Nepal
26.04.04
Urgent Interventions
Nepal: severe crackdown on peaceful demonstrations
Open Letter to
Mr. Surya Bahadur Thapa,
Prime Minister of Nepal
Paris-Geneva, April 26, 2004
Dear Mr. Surya Bahadur Thapa,
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 been informed by the International Rehabilitation Council for Torture Victims (IRCT), and other reliable sources, that Dr Bhogendra Sharma, President of the IRCT and the Centre for Victims of Torture Nepal (CVICT), was arrested in Kathmandu by Nepalese police on April 17, 2004. He was released later that same day.
Dr. Bhogendra Sharma and nine staff and executive committee members of CVICT were arrested while monitoring a peaceful demonstration in Kathmandu and then taken to the police station.
Since April 2004, there has been a severe crackdown on peaceful demonstrations, leading to mass arrests, illegal and incommunicado detentions, ill treatment and violent repression of hundreds of peaceful demonstrators in Kathmandu. Demonstrators have been calling for a return to multi-party democracy and the reinstatement of an elected Government during protests in which several hundred thousand people have participated. Demonstrations have notably been led by the country's five main opposition political parties.
According to the information received, on April 8, 2004, the Kathmandu District Administration issued an order banning public demonstrations and the assembly of more than five persons within the Kathmandu Ring Road and Lalitpur areas. Nepali authorities justified the order by claiming that they have "information" showing that some of the protest organisers have links with the Communist Party of Nepal - Maoist (CPN-Maoist), which is currently engaged in an armed conflict against the Nepalese Armed Forces within the country. Since then, demonstrations have been violently repressed. Armed police have beaten demonstrators and arbitrarily arrested hundreds of persons.
On April 9, 2004, after a demonstration, approximately 400 lawyers from Nepal Bar Association, including its president, Sambhu Thapa and its ex-vice-president Govinda Bandi, were arrested by security personnel in front of the Supreme Court and taken to a governmental warehouse. The lawyers had organised and were participating in a peaceful rally in favour of the establishment of democracy and were documenting human rights violations. They were subsequently released. On April 15, 2004, the armed police arrested over 1,000 peaceful demonstrators, including the President of the Nepali Congress, Girija Prasad Koirala, in the Bagbazaar area in Kathmandu.
On April 21, several hundred lawyers were reportedly arrested during another peaceful demonstration organised by the Nepal Bar Association in Kathmandu. The purpose of that last demonstration was to protest against the government's prohibition of demonstrations and the ongoing repression against human rights defenders and people exercising the right to peaceful assembly. They were subsequently released.
The Observatory calls for the immediate lifting of the ban on peaceful demonstrations, and the release of all human rights defenders arbitrarily detained. The Observatory urges the Nepali authorities to comply with the Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, in particular with its article 1 which states that "[e]veryone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels", its Article 12. 2, which states that "[t]he State shall take all necessary measures 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", as well as article 5a which provides that "[f]or the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels (…) [t]o meet or assemble peacefully".
More generally, the Observatory urges the Nepali authorities to comply with international human rights standards included in the Universal Declaration on Human Rights and other international law instruments ratified by Nepal.
In the hope you will take these considerations and requests into account,
We remain,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT
Mr. Surya Bahadur Thapa,
Prime Minister of Nepal
Paris-Geneva, April 26, 2004
Dear Mr. Surya Bahadur Thapa,
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 been informed by the International Rehabilitation Council for Torture Victims (IRCT), and other reliable sources, that Dr Bhogendra Sharma, President of the IRCT and the Centre for Victims of Torture Nepal (CVICT), was arrested in Kathmandu by Nepalese police on April 17, 2004. He was released later that same day.
Dr. Bhogendra Sharma and nine staff and executive committee members of CVICT were arrested while monitoring a peaceful demonstration in Kathmandu and then taken to the police station.
Since April 2004, there has been a severe crackdown on peaceful demonstrations, leading to mass arrests, illegal and incommunicado detentions, ill treatment and violent repression of hundreds of peaceful demonstrators in Kathmandu. Demonstrators have been calling for a return to multi-party democracy and the reinstatement of an elected Government during protests in which several hundred thousand people have participated. Demonstrations have notably been led by the country's five main opposition political parties.
According to the information received, on April 8, 2004, the Kathmandu District Administration issued an order banning public demonstrations and the assembly of more than five persons within the Kathmandu Ring Road and Lalitpur areas. Nepali authorities justified the order by claiming that they have "information" showing that some of the protest organisers have links with the Communist Party of Nepal - Maoist (CPN-Maoist), which is currently engaged in an armed conflict against the Nepalese Armed Forces within the country. Since then, demonstrations have been violently repressed. Armed police have beaten demonstrators and arbitrarily arrested hundreds of persons.
On April 9, 2004, after a demonstration, approximately 400 lawyers from Nepal Bar Association, including its president, Sambhu Thapa and its ex-vice-president Govinda Bandi, were arrested by security personnel in front of the Supreme Court and taken to a governmental warehouse. The lawyers had organised and were participating in a peaceful rally in favour of the establishment of democracy and were documenting human rights violations. They were subsequently released. On April 15, 2004, the armed police arrested over 1,000 peaceful demonstrators, including the President of the Nepali Congress, Girija Prasad Koirala, in the Bagbazaar area in Kathmandu.
On April 21, several hundred lawyers were reportedly arrested during another peaceful demonstration organised by the Nepal Bar Association in Kathmandu. The purpose of that last demonstration was to protest against the government's prohibition of demonstrations and the ongoing repression against human rights defenders and people exercising the right to peaceful assembly. They were subsequently released.
The Observatory calls for the immediate lifting of the ban on peaceful demonstrations, and the release of all human rights defenders arbitrarily detained. The Observatory urges the Nepali authorities to comply with the Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, in particular with its article 1 which states that "[e]veryone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels", its Article 12. 2, which states that "[t]he State shall take all necessary measures 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", as well as article 5a which provides that "[f]or the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels (…) [t]o meet or assemble peacefully".
More generally, the Observatory urges the Nepali authorities to comply with international human rights standards included in the Universal Declaration on Human Rights and other international law instruments ratified by Nepal.
In the hope you will take these considerations and requests into account,
We remain,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT