Nepal
22.03.04
Urgent Interventions
Nepal: forced disappearance of four persons
Case NPL 220304
Arbitrary arrest / Incommunicado 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 the Informal Sector Service Centre (INSEC), a member of the OMCT network, of three independent cases of arbitrary detention and forced disappearance concerning Ram Bilas Mahato, Laxmi Mahato, Achyut Kumar KC, and Durga Thap, in Nepal.
According to the information received, there are three new cases of arbitrary arrest and forced disappearance of civilians in Nepal by security forces. The first involves two victims, Ram Bilas Mahato (m), a 35 year old farmer, and Laxmi Mahato(m), a 27 year old farmer, and the second case involves Durga Thapa (m), a 38 year old textile technician. A third, older case has also been brought to OMCT’s attention, concerning the forced disappearance of Achyut Kumar KC (m), a 37 year old farmer.
Ram Bilas Mahato and Laxmi Mahato, residents of Belgachhi VDC 9 in the Mahottari District, were reportedly arrested by a members of the security forces near the sugar mill located at Ramnagar VDC on March 13th, 2004 at 3.00 pm. According to a witness, Rama Mahato, they were blind-folded after the arrest and taken away by bus to the Area Police Office of Gausala, Mahottari District. Their relatives have asked the police office permission to see them, but the authorities denied their arrest, and their whereabouts and the reason for their arrest remain unknown.
Durga Thapa, originally from Dakhakwadi VDC 6 in Pyuthan District, who has recently become a resident of Lubhu VDC townplan area of Lalitpur district, was reportedly arrested by a group of plain clothed security forces with masks on March 15, 2004 at 11.00 pm from his home. According to his wife, Ms. Durga Devi Thapa, security personnel searched his room but found nothing incriminating. Relatives of the victim have asked the District Police Office of Lalitpur about his arrest and to locate his whereabouts, but the police authorities denied having arrested him. His relatives informed the National Human Rights Commission of Nepal (NHRC) about the events on March 16, 2004, but the reason of his arrest and his whereabouts remain unknown.
Achyut Kumar KC, a resident of Jivanpur VDC 7 in the Dhading District, was reportedly arrested by a large group of armed security forces while returning from his farm carrying a load of paddy on November 17th, 2003 at 5.00 pm. According to a local resident, Badri Pandey, the members of the security forces arrested him and tied his hands with rope and forced him to carry their rice during the trip to Kumari-Chauthe VDCs. The reasons for his arrest and his whereabouts remain unknown.
OMCT is gravely concerned by the deteriorating human rights situation in Nepal, which has seen a spate of arbitrary arrests, the widespread use of torture and a large number of forced disappearances since the breakdown of the ceasefire between the authorities and the rebel CPN (Maoist) forces in August 2003. OMCT has been informed that the Royal Nepalese Army (RNA) does not have the right, under the country’s Constitution, to arrest and detain persons, but this practice is, however, rampant. Due to the fact that these detentions are illegal, the security forces systematically deny having arrested the persons in question and detain them incommunicado for lengthy periods within army barracks. While some persons are eventually released, many become the victims of forced disappearance and extra-judicial execution.
The International Secretariat of OMCT is gravely concerned by these cases of arbitrary arrests and subsequent forced disappearances, and fears for the physical and psychological integrity of Ram Bilas Mahat, Laxmi Mahat, Durga Thap, and Achyut Kumar KC, as they 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 reparation to the victims.
Action requested
Please write to the authorities in Nepal urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Ram Bilas Mahat, Laxmi Mahat, Durga Thap, and Achyut Kumar KC;
ii. immediately locate their whereabouts;
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, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. 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
· Gyanendra Raj Rai, Deputy Inspector General of Police, Head, APF Human Rights Cell, Armed Police Force (APF), Halchowk, Swayambhu, Kathmandu, Nepal, Fax: + 977 1 4 411 384
· 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, March 22nd, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest / Incommunicado 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 the Informal Sector Service Centre (INSEC), a member of the OMCT network, of three independent cases of arbitrary detention and forced disappearance concerning Ram Bilas Mahato, Laxmi Mahato, Achyut Kumar KC, and Durga Thap, in Nepal.
According to the information received, there are three new cases of arbitrary arrest and forced disappearance of civilians in Nepal by security forces. The first involves two victims, Ram Bilas Mahato (m), a 35 year old farmer, and Laxmi Mahato(m), a 27 year old farmer, and the second case involves Durga Thapa (m), a 38 year old textile technician. A third, older case has also been brought to OMCT’s attention, concerning the forced disappearance of Achyut Kumar KC (m), a 37 year old farmer.
Ram Bilas Mahato and Laxmi Mahato, residents of Belgachhi VDC 9 in the Mahottari District, were reportedly arrested by a members of the security forces near the sugar mill located at Ramnagar VDC on March 13th, 2004 at 3.00 pm. According to a witness, Rama Mahato, they were blind-folded after the arrest and taken away by bus to the Area Police Office of Gausala, Mahottari District. Their relatives have asked the police office permission to see them, but the authorities denied their arrest, and their whereabouts and the reason for their arrest remain unknown.
Durga Thapa, originally from Dakhakwadi VDC 6 in Pyuthan District, who has recently become a resident of Lubhu VDC townplan area of Lalitpur district, was reportedly arrested by a group of plain clothed security forces with masks on March 15, 2004 at 11.00 pm from his home. According to his wife, Ms. Durga Devi Thapa, security personnel searched his room but found nothing incriminating. Relatives of the victim have asked the District Police Office of Lalitpur about his arrest and to locate his whereabouts, but the police authorities denied having arrested him. His relatives informed the National Human Rights Commission of Nepal (NHRC) about the events on March 16, 2004, but the reason of his arrest and his whereabouts remain unknown.
Achyut Kumar KC, a resident of Jivanpur VDC 7 in the Dhading District, was reportedly arrested by a large group of armed security forces while returning from his farm carrying a load of paddy on November 17th, 2003 at 5.00 pm. According to a local resident, Badri Pandey, the members of the security forces arrested him and tied his hands with rope and forced him to carry their rice during the trip to Kumari-Chauthe VDCs. The reasons for his arrest and his whereabouts remain unknown.
OMCT is gravely concerned by the deteriorating human rights situation in Nepal, which has seen a spate of arbitrary arrests, the widespread use of torture and a large number of forced disappearances since the breakdown of the ceasefire between the authorities and the rebel CPN (Maoist) forces in August 2003. OMCT has been informed that the Royal Nepalese Army (RNA) does not have the right, under the country’s Constitution, to arrest and detain persons, but this practice is, however, rampant. Due to the fact that these detentions are illegal, the security forces systematically deny having arrested the persons in question and detain them incommunicado for lengthy periods within army barracks. While some persons are eventually released, many become the victims of forced disappearance and extra-judicial execution.
The International Secretariat of OMCT is gravely concerned by these cases of arbitrary arrests and subsequent forced disappearances, and fears for the physical and psychological integrity of Ram Bilas Mahat, Laxmi Mahat, Durga Thap, and Achyut Kumar KC, as they 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 reparation to the victims.
Action requested
Please write to the authorities in Nepal urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Ram Bilas Mahat, Laxmi Mahat, Durga Thap, and Achyut Kumar KC;
ii. immediately locate their whereabouts;
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, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. 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
· Gyanendra Raj Rai, Deputy Inspector General of Police, Head, APF Human Rights Cell, Armed Police Force (APF), Halchowk, Swayambhu, Kathmandu, Nepal, Fax: + 977 1 4 411 384
· 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, March 22nd, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.