Nepal
25.10.04
Urgent Interventions
Nepal : Adoption of New Anti-Terrorist Ordinance, Aggravation of the Implication of Security Forces in the Enforced Disappearance of Civilians
PRESS RELEASE
Nepal : Adoption of New Anti-Terrorist Ordinance Risks to Aggravate the Implication of Security Forces in the Widespread Enforced Disappearance of Civilians
The World Organization against Torture (OMCT) wishes to express its deepest concern over the fact that a new anti-terrorist ordinance – The Terrorist and Disruptive Activities (Control and Punishment) Ordinance 2061, has granted ever larger discretion to security officials in conducting arrests and detentions. In particular, clause 9 of the Ordinance extends the powers of the security officials to keep suspects of terrorist activities under arrest as long as one year without judicial control.
According to information received from Asian Human Rights Commission (AHRC), this new ordinance intervenes at a moment when enforced disappearance of civilians is occurring on an alarmingly widespread scale across the country. According to the information received, a large number of enforced disappearances of civilians, including women, men and children have been reported, these cases mostly having taken place in villages and places outside Kathmandu. The National Human Rights Commission of Nepal has registered at least 1430 cases and the AHCR is in possession of the details of 925 cases among them. AHRC reports that the actual figures seem to be much more important, since according to persons involved in human rights activities in Nepal, including the external monitoring bodies, the registered cases represent but a small portion of the totality of the cases that have actually occurred across the country.
The AHRC has confirmed the information according to which the Royal Nepal Army and the Communist Party of Nepal-Maoist (CPN-M) are both responsible for the enforced disappearances, although most cases are to be attributed to the Army.
Security officials involved in such violations of fundamental rights of civilian population have never been held responsible for their deeds. The systematic impunity they have been benefiting from annihilates any probability of addressing human rights violations committed by them through the justice system. In such circumstances, the extension of the security officials’ powers by the introduction of a more strict and repressive ordinance amounts to emboldening the latter to persist with violating the fundamental rights of the population on such a large scale.
OMCT deplores the issuing of this new ordinance and urges the authorities in Nepal to take all measures necessary to stop the mounting wave of enforced disappearance of civilians and to put an end to the impunity the perpetrators are benefiting from ; to launch an immediate investigation to determine the whereabouts of all disappeared persons and to immediately release the victims; to reconsider the substantial extension of security officials’ powers as sanctioned by Terrorist and Disruptive Activities (Control and Punishment) Ordinance – 2061 and to ensure that adequate guarantees exist against the arbitrary use of power by these officials and to order a thorough and impartial investigation into the disappearance cases, in order to identify the perpetrators, bring them to trial and apply the penal, civil, and/or administrative sanctions provided for by law.
Geneva, 25 October 2004
Contact OMCT: 022 8094939
Nepal : Adoption of New Anti-Terrorist Ordinance Risks to Aggravate the Implication of Security Forces in the Widespread Enforced Disappearance of Civilians
The World Organization against Torture (OMCT) wishes to express its deepest concern over the fact that a new anti-terrorist ordinance – The Terrorist and Disruptive Activities (Control and Punishment) Ordinance 2061, has granted ever larger discretion to security officials in conducting arrests and detentions. In particular, clause 9 of the Ordinance extends the powers of the security officials to keep suspects of terrorist activities under arrest as long as one year without judicial control.
According to information received from Asian Human Rights Commission (AHRC), this new ordinance intervenes at a moment when enforced disappearance of civilians is occurring on an alarmingly widespread scale across the country. According to the information received, a large number of enforced disappearances of civilians, including women, men and children have been reported, these cases mostly having taken place in villages and places outside Kathmandu. The National Human Rights Commission of Nepal has registered at least 1430 cases and the AHCR is in possession of the details of 925 cases among them. AHRC reports that the actual figures seem to be much more important, since according to persons involved in human rights activities in Nepal, including the external monitoring bodies, the registered cases represent but a small portion of the totality of the cases that have actually occurred across the country.
The AHRC has confirmed the information according to which the Royal Nepal Army and the Communist Party of Nepal-Maoist (CPN-M) are both responsible for the enforced disappearances, although most cases are to be attributed to the Army.
Security officials involved in such violations of fundamental rights of civilian population have never been held responsible for their deeds. The systematic impunity they have been benefiting from annihilates any probability of addressing human rights violations committed by them through the justice system. In such circumstances, the extension of the security officials’ powers by the introduction of a more strict and repressive ordinance amounts to emboldening the latter to persist with violating the fundamental rights of the population on such a large scale.
OMCT deplores the issuing of this new ordinance and urges the authorities in Nepal to take all measures necessary to stop the mounting wave of enforced disappearance of civilians and to put an end to the impunity the perpetrators are benefiting from ; to launch an immediate investigation to determine the whereabouts of all disappeared persons and to immediately release the victims; to reconsider the substantial extension of security officials’ powers as sanctioned by Terrorist and Disruptive Activities (Control and Punishment) Ordinance – 2061 and to ensure that adequate guarantees exist against the arbitrary use of power by these officials and to order a thorough and impartial investigation into the disappearance cases, in order to identify the perpetrators, bring them to trial and apply the penal, civil, and/or administrative sanctions provided for by law.
Geneva, 25 October 2004
Contact OMCT: 022 8094939