Nepal: Five new victims of arbitrary arrest and torture

Case NPL 100206

Arbitrary arrest / Detention / 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 the Informal Sector Service Center (INSEC), a member of the OMCT network, about the arbitrary arrest, detention and torture on 1 February 2006 of Mr. Saroj Kumar Yadav (26) and of Mr. Rupesh Khatiwada (31), Mr. Basudev Paudel (24) as well as Mr. Rajan Khatiwada (29) on 2 February 2006.

According to the information received, Mr Rupesh Khatiwada, Secretary of the Free Student Union (FSU) of Tribhuban University Campus, was allegedly arrested and beaten by the police on 2 February 2006 while he was in the university canteen late at night. After his arrest, Mr. Khatiwada was brought to the police station in Kirtipur, where he was severely beaten by two policemen under the command of Mr. Ramesh Gautam, Inspector of Police. Mr. Khatiwada was insulted and spit on by the inspector while the two policemen were beating him. He was kept in a dark room and told to put his hands and legs on the floor while he was beaten with rein and boots on the back.

According to the same information, Mr. Basudev Paudel and Mr. Rajan Khatiwade were also arrested on 2 February 2006 and suffererd from the same types of torture as Mr. Khatiwada. It is reported that Mr. Ramesh Gautam was among the perpetrators.

Mr. Saroj Kumar Yadav, who was arrested on 1 February 2006, was severely beaten in the room of the Free Student Union (FSU) of Tribhuban University Campus.

All victims suffered from high fever allegedly due to the torture.

On 4 February 2006, Mr. Ian Martin, Chief of the Office of the High Commissioner on Human Rights (OHCHR) Nepal, met with Mr. Khatiwade and inquired about the case. Two days later INSEC representatives met with the four victims and learned that no treatment had been provided till then to them. The victims are currently being detained at Women Development Training Centre, Jawalakhel of Lalitpur District where they were brought to on 5 February. All four are charged with ‘disturbing peace and security’.

Action Requested:

Please write a letter to the authorities in Nepal urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Rupesh Khatiwada, Mr. Basudev Paudel, Mr. Rajan Khatiwada and Mr. Saroj Kumar Yadav and ensure that they are provided with medical assistance.
ii. Order their immediate release in the absence of valid 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;
iii. Order a thorough and impartial investigation into these events, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:

• His Majesty King Gyanendra, Narayanhity Royal Palace, Durbar Marg, Kathmandu, Nepal
  c/o Permanent Mission of the Kingdom of Nepal to the United Nations, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 733 27 22; E-mail: mission.nepal@ties.itu.int
  
• Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Email: nhrc@ntc.net.np

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

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Geneva, February 10, 2006

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