Nepal
21.05.04
Urgent Interventions
Nepal: arrest and incommunicado detention of Mr. Suresh Aryal
Case NPL 190504
Arbitrary and incommunicado detention / Risk of torture
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 a INSEC, a member of the OMCT network, of the arrest and incommunicado detention of Mr. Suresh Aryal in Nepal.
According to the information received, Mr. Suresh Aryal, an 18-year old student originally from Gulmi district, living in Chauni, Kathmandu, was reportedly arrested by plain-clothed security personnel on May 14th, 2004 at 5:30 pm from his brother's rented room. Five security persons took him away in a white coloured pick-up van.
The reason for his arrest and his whereabouts remain unknown. His relatives have informed the National Human Rights Commission about his arrest.
The International Secretariat of OMCT is gravely concerned for Mr. Suresh Aryal’s physical and psychological integrity, given that his whereabouts remain unknown, giving rise to fears that he may be subjected to torture or potentially extra-judicial execution. A large number of cases of torture and extra-judicial have been recorded in Nepal recently, giving rise to these concerns. OMCT calls upon the Nepalese authorities to immediately locate his whereabouts, guarantee his personal integrity, and release him in the absence of valid legal charges. OMCT also call upon the authorities to launch an immediate, thorough and impartial investigation into this arrest, in order to identify those responsible, bring them to justice and award adequate reparation to the victim.
Action requested
Please write to the authorities in Nepal urging them to:
i. immediately locate Mr. Suresh Aryal’s whereabouts;
ii. take all measures necessary to guarantee his physical and psychological integrity;
iii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of this arrest, 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 Mr. Suresh Aryal;
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
· His Majesty the King Gyanendra Bir Bikram Shah Dev, C/O The Chief of Protocol Division, Protocol Division, Ministry of Foreign Affairs, Chital News, Kathmandu, Nepal, Fax: + 977 1 4 416 007
· 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, May 19th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary and incommunicado detention / Risk of torture
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 a INSEC, a member of the OMCT network, of the arrest and incommunicado detention of Mr. Suresh Aryal in Nepal.
According to the information received, Mr. Suresh Aryal, an 18-year old student originally from Gulmi district, living in Chauni, Kathmandu, was reportedly arrested by plain-clothed security personnel on May 14th, 2004 at 5:30 pm from his brother's rented room. Five security persons took him away in a white coloured pick-up van.
The reason for his arrest and his whereabouts remain unknown. His relatives have informed the National Human Rights Commission about his arrest.
The International Secretariat of OMCT is gravely concerned for Mr. Suresh Aryal’s physical and psychological integrity, given that his whereabouts remain unknown, giving rise to fears that he may be subjected to torture or potentially extra-judicial execution. A large number of cases of torture and extra-judicial have been recorded in Nepal recently, giving rise to these concerns. OMCT calls upon the Nepalese authorities to immediately locate his whereabouts, guarantee his personal integrity, and release him in the absence of valid legal charges. OMCT also call upon the authorities to launch an immediate, thorough and impartial investigation into this arrest, in order to identify those responsible, bring them to justice and award adequate reparation to the victim.
Action requested
Please write to the authorities in Nepal urging them to:
i. immediately locate Mr. Suresh Aryal’s whereabouts;
ii. take all measures necessary to guarantee his physical and psychological integrity;
iii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of this arrest, 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 Mr. Suresh Aryal;
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
· His Majesty the King Gyanendra Bir Bikram Shah Dev, C/O The Chief of Protocol Division, Protocol Division, Ministry of Foreign Affairs, Chital News, Kathmandu, Nepal, Fax: + 977 1 4 416 007
· 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, May 19th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.