Nepal
26.01.04
Urgent Interventions
Nepal: forced disappearances and extra-judicial executions
Case NPL 260104 / NPL 260104.CC
URGENT APPEAL / CHILD CONCERN
Arbitrary arrests and detention / Forced disappearance / Risk of
torture / Extra-judicial execution
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 INSEC, a
member of the OMCT network, and other reliable sources, of the forced
disappearance of eight persons and the extra-judicial execution of
three others, in Nepal.
According to the information received, the whereabouts of the
following eight persons, including two children, remain unknown since
their arrest and forced disappearance in Nepal:
· On January 8th, 2004, 48 year-old Dr. Birendra Jhapali, the
Director of Miteri Hospital at Kathmandu Metropolitan City-31,
Bagbazaar, was reportedly arrested at the hospital by two persons in
plain clothes claiming to be security personnel. According to his
wife, Rakhi Shreshta, who witnessed the incident, Jhapali was taken
away with information that he would be released within two hours
after he had answered some questions. His whereabouts and the cause
of arrest have not yet been disclosed.
· On December 28th, 2003, 16 year-old Shiva Ram Yadav, a student at
the Dahipaudi school, and a resident of Gauripur VDC-8, Siraha
district, was reportedly arrested by armed security personnel from
Gauripur-8 while he was going for tuition with his teacher
Jayapurwala. His whereabouts and cause of arrest is unknown.
· On December 18th, 2003, at 10.45 p.m. 35 year-old farmer Rajendra
Thapa, a resident of Likhu VDC-7 of Nuwakot district, was reportedly
arrested by a group of 5 plain clothed security personnel from his
rented room at Imadole, Lalitpur district. The Security personnel
reportedly drove him away in a Isuzu van that had a concealed number
plate. His political affiliation and reason of arrest are unknown.
Rita Thapa, the wife of the victim, who witnessed the incident, has
informed the National Human Rights Commission (NHRC) and the Royal
Nepalese Army's Human Rights cell about these events. His whereabouts
and the reason for his arrest are unknown.
· On December 18th, 2003, at 3.30 p.m., 28 year-old farmer Suresh
Kumar Pokhrel, a resident of Jagalsahiya-6, Bara district, was
reportedly arrested by armed security personnel from Tamagadi gate,
Bara while he was traveling on Dhrubatara bus (Na.A.Kha.3922) - a
public passenger vehicle. His whereabouts and the cause of arrest is
unknown.
· On December 6th, 2003, at midnight, 18 year-old Prakash Panta, a
student and resident of Madanpur VDC-8, Nuwakot district, was
reportedly arrested by around a dozen plainclothes security personnel
from his rented room at Mhaimpi, Kathmandu. Shree Ram Panta and Ram
Prasad Silwal witnessed the incident. Reason of arrest and his
whereabouts are unknown. His relatives have informed the NHRC and
Human Rights cell of Royal Nepalese Army about these events.
· On December 1st, 2003 at 11 p.m., 16 year-old Bishawmbar Lama, a
student and resident of Lalitpur Sub-Metropolis-4, was reportedly
arrested by armed security personnel from Sundarighat, Lalitpur
district, while he was returning home. According to an eyewitness
(his friend) Niraj Lama, security personnel drove him away in a white
colored four wheeler. His relatives have reportedly submitted an
application to District Police Officer complaining about his
disappearance. His whereabouts and reason of arrest have not yet been
disclosed.
· On November 15th, 2003, at 10.30 a.m., 28 year-old civil servant
Sujindra Maharjan was reportedly arrested by 5 plain clothed security
personnel from his home Kirtipur Municipality-14, Kathmandu district.
His whereabouts and the reason of arrest have not yet been disclosed.
· At midnight on September 5th, 2003, 50 year-old farmer Gambira Shah
Kanu, who is a resident of Hathiyahi VDC-1, Rautahat district, was
reportedly arrested by armed police from his house while he was
sleeping. According to an eyewitness (his wife) Sita Devi Kanu, a
group of 5 to 7 policemen took him away naked in a car. His
whereabouts and cause of arrest is unknown.
Separately, OMCT has been informed of the extra-judicial execution of
three youths on Wednesday, January 21st, 2004 by the security forces
in Kumari VDC, located in the southern part of Nuwakot district. The
soldiers reportedly killed Yadukumar Mudbhari and Rajan Puadasaini
(24 years old) at Akashedanda of Jhyangli and shot and killed a third
youth, Maniraj Mudbhari, who was allegedly returning home after
feeding the cattle at a farm. Yadukumar Mudbhari, the father of two
young children, who worked in Mumbai and had returned home during the
Dashain festival. There are three bullet shots wound on his body,
which was found sandwiched between rocks after he was killed. Rajan
Puadasaini reportedly worked at the Metro office in New Delhi and had
come home to celebrate Maghe Sankranti, a traditional festival day.
His dead body was found mutilated, his face shattered by bullets. The
two men were related and had left their homes on Wednesday at 8 am to
visit their in-laws.
The local community claims that the three assassinated youths were
under 26 years old and had no political affiliation whatsoever,
although the security forces claim that
they were affiliated to the Maoist rebels, who are currently engaged
in armed conflict with the authorities. The site of incident lies at
20 kilometres southeast from
Ranipowa. According to eye witnesses, the soldiers involved in the
incident had reportedly forcibly taken the signatures of local
people, who were forced to agree to say
that the people that they had killed were terrorists.
The International Secretariat of OMCT is gravely concerning by these
reports of forced disappearances and calls upon the authorities to
immediately locate these persons'
whereabouts, guarantee their personal integrity at all times and
release them in the absence of legal charges that are in line with
international law and standards.
Concerning the case of 16 year old Shiva Ram Yadav and Bishawmbar
Lama, OMCT recalls that Nepal, as a state party to the Convention of
the Rights of the Child, is
bound by the provisions that a child shall only be deprived of
liberty "(…) as a measure of last resort and for the shortest
appropriate period of time" (Art. 37 (b)), as well as
the "guarantee to be presumed innocent until proven guilty according
to law (i) and to have the matter determined without delay by a
competent, independent and impartial
authority or judicial body in a fair hearing according to law (iii)"
(Art. 40, §2.(b)). Concerning the forced disappearance and the
reported extra-judicial executions of the three
youths, OMCT urges the authorities to immediately launch impartial
investigations, in order to identify those responsible, bring them to
justice and award adequate
reparation to the victim or their families, in the case of the
deceased.
Action requested
Please write to the authorities in Nepal urging them to:
i. immediately locate the whereabouts of the eight victims of forced
disappearance ;
ii. take all measures necessary to guarantee their physical and
psychological integrity;
iii. order their immediate release in the absence of legal charges
that are consistent with international law and standards, or, if such
charges exist, bring them before
an impartial and competent tribunal and guarantee their procedural
rights at all times;
iv. order a thorough and impartial investigation into the
circumstances of these events, notably the forced disappearances and
extra-judicial executions, in order to
identify those responsible, bring them to trial and apply the penal
and/or administrative sanctions as provided by law;
v. guarantee that adequate reparation is provided to the victims of
these abuses, or their families;
vi. 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 Surya Bahadur Thapa, Prime Minister's Office, Singha
Durbar, Kathmandu, Nepal, Fax:+ 977 1 4 227 286
· General Pyar Jung Thapa, Chief of Army Staff (COAS), Army
Headquarters, Kathmandu, Nepal, Fax + 977 1 4 242 168
· Brigadier General B A K Sharma, Head, Army Human Rights Cell, Army
Headquarters, Kathmandu, Nepal, Fax: + 977 1 4 226 292 / 229 451
· 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
Please also write to the embassies of Nepal in your respective
country.
Geneva, January 26th, 2004
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : omct@omct.org
http://www.omct.org
URGENT APPEAL / CHILD CONCERN
Arbitrary arrests and detention / Forced disappearance / Risk of
torture / Extra-judicial execution
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 INSEC, a
member of the OMCT network, and other reliable sources, of the forced
disappearance of eight persons and the extra-judicial execution of
three others, in Nepal.
According to the information received, the whereabouts of the
following eight persons, including two children, remain unknown since
their arrest and forced disappearance in Nepal:
· On January 8th, 2004, 48 year-old Dr. Birendra Jhapali, the
Director of Miteri Hospital at Kathmandu Metropolitan City-31,
Bagbazaar, was reportedly arrested at the hospital by two persons in
plain clothes claiming to be security personnel. According to his
wife, Rakhi Shreshta, who witnessed the incident, Jhapali was taken
away with information that he would be released within two hours
after he had answered some questions. His whereabouts and the cause
of arrest have not yet been disclosed.
· On December 28th, 2003, 16 year-old Shiva Ram Yadav, a student at
the Dahipaudi school, and a resident of Gauripur VDC-8, Siraha
district, was reportedly arrested by armed security personnel from
Gauripur-8 while he was going for tuition with his teacher
Jayapurwala. His whereabouts and cause of arrest is unknown.
· On December 18th, 2003, at 10.45 p.m. 35 year-old farmer Rajendra
Thapa, a resident of Likhu VDC-7 of Nuwakot district, was reportedly
arrested by a group of 5 plain clothed security personnel from his
rented room at Imadole, Lalitpur district. The Security personnel
reportedly drove him away in a Isuzu van that had a concealed number
plate. His political affiliation and reason of arrest are unknown.
Rita Thapa, the wife of the victim, who witnessed the incident, has
informed the National Human Rights Commission (NHRC) and the Royal
Nepalese Army's Human Rights cell about these events. His whereabouts
and the reason for his arrest are unknown.
· On December 18th, 2003, at 3.30 p.m., 28 year-old farmer Suresh
Kumar Pokhrel, a resident of Jagalsahiya-6, Bara district, was
reportedly arrested by armed security personnel from Tamagadi gate,
Bara while he was traveling on Dhrubatara bus (Na.A.Kha.3922) - a
public passenger vehicle. His whereabouts and the cause of arrest is
unknown.
· On December 6th, 2003, at midnight, 18 year-old Prakash Panta, a
student and resident of Madanpur VDC-8, Nuwakot district, was
reportedly arrested by around a dozen plainclothes security personnel
from his rented room at Mhaimpi, Kathmandu. Shree Ram Panta and Ram
Prasad Silwal witnessed the incident. Reason of arrest and his
whereabouts are unknown. His relatives have informed the NHRC and
Human Rights cell of Royal Nepalese Army about these events.
· On December 1st, 2003 at 11 p.m., 16 year-old Bishawmbar Lama, a
student and resident of Lalitpur Sub-Metropolis-4, was reportedly
arrested by armed security personnel from Sundarighat, Lalitpur
district, while he was returning home. According to an eyewitness
(his friend) Niraj Lama, security personnel drove him away in a white
colored four wheeler. His relatives have reportedly submitted an
application to District Police Officer complaining about his
disappearance. His whereabouts and reason of arrest have not yet been
disclosed.
· On November 15th, 2003, at 10.30 a.m., 28 year-old civil servant
Sujindra Maharjan was reportedly arrested by 5 plain clothed security
personnel from his home Kirtipur Municipality-14, Kathmandu district.
His whereabouts and the reason of arrest have not yet been disclosed.
· At midnight on September 5th, 2003, 50 year-old farmer Gambira Shah
Kanu, who is a resident of Hathiyahi VDC-1, Rautahat district, was
reportedly arrested by armed police from his house while he was
sleeping. According to an eyewitness (his wife) Sita Devi Kanu, a
group of 5 to 7 policemen took him away naked in a car. His
whereabouts and cause of arrest is unknown.
Separately, OMCT has been informed of the extra-judicial execution of
three youths on Wednesday, January 21st, 2004 by the security forces
in Kumari VDC, located in the southern part of Nuwakot district. The
soldiers reportedly killed Yadukumar Mudbhari and Rajan Puadasaini
(24 years old) at Akashedanda of Jhyangli and shot and killed a third
youth, Maniraj Mudbhari, who was allegedly returning home after
feeding the cattle at a farm. Yadukumar Mudbhari, the father of two
young children, who worked in Mumbai and had returned home during the
Dashain festival. There are three bullet shots wound on his body,
which was found sandwiched between rocks after he was killed. Rajan
Puadasaini reportedly worked at the Metro office in New Delhi and had
come home to celebrate Maghe Sankranti, a traditional festival day.
His dead body was found mutilated, his face shattered by bullets. The
two men were related and had left their homes on Wednesday at 8 am to
visit their in-laws.
The local community claims that the three assassinated youths were
under 26 years old and had no political affiliation whatsoever,
although the security forces claim that
they were affiliated to the Maoist rebels, who are currently engaged
in armed conflict with the authorities. The site of incident lies at
20 kilometres southeast from
Ranipowa. According to eye witnesses, the soldiers involved in the
incident had reportedly forcibly taken the signatures of local
people, who were forced to agree to say
that the people that they had killed were terrorists.
The International Secretariat of OMCT is gravely concerning by these
reports of forced disappearances and calls upon the authorities to
immediately locate these persons'
whereabouts, guarantee their personal integrity at all times and
release them in the absence of legal charges that are in line with
international law and standards.
Concerning the case of 16 year old Shiva Ram Yadav and Bishawmbar
Lama, OMCT recalls that Nepal, as a state party to the Convention of
the Rights of the Child, is
bound by the provisions that a child shall only be deprived of
liberty "(…) as a measure of last resort and for the shortest
appropriate period of time" (Art. 37 (b)), as well as
the "guarantee to be presumed innocent until proven guilty according
to law (i) and to have the matter determined without delay by a
competent, independent and impartial
authority or judicial body in a fair hearing according to law (iii)"
(Art. 40, §2.(b)). Concerning the forced disappearance and the
reported extra-judicial executions of the three
youths, OMCT urges the authorities to immediately launch impartial
investigations, in order to identify those responsible, bring them to
justice and award adequate
reparation to the victim or their families, in the case of the
deceased.
Action requested
Please write to the authorities in Nepal urging them to:
i. immediately locate the whereabouts of the eight victims of forced
disappearance ;
ii. take all measures necessary to guarantee their physical and
psychological integrity;
iii. order their immediate release in the absence of legal charges
that are consistent with international law and standards, or, if such
charges exist, bring them before
an impartial and competent tribunal and guarantee their procedural
rights at all times;
iv. order a thorough and impartial investigation into the
circumstances of these events, notably the forced disappearances and
extra-judicial executions, in order to
identify those responsible, bring them to trial and apply the penal
and/or administrative sanctions as provided by law;
v. guarantee that adequate reparation is provided to the victims of
these abuses, or their families;
vi. 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 Surya Bahadur Thapa, Prime Minister's Office, Singha
Durbar, Kathmandu, Nepal, Fax:+ 977 1 4 227 286
· General Pyar Jung Thapa, Chief of Army Staff (COAS), Army
Headquarters, Kathmandu, Nepal, Fax + 977 1 4 242 168
· Brigadier General B A K Sharma, Head, Army Human Rights Cell, Army
Headquarters, Kathmandu, Nepal, Fax: + 977 1 4 226 292 / 229 451
· 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
Please also write to the embassies of Nepal in your respective
country.
Geneva, January 26th, 2004
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : omct@omct.org
http://www.omct.org