Nepal
19.01.04
Urgent Interventions
Nepal : Mr. Dinesh Raj Prasain beaten by members of the Royal Nepali Army
URGENT APPEAL - THE OBSERVATORY
NPL 001/0104/OBS 005
Ill treatment/break in/unlawful search
NEPAL
15 January 2004
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Nepal.
Brief description:
The Observatory has been informed by a reliable source, that Mr. Dinesh Raj Prasain, Coordinator of the Collective Campaign for Peace (COCAP), was severely beaten by members of the Royal Nepali Army at his residence in Banasthali, Kathmandu.
According to the information received, on 13 January 2004, at approximately 12:15 a.m., 6 or 7 men dressed in civilian clothes identified themselves as security personnel and asked Mr. Prasain to open the door so they could search his apartment. The men were reportedly searching for a Maoist as well as documents and materials. When Mr. Prasain, fearful that the men were criminals, refused to open the door, one of the men pulled out a revolver and threatened to shoot Mr. Prasain. The men broke the door and started to ruthlessly punch and kick him in the face, head, stomach, back and thighs. At least four of them participated in the beating. One of the men, whom the others referred to as the “Major”, kept on beating Mr. Prasain while the rest conducted the search.
According to the landlord and other tenants in the building, approximately 15 members of the Nepali army in uniforms surrounded the building during the incident.
Mr. Prasain has lodged a formal application for his medical examination with the District Police Office in Kathmandu. He is also planning to lodge a complaint with the National Human Rights Commission and the Army's human rights cell.
A month earlier, the same sources reported that Mr. Prasain received death threats from a professional criminal gang after one of his articles exposing corruption within human rights NGOs was published on December 14, 2003, in the Nepal Samacharpatra, a daily Nepali newspaper.
The Observatory is gravely concerned at the ill-treatment of Mr. Dinesh Raj Prasain and the deteriorating human rights situation in Nepal. Since a cease-fire between the Government and the rebel CPN (Maoist) group broke down on August 27, 2003, there have been massive human rights violations by both parties, including arbitrary and incommunicado detention for lengthy periods, rape, torture, forced disappearance and extra-judicial execution.
Actions 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. Dinesh Raj Prasain and put an end to all forms of harassment and ill-treatment to which he has been subjected;
ii. order an independent and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to justice and apply the sanctions provided by law;
iii. 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 its article 1, which provides 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" 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 o 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.";
iv. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments.
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
· Brigadier General B A K Sharma, 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
· Shyam Bhakta Thapa, Inspector General of Police, Police Headquarters, Naxal, Kathmandu, Nepal, Fax: + 977 1 4 415 593 / 415 594
Please also write to the embassies of Nepal in your respective country.
Geneva, 15 January 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
NPL 001/0104/OBS 005
Ill treatment/break in/unlawful search
NEPAL
15 January 2004
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Nepal.
Brief description:
The Observatory has been informed by a reliable source, that Mr. Dinesh Raj Prasain, Coordinator of the Collective Campaign for Peace (COCAP), was severely beaten by members of the Royal Nepali Army at his residence in Banasthali, Kathmandu.
According to the information received, on 13 January 2004, at approximately 12:15 a.m., 6 or 7 men dressed in civilian clothes identified themselves as security personnel and asked Mr. Prasain to open the door so they could search his apartment. The men were reportedly searching for a Maoist as well as documents and materials. When Mr. Prasain, fearful that the men were criminals, refused to open the door, one of the men pulled out a revolver and threatened to shoot Mr. Prasain. The men broke the door and started to ruthlessly punch and kick him in the face, head, stomach, back and thighs. At least four of them participated in the beating. One of the men, whom the others referred to as the “Major”, kept on beating Mr. Prasain while the rest conducted the search.
According to the landlord and other tenants in the building, approximately 15 members of the Nepali army in uniforms surrounded the building during the incident.
Mr. Prasain has lodged a formal application for his medical examination with the District Police Office in Kathmandu. He is also planning to lodge a complaint with the National Human Rights Commission and the Army's human rights cell.
A month earlier, the same sources reported that Mr. Prasain received death threats from a professional criminal gang after one of his articles exposing corruption within human rights NGOs was published on December 14, 2003, in the Nepal Samacharpatra, a daily Nepali newspaper.
The Observatory is gravely concerned at the ill-treatment of Mr. Dinesh Raj Prasain and the deteriorating human rights situation in Nepal. Since a cease-fire between the Government and the rebel CPN (Maoist) group broke down on August 27, 2003, there have been massive human rights violations by both parties, including arbitrary and incommunicado detention for lengthy periods, rape, torture, forced disappearance and extra-judicial execution.
Actions 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. Dinesh Raj Prasain and put an end to all forms of harassment and ill-treatment to which he has been subjected;
ii. order an independent and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to justice and apply the sanctions provided by law;
iii. 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 its article 1, which provides 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" 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 o 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.";
iv. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments.
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
· Brigadier General B A K Sharma, 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
· Shyam Bhakta Thapa, Inspector General of Police, Police Headquarters, Naxal, Kathmandu, Nepal, Fax: + 977 1 4 415 593 / 415 594
Please also write to the embassies of Nepal in your respective country.
Geneva, 15 January 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.