merely serving to weaken, threaten and to humiliate the courts, lawyers, and the victims so that they might refrain from challenging illegal detentions again. The systematic re-arrest of individuals indicates the failure of the judicial system in Nepal as the judiciary is unable to safeguard the authority of its decision or stop the security forces from abusing the legal process by re-arresting individuals freed by the courts.

Significantly, the current practice of re-arrest by Nepal's forces, and certain elements of the revised TADA, are a breach of international humanitarian law (in accordance with Nepal's current state of civil war) and other international laws such as the International Covenant on Civil and Political Rights (particularly in regards to 'right to liberty) to which Nepal is a signatory.

The AHRC calls upon His Majesty's Government of Nepal and Major General Sharma Thappa to make genuine efforts to put an end to the practice of re-arresting persons immediately upon their release. The government must adopt a realistic and sincere approach towards a solution; otherwise, the blind, unnecessary and blatant use of force coupled with the impunity of state security officials will continue to result in further violations of human rights.

SUGGESTED ACTION:
Please send a letter, fax or an email to Major General Sharma Thappa and ask him to take immediate action into this case.

Sample letter:

-----------

Dear Major General Sharma Thappa,

Man re-arrested for a third time as punishment for informing human rights organisations of his situation

Name of victim: Jeewan Sharestha, 38 years old, permanent resident of Sankhuwa Sabha District, Wana VDC ward no 1, residing in Kathmandu for some years
Date of arbitrary arrest: On 15 September 2004 by a group of Royal Nepal Army personnel deployed from Singhanath Gan, Suryabinayak, Bhaktapur
Date of re-arrests: 16 November 2004; 15 December 2004.

I am writing to you to express my deep concern regarding the third arrest of a man by Nepali security forces, despite the Supreme Court issuing orders to have him released.

I am gravely concerned by this further attempt by the army to weaken the judiciary by refusing to observe court orders issued by the Supreme Court. According to the information I have received, Jeewan Sharestha remains detained at the Singhanath army barracks, despite a Supreme Court order granting his release. The repeated arrest and harassment of this man, is unjustified and illegal. 

I am aware that recent reports have suggested that his third arrest comes by way of punishment for his informing human rights organisations of the situation he is in.  This is a highly inexcusable response by the Royal Nepal Army who violated this man's rights in the first instance, and are now violating them further, as punishment for his speaking out.  Had they carried out their duties in full accordance with the rule of law in the first place, then it would not have been necessary for Jeewan to report their actions.

For the last several months, many cases have been reported regarding repeated attempts to weaken the judiciary by the army and the police by re-arresting released people in violation of court orders, and illegally detaining them for prolonged periods of time. From all accounts, the government of Nepal has only served to support such practices through its newly introduced Terrorist and Disruptive Activities (Control and Punishment) Ordinance.

I strongly urge you to take immediate action to release Jeewan Sharestha according to the latest court order issued on 24 November 2004. I urge you to investigate this case, together with those that have occurred in the past and take disciplinary/legal action against those police 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. Such measures are the only course of action you can take, if you are to show your commitment to Nepal's human rights and the protection of rule of law.

Yours sincerely,


------------------

PLEASE SEND A LETTER TO:

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 A COPY 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 Program
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-84-2004
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.