Nepal: Arbitrary arrest and detention of two Tibetan refugees

Case NPL 181005

Arbitrary arrest and detention

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.

Brief Description of the Situation

The International Secretariat of OMCT has been informed by the Tibetan Centre for Human Rights and Democracy (TCHRD), a member of the network, of the arbitrary arrests of two Tibetan refugees, Sonam Tsering , 18 years old, and Norbu Tsering, 25 years old, in Nepal.

According to the information received. Mr. Sonam Tsering has been jailed in Dilli Bataar Jail in Kathmandu, following his arrest by the police upon arrival in Kathmandu around 7th October 2005.

Mr. Sonam Tsering, holding Tong Xin Thang (travel permit allowing him to travel to the border), arrived in Kathmandu during the night and was arrested in the Swayambunath area of Kathmandu by police. On 9th October he was handed over to the Immigration Department of the Nepalese Home Ministry. The Immigration Department imposed a penalty of Nepalese Rupees 27,000 (approx USD 375) or an imprisonment term of three years. Mr. Sonam Tsering was unable to pay the penalty and subsequently sentenced to three years in Dilli Bazaar Jail in Kathmandu, Nepal. Mr. Tsering is thought to belong to Golog Tibet Autonomous Prefecture, Qinghai Province.

In a similar case, Mr. Norbu Tsering, 25 years old, was arrested on 24th September 2005 on the Nepal-Tibet border whilst on his way back to his native village in Kyidong. After being handed over to the Nepalese Immigration Department on 28th September 2005, he was charged a penalty of Nepalese Rupees 28,651, which he failed to pay and consequently was sentenced to three years and three months in jail.

Furthermore, on 31st May 2003, Nepal deported 18 Tibetan refugees to Tibet under pressure from the Chinese Embassy in Nepal, in spite of a massive international appeal.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Sonam Tsering and Mr. Norbu Tsering, and fears that they will be deported to China.

Action Requested:

Please write a letter to the authorities in Nepal urging them to:
i. Guarantee the physical and psychological integrity of Mr. Sonam Tsering and Mr. Norbu Tsering;
ii. Clarify the reasons for detention and the sentencing, which is completely disproportionate with their lack of valid papers;
iii. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:

• His Majesty King Gyanendra, Narayanhity Royal Palace, Durbar Marg, Kathmandu, Nepal
  c/o Permanent Mission of the Kingdom of Nepal to the United Nations, 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; Email: nhrc@ntc.net.np

Please also write to the embassies of Nepal in your respective country.

Geneva, October 18th, 2005

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