Nepal
24.01.01
Urgent Interventions

Nepal: human rights lawyer and environmental activist physically assaulted

URGENT APPEAL - THE OBSERVATORY

NPL 001 / 0101 / OBS 008
Assault
Nepal
24 January 2001

The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your urgent intervention in the following situation in Nepal.

Brief description of the situation

The Observatory for the Protection of Human Rights Defenders has been informed by the International Institute for Human Rights, Environment and Development (INHURED) that on January 17th 2001, Mr Gopal Siwakoti ‘Chintan’, Executive Director of INHURED International, human rights lawyer and environmental activist was physically assaulted.

According to the information received, on January 17th evening around 7:00 pm, he was called by a stranger to pick up a packet from America for his son Nitanta. A female voice told him that it was her brother who had brought this packet and that they wanted to deliver it to him as it was very urgent. He was told to come out in the street around 8:35 as they reportedly did not know where he lived. Mr Gopal Siwakoti waited for about 15 minutes at the main road at the cross section of Kalikasthan and Anamnagar which is near the office of INHURED International.

According to him, no one showed up until 8:55 or so and he was thinking of coming back. All of a sudden, he was hit from behind and knocked unconscious. When he woke up in the main road, and no one was there. He could not move as he was badly hurt.

15 minutes later he was helped to the INHURED office gate, about 20 meters from the incident, by two passers by who stated that they had seen three people running away. Mr Gopal Siwakoti was later taken to Kathmandu Model Hospital by co-workers.

As soon as he was admitted to the Emergency Unit of this private hospital, the doctor on duty informed the police of the incident and asked them whether they would come as per the rule and prepare a police report. However, the police completely ignored the call and told Mr Gopal Siwakoti and his co-workers that the should directly report the incident to the police in office when the medical treatment was finished. He was discharged on January 18, 2001 – the following day.

He is now being treated on a regular basis at B & B Hospital. He is taking complete rest for at least another six weeks. He has a big wound at the back of his head. His nose is broken. There are several little wounds on his face and other parts of the body. His right knee is seriously fractured. He cannot walk but can read and write.

Regarding legal action, the Firsthand Information Report (FIR) was filed on January 18th evening in local police station with all the details but as of today there is no response or inquiry into the matter. Several human rights groups have called upon the government for the immediate investigation of the incident and take appropriate legal action.

The Observatory is gravely concerned by the lack of response on behalf of the police into the assault of Mr Gopal Siwakoti.

Action requested:

Please write to the authorities of Nepal urging them to:

i.- take all necessary measures to guarantee the physical and psychological integrity of Mr Gopal Siwakoti;

ii.- order an immediate full and impartial investigation into this incident in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law ;

iii.- ensure the application of the provisions of the Declaration on Human Rights Defenders adopted by the General Assembly of the UN on December 9th 1998, especially with respect to the protection of the right of all persons, "...individually or in association with others, to promote and to strive for the protection and realization of human and fundamental freedoms at the national and international levels" (Art.1.) as well as the duty of the State to ensure “the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure, adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration" (Art.12.2);

iv.- ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards.

Addresses

Rt. Honourable Girija Prasad Koirala, Prime Minister, His Majesty's Government of Nepal, Singh Durbar, Kathmandu, Nepal, fax: 00977-1-227286, tel: 227955, 228555.

Honourable Ram Chandra Paudel, Deputy Prime Minister and Home Minister, His Majesty's Government of Nepal, Singh Durbar, Kathmandu, Nepal, fax: 00977-1-227187, tel: 228024, 227853. E-mail: homehmg@wlink.com.np

Honourable Pradeep Shamsher Rana, Inspector-General of Police, Naxal, Kathmandu, Nepal, fax: 00977-1-415593, tel: 412737. E-mail: phqcs1@vishnu.ccsl.com.np

Honourable Naina Bahadur Khatri, Chairperson, National Human Rights Commission, Pulchowk, Lalitpur, Nepal, fax: 00977-1-547973, tel: 525679. E-mail: nhrc@ntc.net.np

Mr. Sindhu Nath Pyakurel, President, Nepal Bar Association, Supreme Court Building, Kathmandu, Nepal, fax: 00977-1-262755, tel: 248595.

The Diplomatic Representatives of Nepal in your country.

Geneva-Paris, 24 January 2001

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

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line: Fax: + 033 (0) 1 55 80 83 92
Tel: FIDH 33 (0) 1 43 55 20 11 OMCT +41 22 809 49 39
E-mail: observatoire@iprolink.ch