Nepal
23.08.05
Urgent Interventions
Nepal: Releases of several human rights defenders
URGENT APPEAL - THE OBSERVATORY
New information
Releases / Arbitrary detentions
Nepal
August 23, 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), has received new information and requests your urgent intervention in the following situation in Nepal.
According to the information received, the following human rights defenders were released:
The Observatory thanks all the persons, organisations and institutions who intervened in favour of these releases, and calls upon the Nepalese authorities to guarantee that once set free, all charges against these human rights defenders be definitively dropped and their rights be fully respected.
Moreover, the Observatory recalls that Mr. Lok Prasad Pant, lawyer and Chairman of the Civil Society Network, was arrested on February 1, 2005, before being detained at the Birendranagar jail, Surkhet district. Released on March 9, 2005, he was re-arrested on the same day. He is said to be held at the Jail of Surkhet district. Likewise, Mr. Bhakta Bahadur Karki, NTUC Vice-President, Western Region (Dhangadi), who was arrested on February 18, remains in detention in Dhangadhi, Kailali.
Finally, the Observatory received no more information concerning Mr. Bam Dev Adhikari, Vice-Chairperson of the Society for Protection of Human Rights and Rural Environment (SOPHRE), who was arrested on February 4, 2005, in Lamjung district. His fate remains unknown.
i. take all necessary measures to guarantee the physical and psychological integrity of all human rights defenders in the country;
ii. release immediately and unconditionally all human rights defenders and prisoners of opinion who remain arbitrarily detained;
iii. put an end to 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 article 1, which states that “everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels”, article 6 on the right “to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms”, “to freely publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms” and “to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”, as well as 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.
Please also write to the diplomatic representations of Nepal in your respective countries.
***
Geneva - Paris, August 23, 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
Email : observatoire@iprolink.ch
New information
NPL 002 / 0205 / OBS 010.3
Releases / Arbitrary detentions
Nepal
August 23, 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), has received new information and requests your urgent intervention in the following situation in Nepal.
New information:
The Observatory has just been informed by reliable sources, including the Informal Sector Service Centre (INSEC), of the release, earlier in the year, of several human rights defenders, who had been arrested in the aftermath of the declaration of the state of emergency (see background information).According to the information received, the following human rights defenders were released:
- Mr. Nanda Bhandari, lawyer and member of the Centre for Victims of Torture (CVICT), arrested on February 1, 2005 and detained in Surkhet district under the Public Security Act (PSA), was released on February 24, 2005, in execution of a court order;
- Mr. Deepak Tamang, Jhapa District President of the Central Committee of the Nepal Trade Union Congress (NTUC), arrested on February 18, 2005, was released on February 27, 2005;
- Mr. Bal Krishna Poudel, Secretary of the Human Rights Organisation of Nepal (HURON) in Chitwan district, arrested on February 1, 2005, was released on March 1, 2005;
- Mr. Narayan Adhikari, correspondent at the national news agency Rastriya Samachar Samitte (RSS), and Mr. Basant Parajuli, correspondent at Gorakhapatra Daily, arrested in Chitwan district on February 13, 2005, were both released on March 1, 2005;
- Mr. Sukharam Maharjan, Vice Chairperson of the Kirtipur Branch of the Human Rights Organisation of Nepal (HURON), taken away from his residence in Kathmandu district by five security members on February 9, 2005, was released at an unknown date;
- Mr. Nava Raj Pahadi, editor at Antaranga Weekly, arrested in Lamjung district on February 4, 2005, was released at an unknown date;
- Mr. D.R. Pant, correspondent at Kantipur Daily, arrested on February 15, 2005, was released at an unknown date;
- Ms. Sarita Bon, NTUC District member, Kathmandu-Teachers’ Union, arrested on February 18, 2005, was released on February 23, 2005,
- Mr. Chandra Bhattari, NTUC Senior Vice President, Construction Workers’ Union, Pokhara, arrested on February 18, was released on February 20, 2005;
- Ms. Gita Pathak, NTUC Central Committee member of Nepal Building and Construction Workers’ Union, arrested on March 2, was released on March 4, 2005;
- Mr. Puskar Acharya, NTUC Senior Vice-President, arrested on February 1, 2005, in Morang district, was released on May 20, 2005.
The Observatory thanks all the persons, organisations and institutions who intervened in favour of these releases, and calls upon the Nepalese authorities to guarantee that once set free, all charges against these human rights defenders be definitively dropped and their rights be fully respected.
Moreover, the Observatory recalls that Mr. Lok Prasad Pant, lawyer and Chairman of the Civil Society Network, was arrested on February 1, 2005, before being detained at the Birendranagar jail, Surkhet district. Released on March 9, 2005, he was re-arrested on the same day. He is said to be held at the Jail of Surkhet district. Likewise, Mr. Bhakta Bahadur Karki, NTUC Vice-President, Western Region (Dhangadi), who was arrested on February 18, remains in detention in Dhangadhi, Kailali.
Finally, the Observatory received no more information concerning Mr. Bam Dev Adhikari, Vice-Chairperson of the Society for Protection of Human Rights and Rural Environment (SOPHRE), who was arrested on February 4, 2005, in Lamjung district. His fate remains unknown.
Background information:
On February 1, 2005, King Gyandendra and the Royal Nepalese Army (RNA) seized effective control of all level of powers, declaring a state of emergency and suspending fundamental constitutional rights. Lawyers, human rights defenders, political and student leaders, as well as journalists and trade unionists were then arbitrarily arrested. (See Observatory Urgent Appeal NPL 002/0205/OBS 010, OBS 010.1, OBS 010.2 and Press Release, February 22, 2005). The state of emergency was lifted on April 29, 2005.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 all human rights defenders in the country;
ii. release immediately and unconditionally all human rights defenders and prisoners of opinion who remain arbitrarily detained;
iii. put an end to 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 article 1, which states that “everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels”, article 6 on the right “to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms”, “to freely publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms” and “to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”, as well as 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: + 997 1 4 227 395 / 411 955
- Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Fax: + 997 1 5 547 973, Email: nhrc@ntc.net.np
- Lieutenant Colonel Pankaj Karki, Royal Nepal Army, Human Rights Cell, Royal Nepalese Army Headquarters, Bhadrakali, Kathmandu, Nepal, Fax: + 977 1 4245020, Email: humanrights@rna.mil.np
- Ambassador Gyan Chandra Acharya, Permanent Mission of the Kingdom of Nepal to the United Nations in Geneva, rue de la Servette 81, 1202 Geneva, Switzerland, Fax: +41 22 733 27 22, Email: mission.nepal@bluewin.ch
Please also write to the diplomatic representations of Nepal in your respective countries.
***
Geneva - Paris, August 23, 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
Email : observatoire@iprolink.ch