Nepal
12.09.03
Urgent Interventions
Nepal: arrest and torture of Ravi Kiran Regmi by the army security personnel
Case NPL 120903
Arbitrary detention/Incommunicado detention/Risk of torture/Torture
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 Asian Human Rights Commission, a member of the OMCT network, of the illegal arrest and torture of Ravi Kiran Regmi by the army security personnel in Nepal.
According to the information received, On September 4th, Mr. Ravi Kiran Regmi (alias Nirjeeb), age 59, was arrested at home around 6:00 a.m. by the army security forces. He was then brought to the Bharatpur Army Barracks where he is still being held. No one, including his family members, has been permitted to see him. Mr. Regmi was accused by the army security forces of supporting the Maoists, which have been declared terrorists by the Nepalese government. He has also been involved in human rights activities in his local area for a long time.
According to family members, Mr. Regmi suffers from diabetes, high blood pressure, and kidney problems. He has allegedly been injured in the barracks by army personnel, and his family members are concerned for his current health condition. Also, they cannot be sure where he is currently being held.
Since 1996, many innocent Nepalese people have suffered from the violent conflict between the government and the Maoists. The Nepalese government declared a cease-fire to start peace talks with the Maoists from January to August 2003. However, the cease-fire was broken on August 27th, 2003, and Nepalese civilians are once again at risk, especially women and children. Army soldiers and police officers frequently arbitrarily arrest people without due process.
In addition, in Nepal there is no specific law defining torture as a crime. Even in the Torture Compensation Act (TCA), torture is not defined as a crime. In the TCA, compensation may be awarded to victims of torture, but the perpetrators are not punishable because they have not committed a crime under domestic law. Even though torture is not defined as a crime by law, the Civil Code gives fines/punishment according to the nature of the wound. However, it does not make any provision for the psychological effects of torture. Even more important is the fact that even this 'beating' section of the Civil Code does not provide any specific provision for assault which has taken place whilst the victim is in custody, that is, with state involvement.
OMCT is gravely concerned for the physical and psychological integrity of Mr. Regmi. OMCT fears that there is a high risk of torture occurring in the custody of the Nepalese Army Security Forces. OMCT urges that Mr. Regmi is released immediately and calls upon the Nepalese authorities to bring an end to these acts.
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 the Mr. Regmi;
ii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. guarantee that the Mr. Regmi is granted access to legal representation and family visits;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Prime Minister, Rt Hon Lokendra Bahadur Chand, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: +977 1 422 3838/442 8220/442 8570
Deputy Prime Minister and Home Minister, Hon Badri Prasad Mandal, Office of the Deputy Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: +977 1 424 0942
Foreign Secretary, Madhu Raman Acharya, Ministry of Foreign Affairs, Shital Niwas, Maharajgunj, Kathmandu, Nepal, Fax: +977 1 441 6016/6007
Minister of Home Affairs, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: +977 1 424 0942
Ambassador to the United Nations, H.E. Dr. Shambhu Ram Simkhada, 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
Please also write to the embassies of Nepal in your respective country.
Geneva, September 12th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary detention/Incommunicado detention/Risk of torture/Torture
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 Asian Human Rights Commission, a member of the OMCT network, of the illegal arrest and torture of Ravi Kiran Regmi by the army security personnel in Nepal.
According to the information received, On September 4th, Mr. Ravi Kiran Regmi (alias Nirjeeb), age 59, was arrested at home around 6:00 a.m. by the army security forces. He was then brought to the Bharatpur Army Barracks where he is still being held. No one, including his family members, has been permitted to see him. Mr. Regmi was accused by the army security forces of supporting the Maoists, which have been declared terrorists by the Nepalese government. He has also been involved in human rights activities in his local area for a long time.
According to family members, Mr. Regmi suffers from diabetes, high blood pressure, and kidney problems. He has allegedly been injured in the barracks by army personnel, and his family members are concerned for his current health condition. Also, they cannot be sure where he is currently being held.
Since 1996, many innocent Nepalese people have suffered from the violent conflict between the government and the Maoists. The Nepalese government declared a cease-fire to start peace talks with the Maoists from January to August 2003. However, the cease-fire was broken on August 27th, 2003, and Nepalese civilians are once again at risk, especially women and children. Army soldiers and police officers frequently arbitrarily arrest people without due process.
In addition, in Nepal there is no specific law defining torture as a crime. Even in the Torture Compensation Act (TCA), torture is not defined as a crime. In the TCA, compensation may be awarded to victims of torture, but the perpetrators are not punishable because they have not committed a crime under domestic law. Even though torture is not defined as a crime by law, the Civil Code gives fines/punishment according to the nature of the wound. However, it does not make any provision for the psychological effects of torture. Even more important is the fact that even this 'beating' section of the Civil Code does not provide any specific provision for assault which has taken place whilst the victim is in custody, that is, with state involvement.
OMCT is gravely concerned for the physical and psychological integrity of Mr. Regmi. OMCT fears that there is a high risk of torture occurring in the custody of the Nepalese Army Security Forces. OMCT urges that Mr. Regmi is released immediately and calls upon the Nepalese authorities to bring an end to these acts.
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 the Mr. Regmi;
ii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. guarantee that the Mr. Regmi is granted access to legal representation and family visits;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Prime Minister, Rt Hon Lokendra Bahadur Chand, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: +977 1 422 3838/442 8220/442 8570
Deputy Prime Minister and Home Minister, Hon Badri Prasad Mandal, Office of the Deputy Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: +977 1 424 0942
Foreign Secretary, Madhu Raman Acharya, Ministry of Foreign Affairs, Shital Niwas, Maharajgunj, Kathmandu, Nepal, Fax: +977 1 441 6016/6007
Minister of Home Affairs, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: +977 1 424 0942
Ambassador to the United Nations, H.E. Dr. Shambhu Ram Simkhada, 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
Please also write to the embassies of Nepal in your respective country.
Geneva, September 12th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.