Nepal: Forced disappearance of Mr. Hari Sharan Maharjan.

Case NPL 120704.1 - Follow up to case NPL 120704

Arbitrary arrest / Forced disappearance / Risk to personal integrity

Geneva, 5 July 2006

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information on the following situation in Nepal.

New information

The International Secretariat of OMCT has been informed by the Informal Sector Service Centre (INSEC), a member of the OMCT network, of the case of Mr. Hari Sharan Maharjan in Nepal.

According to the information received, Mr. Hari Sharan Maharjan was detained at Jagdal Battalion, Chhauni, after his arrest. This was confirmed by two witnesses, who said to have met Mr. Hari Sharan Maharjan at Chhauni in August - September 2004. Furthermore, Mr. Hari Sharan Maharjan is said to have been transferred to Mahabir Battalion, Balaju in October-November 2004. It is said that a habeas corpus was filed in the Supreme Court in November 2004 with a claim that Mr. Hari Sharan Maharjan had been arrested by plain-clothes army personnel. However, the army has denied its involvement in the case and his whereabouts remain unknown.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr Hari Sharan Maharjan, as his whereabouts remain unknown, giving rise to fears that he may be being subjected to ill-treatment, torture or potentially extra-judicial execution.

Reminder of the situation

According to the information received, Mr Hari Sharan Maharjan, aged 23, a resident of Bosigaun, ward no. 3 of Satungal VDC of Kathmandu district, was reportedly arrested by security personnel from the office of Machhindra Nath Brick Industry, ward no. 4, Satungal VDC, Kathmandu district on 2 July 2004 at 4 pm. According to a witness working at the same factory, a security person came, called Mr Hari Sharan Maharjan and took him away. His relatives have informed the National Human Rights Commission (NHRC) and the International Committee of the Red Cross (ICRC) about the case.

His whereabouts and reasons for his arrest are unknown. However, it may be related to the fact that the authorities suspect him of being a member or a supporter of the Communist Party of Nepal (CPN) (Maoist).

Action requested

Please write to the authorities in Nepal urging them to:
i. Immediately locate the whereabouts of Mr Hari Sharan Maharjan and take all measures necessary to guarantee his physical and psychological integrity;
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. Order a thorough and impartial investigation into the circumstances of this event in order to identify those responsible, bring them to trial and apply the civil, penal and/or administrative sanctions as provided by law;
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

• Home Minister Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4 211 212 / 4 211 27 4/ 4 211 224, Email: homehmg@wlink.com.np
  
• Mr. Baman Prasad Neupane, HR Cell, Government of Nepal Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1 4 211 205, Fax: +977 1 4 211 286/ 4211257
  
• Lt.Colonel Dharma Baniya, Chief, Nepal Army, HR Cell, Army Headquarter, Bhadrakali, Kathmandu, Nepal, Tel: +977 1 4 245 020 / +977 1 4 238 219, Fax: + 977 1 4 245 020, E-mail: humanrights@rna.mil.np
  
• IGP Om Bikram Rana, Chief, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 737 / +977 1 4 412 732, Fax: +977 1 4 415 593.
  
• SSP Ramesh Chand, HR Cell, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal PO. Box. No.: 407, Tel: +977 1 4 411 618, E-mail: hrcell@nepalpolice.gov.np
  
• 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
  
• Ambassador Thata Yarayan, Embassy of Nepal in Brussels, Brugmannlaan 210, 1180 Brussels, Tel: +32 2 346 26 58 / 2 346 66 38, Fax: +32 2 344 13 61, E-mail: rne.bru@skynet.be

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

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Geneva, 5 July 2006

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