Nepal
19.02.04
Urgent Interventions
Nepal: arbitrary arrest and forced disappearance of five individuals
Case NPL 190204
Arbitrary arrest and detention / Forced disappearance
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by INSEC, a member of the OMCT network, of the arbitrary arrest and forced disappearance of five individuals, Raj Kishor Sah, Ram Dayal Mahato, Rupak Adhikari, Devi Prasad Dhungana, and Prakash Dhungana, by security personnel in the Mahottari, Dhanusha, Chitawan, and Nuwakot Districts in Nepal.
According to the information received, five individuals have been subjected to arbitrary arrests and forced disappearances in four independent cases by security personnel in the afore-mentioned districts in Nepal. OMCT is gravely concerned by the grave human rights situation in the country, which has seen widespread arbitrary arrests, torture, forced disappearance and extra-judicial executions of individuals. This occurs against the background of the ongoing armed conflict between the Nepalese authorities and the rebel Communist Party of Nepal (CPN) (Maoist) forces, which resumed on 27 August 2003, following the breakdown of a cease-fire. The reasons for the arrest and present locations of the victims remain unknown in each of these cases, giving rise to serious concerns for the personal integrity of these persons.
According to the information received, Raj Kishor Sah, a 40 year-old political worker in Sarpallo VDC-4, Mahottari District was arrested by plain clothed security personnel from Sarpallo VDC-4 Bichilla Chowk, Mahottari at 5:30pm on 15 February 2004. According to an eye witness (Sagir Nahaf, Sarpallo VDC-5, the ex-Chairman of the VDC), Raj Kishor was arrested by ten security personnel riding 5 motorcycles, who forced him to sit on the motorcycle and took him south, towards the Jaleshwor District headquarters. The victim's family has asked the District Police Office to locate his whereabouts, but they have not done so.
Separately, Mr. Ram Dayal Mahato, a 45 year-old resident of Singyahi Madan VDC-4, Dhanusha District and a former activist of CPN (UML), was reportedly arrested by plain clothed members of the police from Singyahi Madan VDC-3, Dhanusha at 7.00 AM on 12 February 2004. According to a testimony by the victim’s son, Arun Kumar Singh, police personnel arrested Mr. Ram Dayal Mahato, searched his house, and then took him on foot to the Area Police Office, Khajuri, Dhanusha. He was kept there that day, but the reasons for arrest and his current whereabouts remain unknown.
Another case of forced disappearance case involves Rupak Adhikari, a 20 year-old student and resident of Pithuwa VDC-9, Chitawan District, who was reportedly arrested by plain clothed security personnel from Narayan Gopal Chowk, Maharaj Gunj, Kathmandu on 21 October 2003. According to his uncle (Arjun Prasad Adhikari), he was returning to his room at Maharaj Gunj from a relative's home at Koteshwor, Kathmandu and is thought to have been arrested at Bhairav Nath Gan, Maharaj Gunj. The reason for his arrest and his whereabouts remain unknown nearly four months later. It is important to note that the victim had previously been arrested by security personnel on 1 December 2001 and was later released on 26 February 2003.
Finally, two persons from the Kumari VDC-4, Nuwakot District, Devi Prasad Dhungana, a 21 year-old goat trader and Prakash Dhungana, a 22 year-old farmer, have reportedly been arrested by two plain clothed security personnel from Kalanki-14, Ring Road, Kathmandu at 3.00 PM on 29 Jan 2004. According to an eye witness (Parshu Ram Basnet), the victims were arrested by members of the security forces at a goat market near the Ring Road, Kalanki and were forced to leave with them. Relatives and other eyewitnesses saw them taken to a petrol pump about 200 metres from the goat market. While arresting them, security personnel also reportedly threatened the eye witness after he had questioned them on why these persons were being arrested.
The following day, Devi Prasad Dhungana was reportedly seen in front of the Agriculture Development Bank, Balaju taking tea by his uncle Hari Prasad Dhungana. The next day (31 January), Prakash's younger brother saw him at the same place but he did not say anything. When the brother began to speak to him, a plain clothed person threatened him, telling him not to return. On the same day, relatives saw him at Kalanki but again he could not speak to them. It is reported that the security forces have confiscated Devi Prasad Dhungana’s account-book o and NRs. 50,000. The victims' families have looked for them at the army barracks at Lagankhel Lalitpur, Bafal Kathmandu and Chhauni Kathmandu, but have not been able to gain information on the reasons for their arrest and their current whereabouts.
The International Secretariat of OMCT is gravely concerned by these cases of arbitrary arrest and subsequent forced disappearance, and fears for the physical and psychological integrity of Raj Kishor Sah, Ram Dayal Mahato, Rupak Adhikari, Devi Prasad Dhungana, and Prakash Dhungana, as the are at risk of being subjected to ill-treatment, torture and/or extra-judicial execution during this time. OMCT calls for the Nepalese government to immediately locate these persons, to guarantee their personal integrity at all times and to order their immediate release in the absence of legal charges that are consistent with international law and standards. Furthermore, OMCT calls on the authorities to immediately launch thorough and impartial investigations into these cases, in order to identify those responsible, bring them to justice, and award adequate compensation to the victims.
Action requested
Please write to the authorities in Nepal urging them to:
i. immediately locate the whereabouts of Raj Kishor Sah, Ram Dayal Mahato, Rupak Adhikari, Devi Prasad Dhungana, and Prakash Dhungana;
ii. take all measures necessary to guarantee their physical and psychological integrity;
iii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of these arrests and forced disappearances, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee that adequate reparation is provided to the victims of these abuses;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Prime Minister Surya Bahadur Thapa, Prime Minister's Office, Singha Durbar, Kathmandu, Nepal, Fax:+ 977 1 4 227 286
· General Pyar Jung Thapa, Chief of Army Staff (COAS), Army Headquarters, Kathmandu, Nepal, Fax + 977 1 4 242 168
· Deputy Brigadier General Nirendra Prasad Aryal, Head, Army Human Rights Cell, Army Headquarters, Kathmandu, Nepal, Fax: + 977 1 4 226 292/ 229 451
· Ambassador, Acharya, Gyan Chandra, Permanent Mission of the Kingdom of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
Please also write to the embassies of Nepal in your respective country.
Geneva, February 19th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest and detention / Forced disappearance
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by INSEC, a member of the OMCT network, of the arbitrary arrest and forced disappearance of five individuals, Raj Kishor Sah, Ram Dayal Mahato, Rupak Adhikari, Devi Prasad Dhungana, and Prakash Dhungana, by security personnel in the Mahottari, Dhanusha, Chitawan, and Nuwakot Districts in Nepal.
According to the information received, five individuals have been subjected to arbitrary arrests and forced disappearances in four independent cases by security personnel in the afore-mentioned districts in Nepal. OMCT is gravely concerned by the grave human rights situation in the country, which has seen widespread arbitrary arrests, torture, forced disappearance and extra-judicial executions of individuals. This occurs against the background of the ongoing armed conflict between the Nepalese authorities and the rebel Communist Party of Nepal (CPN) (Maoist) forces, which resumed on 27 August 2003, following the breakdown of a cease-fire. The reasons for the arrest and present locations of the victims remain unknown in each of these cases, giving rise to serious concerns for the personal integrity of these persons.
According to the information received, Raj Kishor Sah, a 40 year-old political worker in Sarpallo VDC-4, Mahottari District was arrested by plain clothed security personnel from Sarpallo VDC-4 Bichilla Chowk, Mahottari at 5:30pm on 15 February 2004. According to an eye witness (Sagir Nahaf, Sarpallo VDC-5, the ex-Chairman of the VDC), Raj Kishor was arrested by ten security personnel riding 5 motorcycles, who forced him to sit on the motorcycle and took him south, towards the Jaleshwor District headquarters. The victim's family has asked the District Police Office to locate his whereabouts, but they have not done so.
Separately, Mr. Ram Dayal Mahato, a 45 year-old resident of Singyahi Madan VDC-4, Dhanusha District and a former activist of CPN (UML), was reportedly arrested by plain clothed members of the police from Singyahi Madan VDC-3, Dhanusha at 7.00 AM on 12 February 2004. According to a testimony by the victim’s son, Arun Kumar Singh, police personnel arrested Mr. Ram Dayal Mahato, searched his house, and then took him on foot to the Area Police Office, Khajuri, Dhanusha. He was kept there that day, but the reasons for arrest and his current whereabouts remain unknown.
Another case of forced disappearance case involves Rupak Adhikari, a 20 year-old student and resident of Pithuwa VDC-9, Chitawan District, who was reportedly arrested by plain clothed security personnel from Narayan Gopal Chowk, Maharaj Gunj, Kathmandu on 21 October 2003. According to his uncle (Arjun Prasad Adhikari), he was returning to his room at Maharaj Gunj from a relative's home at Koteshwor, Kathmandu and is thought to have been arrested at Bhairav Nath Gan, Maharaj Gunj. The reason for his arrest and his whereabouts remain unknown nearly four months later. It is important to note that the victim had previously been arrested by security personnel on 1 December 2001 and was later released on 26 February 2003.
Finally, two persons from the Kumari VDC-4, Nuwakot District, Devi Prasad Dhungana, a 21 year-old goat trader and Prakash Dhungana, a 22 year-old farmer, have reportedly been arrested by two plain clothed security personnel from Kalanki-14, Ring Road, Kathmandu at 3.00 PM on 29 Jan 2004. According to an eye witness (Parshu Ram Basnet), the victims were arrested by members of the security forces at a goat market near the Ring Road, Kalanki and were forced to leave with them. Relatives and other eyewitnesses saw them taken to a petrol pump about 200 metres from the goat market. While arresting them, security personnel also reportedly threatened the eye witness after he had questioned them on why these persons were being arrested.
The following day, Devi Prasad Dhungana was reportedly seen in front of the Agriculture Development Bank, Balaju taking tea by his uncle Hari Prasad Dhungana. The next day (31 January), Prakash's younger brother saw him at the same place but he did not say anything. When the brother began to speak to him, a plain clothed person threatened him, telling him not to return. On the same day, relatives saw him at Kalanki but again he could not speak to them. It is reported that the security forces have confiscated Devi Prasad Dhungana’s account-book o and NRs. 50,000. The victims' families have looked for them at the army barracks at Lagankhel Lalitpur, Bafal Kathmandu and Chhauni Kathmandu, but have not been able to gain information on the reasons for their arrest and their current whereabouts.
The International Secretariat of OMCT is gravely concerned by these cases of arbitrary arrest and subsequent forced disappearance, and fears for the physical and psychological integrity of Raj Kishor Sah, Ram Dayal Mahato, Rupak Adhikari, Devi Prasad Dhungana, and Prakash Dhungana, as the are at risk of being subjected to ill-treatment, torture and/or extra-judicial execution during this time. OMCT calls for the Nepalese government to immediately locate these persons, to guarantee their personal integrity at all times and to order their immediate release in the absence of legal charges that are consistent with international law and standards. Furthermore, OMCT calls on the authorities to immediately launch thorough and impartial investigations into these cases, in order to identify those responsible, bring them to justice, and award adequate compensation to the victims.
Action requested
Please write to the authorities in Nepal urging them to:
i. immediately locate the whereabouts of Raj Kishor Sah, Ram Dayal Mahato, Rupak Adhikari, Devi Prasad Dhungana, and Prakash Dhungana;
ii. take all measures necessary to guarantee their physical and psychological integrity;
iii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of these arrests and forced disappearances, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee that adequate reparation is provided to the victims of these abuses;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Prime Minister Surya Bahadur Thapa, Prime Minister's Office, Singha Durbar, Kathmandu, Nepal, Fax:+ 977 1 4 227 286
· General Pyar Jung Thapa, Chief of Army Staff (COAS), Army Headquarters, Kathmandu, Nepal, Fax + 977 1 4 242 168
· Deputy Brigadier General Nirendra Prasad Aryal, Head, Army Human Rights Cell, Army Headquarters, Kathmandu, Nepal, Fax: + 977 1 4 226 292/ 229 451
· Ambassador, Acharya, Gyan Chandra, Permanent Mission of the Kingdom of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int
Please also write to the embassies of Nepal in your respective country.
Geneva, February 19th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.