Follow up to case NPL 080206_Release and impunity

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Nepal.

New Information

The International Secretariat of OMCT has been informed by the Informal Sector Service Center (INSEC), a member of the SOS-Torture network, that the 29 persons, who were arrested along with Mr. Primatan Bahadur Gurung on 13 January 2006, were released a week later after their arrest. However, as regards Mr. Gurung’s death, no investigation was launched by the relevant authorities and no compensation provided to the family accordingly.

OMCT welcomes the release of the 29 persons. However, OMCT is gravely concerned that no investigation has been launched into the death of Mr. Gurung.

Reminder of the situation

According to the information received, Mr Pritam Bahadur Gurung was arrested along with 29 other people of the village development committee of Manakamana, Syangja district. Security forces arrested the 30 individuals after an incident of cross firing between security forces and Maoists on 12 and 13 January 2006. Mr. Gurung was released in the afternoon of the following day. During his detention, he was allegedly beaten and kept in a cold bunker the whole night. It is worth noting that Mr. Gurung suffered from asthma. After his release, Mr. Gurung was brought by his son and neighbours to the Gandaki Zonal Hospital for treatment.

On 29 January 2006, a fact-finding team from the Human Rights Treaty Monitoring Coordination Committee (HRTMCC) met with Mr. Gurung, who died an hour later, allegedly due to the bad conditions of his detention.

The International Secretariat has no additional information about the 29 other suspects.

Action Requested

Please write a letter to the authorities in Nepal urging them to:

1. Order a thorough and impartial investigation into the death of Mr. Gurung, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
2. Guarantee that adequate compensation is awarded to Mr. Gurung’s family;
3. Guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Home Minister Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211229, Fax: 97714211232 Email: moha@wlink.com.np
• Mr. Baman Prasad Neupane, HR Cell, Government of Nepal Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1 4 211 205/ 97714211206 Fax: +977 1 4211266
• Yagya Murti Banjade, Attorney General, Office of the Attorney General, Ramshahpath, Kathmandu, Nepal, Fax : +97714262582, Email : attorney@mos.com.np
• Lt.Colonel Dharma Baniya, Chief, Nepal Army, HR Cell, Army Headquarter, Bhadrakali, Kathmandu, Nepal, Tel: +977 1 4 245 020 / +977 1 4 238 219, Fax: + 977 1 4 245 020, E-mail: humanrights@na.mil.np
• IGP Om Bikram Rana, Chief, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 737 / +977 1 4 412 732, Fax: +977 1 4 415 593. Email : phqigs@nepalpolice.com.np
• SSP Manoj Kumar Shah, HR Cell, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal PO. Box. No.: 407, Tel: +977 1 4 411 618 Fax : 9771415593 E-mail: hrcell@nepalpolice.gov.np
• Ambassador Acharya, Gyan Chandra, Permanent Mission of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
• Ambassador Thata Yarayan, Embassy of Nepal in Brussels, Brugmannlaan 210, 1180 Brussels, Tel: +32 2 346 26 58 / 2 346 66 38, Fax: +32 2 344 13 61, E-mail: rne.bru@skynet.be

Please also write to the embassies of Nepal in your respective country.

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Geneva, 13 February 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.