Nepal
04.01.05
Urgent Interventions

Nepal: Ill-treatment of Messrs. Naman Kumar Shahi and Bhupendra Shahi

URGENT APPEAL - THE OBSERVATORY

NPL 001 / 0105 / OBS 002
Ill-treatment
Nepal

January 4, 2005


The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Nepal.


Brief description of the situation:

The Observatory has been informed by the Informal Sector Service Centre (INSEC) that Mr. Naman Kumar Shahi, an INSEC’s representative, and Mr. Bhupendra Shahi, editor of the Gorkhapatra Daily and district Chairman of Journalist Forum, were ill-treated by members of security forces on January 2, 2005. Mr. Bhupendra Shahi is also the district President of the Human Rights and Peace Society (HURPES).

According to the information received, Mr. Naman Kumar Shahi and Mr. Bhupendra Shahi were beaten on January 2, 2005, at 3:00 p.m., by plain clothed members of the security forces, who are working at the Dailekh district police office.

Mr. Naman Kumar Shahi and Mr. Bhupendra Shahi had gone in the Dailekh district to collect news and pictures of Mr. Dil Bahadur Rana’s killing. Mr. Dil Bahadur Rana, who was killed by Maoists on January 2, 2005, was a member of the District Working Committee of the Nepali Congress Party as well as the Secretary of the independent Committee of the Internally Displaced Persons in the district.

On behalf of the police, the Head of the district police has pledged an apology for the misconduct of these security forces. Nevertheless, no investigation has been carried out into these events and the responsible security members were not sanctioned.

The Observatory is deeply concerned with these acts of violence against Messrs. Naman Kumar Shahi and Bhupendra Shahi, which are again very illustrative of the very high level of repression targeting human rights defenders and journalists within the long-standing conflict in Nepal.

Those acts are a flagrant violation of the provisions of the 1998 United Nations Declaration on Human Rights Defenders which states in its article 1 that “every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level”.


Action requested:
Please write to the authorities in Nepal urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Mr. Naman Kumar Shahi and Mr. Bhupendra Shahi;

ii. order an independent and impartial investigation into the circumstances of these events, in order to bring those responsible to justice and apply the sanctions provided by law;

iii. end all forms of harassment and ill-treatment of human rights defenders in Nepal, and guarantee in all circumstances that human rights defenders and organisations are able to carry out their work without any hindrance;

iv. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular the above-mentioned article 1, and article 12.2 which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or 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”;

v. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by Nepal.


Addresses:
  • His Majesty King Gyanendra
    Narayanhity Royal Palace, Durbar Marg, Kathmandu, Nepal
    Fax : 977-1-227 395 / 977-1-411 955

  • Mr. Sher Bahdur Deuba
    Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal
    Fax: +977 1 4 227 765 / +977 1 227 286

  • Shyam Bhakta Thapa
    Inspector General of Police, Police Headquarters, Naxal, Kathmandu, Nepal
    Fax: + 977 1 4 415 593 / + 977 1 4 415 594
    H. E. Gyan Chandra Acharya

  • Ambassador, Permanent Mission of the Kingdom of Nepal, 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
    Fax: +9771 5 547 973; Email: nhrc@ntc.net.np



*****

Paris - Geneva, January 4, 2005

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

The Observatory, an 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:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 33 (0) 1 43 55 18 80
Tel and fax OMCT : + 41 (0) 22 809 49 39 / + 41 (0) 22 809 49 29
E-mail : observatoire@iprolink.ch