Nepal
20.02.03
Urgent Interventions
Nepal: four arbitrary arrests under the and two cases of torture
Case NPL 200203
Arbitrary arrests / Incommunicado detention / Torture / Death threats
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 a reliable source of the arbitrary arrest of Atendra Neupani and Lal Bahadur Chalauni and torture of Mr. Bharat Sigdel and Mr. Nau Bahadur Tamang in Nepal.
According to the information received, on May 19th, 2002, 30-year old Mr. Bharat Sigdel, a permanent resident of Nuwakot District, Taruka-3, was arbitrarily arrested from his home at about 11 p.m. He was handed over to the District Police Office, Hanumandhoka and charged under the TADA (Terrorist and Disruptive Act). Although he was arrested on May 19th, the charges were not pressed until January 21st, 2003. He presented an appeal on January 26th, 2003, but the Court extended his detention.
When a lawyer from a local NGO visited him in custody on January 4th, 2003, he stated that on the night of his arrest a group of five to seven plainclothes policemen knocked on the door and once they had entered, tore the bedsheets and used them as blindfolds on Mr. Bharat Sigdel and two of his friends, Atendra Neupani and Lal Bahadur Chalauni. The three persons were then handcuffed and were asked for information about the leader of the Maoist rebels. Mr. Sigdel replied that he was a press reporter and did not know the leader, following which they were all brought to what they have described as a big hall. It is not currently known whether Atendra Neupani has since been released.
Mr. Sigdel was reportedly tortured for 48 hours, with only a few breaks, following his arrest. He reports that he was severely beaten on the thighs and was beaten with a plastic pipe and wooden sticks on the back, ribs and soles of his feet. Whenever he fell unconscious, they would pour water on his face and continue torturing him. Since he was blindfolded he was not sure how many policemen were torturing him. He later learned that he had been kept in the Mahendra Police Club for three days. On May 21st, 2002 he was brought to Jana Sewa Police Office where his blindfold was finally removed the next day. Until then he had been handcuffed and was not provided with any food for the first three days of his detention. He was provided with little food in the Jana Sewa Police Office and was not tortured, but was held in a room with nine other detainees.
On June 25th, 2002 he was brought to the Ward Police Office. On July 3rd he was brought back to the Jana Sewa Office. He was not beaten, but his life was threatened and the police routinely used foul language against him. On July 5th he was brought to Romeo Hall, Mahrajgunj Police Office, where 60 detainees from all around the valley were being held. It is suspected that the police were continuously moving the detainees so that none of them would recognize where they were. The same night he was brought back to the Jana Sewa Police Office. On July 17th he was brought to the District Police Office, Hanumandhoka on a detention order from the Deputy CDO and was kept in preventative detention under the TADA in the Central jail. He was provided with basic medical care there, but was also forced to sign a document stating that he had been arrested in Thapathali while “walking around.” He was then brought back to the Central jail on the 28th of October and was given a release order on the 21st of January 2003, but was then brought back to the District Police Office, Hanumandhoka.
Separately, 21-year old Mr. Nau Bahadur Tamang, a resident of Solokhombu District, Sallery-5, was arbitrarily arrested on July 24th, 2002. As he was walking home at approximately 4 pm, a group of around 20 men in military uniform arrested him, claiming that they needed to conduct an inquiry. They tied his hands behind his back and covered his head with a black hood. He was then taken to the army barracks in Dolkha-Jiri.
In the barracks at approximately 5 p.m. they blindfolded him and began torturing him continuously until midnight. Mr. Tamang assumes that there were at least 10-12 men beating his body with wooden sticks and boots. He was made to lie down, after which they poured water over his face from a 20-litre container. He was then given electric shocks on his ankle joints and fingertips. He was also severely beaten on the neck with a wooden stick. Half of his body was then submerged into a pit and he was forced to maintain his position for 15 minutes. After being taken out of the pit, approximately 12-13 members of the armed forces encircled him while he was on the floor and took turns beating him for a total of 30 minutes. After this he was given a meal.
From then on, the members of the armed forces had reportedly been administering daily beatings for the approximately two-month period that he remained detained in the barracks. Due to the severe physical torture, he now suffers from spells of unconsciousness, his left ribs are fractured, his eyes are weak and sensitive, he experiences numbness in his feet and has extreme pain in his hands due to the electric shocks. He is also unable to move his neck freely and is having trouble eating. Mr. Tamang was taken to the District Police Office, Hanumandhoka on October 25th, 2002 at around 5 pm, and was detained incommunicado for three months. It is noteworthy that he was only charged under TADA and taken to court on January 9th, 2003, nearly six months after his arrest.
According to the information received, Mr. Bharat Sigdel, Mr. Nau Bahadur Tamang and Lal Bahadur Chalauni were presented to the Appellate Court, Lalitpur for remand. They were first presented to the court on January 26th, 2003 and the court had given them 20-day detention orders, although these have subsequently been extended. Persons that are charged under the TADA, can reportedly be kept in detention for investigation for a maximum period of 60 days.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Bharat Sigdel, Mr. Nau Bahadur Tamang and Lal Bahadur Chalauni, as they remain in detention and therefore run further risks of being subjected to ill-treatment and potentially torture. They also require urgent medical assistance as a result of the torture to which they have been subjected. OMCT is also seriously concerned by the very poor human rights situation prevailing in Nepal, notably measures taken by the Nepalese authorities under the Terrorist and Disruptive Act, such as the alleged use of arbitrary arrests, incommunicado detention, ill-treatment, torture and death threats. Furthermore, OMCT is concerned by the possibility that the perpetrators of these acts will be allowed to enjoy impunity, as is almost systematically the case in Nepal, due to the fact that no investigation has yet been launched into these grave allegations. Finally, OMCT is also gravely concerned about Atendra Neupani’s personal integrity, as it has not been able to establish his whereabouts.
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 Mr. Bharat Sigdel, Mr. Nau Bahadur Tamang, Lal Bahadur Chalauni and Atendra Neupani;
ii. intervene with the appropriate authorities in order to secure that adequate medical assistance is provided as a matter of urgency to the afore-mentioned persons;
iii. order their immediate release in the absence of valid legal charges 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 these arrests and allegations of torture, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
v. guarantee adequate reparation to all injured people;
vi. guarantee the respect of human rights and the fundamental freedoms throughout Nepal in accordance with international human rights standards.
Addresses
Note: if you have any trouble with the fax number below, please send you letters to the Ambassador in Geneva.
· Lokendra Bahadur Chand, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: + 977 1 227 286
· Hon Khum Bahadur Khadka, Home Affairs Minister, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: + 977 1 241 942 / 244 484
· General Pyar Jung Thapa, Chief of Army Staff (COAS), Kathmandu, Nepal, Fax: + 977 1 242 168
· Madan Prasad Aryal, Defence Secretary, Ministry of Defence, Singha Durbar, Kathmandu, Nepal, Fax: + 977 1 228 204
· Shyam Bhakta Thapa, Inspector General of Police, Police Headquarters, GPO Box 407, Naxal, Kathmandu, Nepal, Fax: + 977 1 415 593/415 594
· H.E. Dr. Shambhu Ram Simkhada, Ambassador to the United Nations, Permanent Mission of the Kingdom of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: + 41 22 7332722; E-mail: mission.nepal@ties.itu.int
Please also write to the embassies of Nepal in your respective country.
Geneva, February 20th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrests / Incommunicado detention / Torture / Death threats
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 a reliable source of the arbitrary arrest of Atendra Neupani and Lal Bahadur Chalauni and torture of Mr. Bharat Sigdel and Mr. Nau Bahadur Tamang in Nepal.
According to the information received, on May 19th, 2002, 30-year old Mr. Bharat Sigdel, a permanent resident of Nuwakot District, Taruka-3, was arbitrarily arrested from his home at about 11 p.m. He was handed over to the District Police Office, Hanumandhoka and charged under the TADA (Terrorist and Disruptive Act). Although he was arrested on May 19th, the charges were not pressed until January 21st, 2003. He presented an appeal on January 26th, 2003, but the Court extended his detention.
When a lawyer from a local NGO visited him in custody on January 4th, 2003, he stated that on the night of his arrest a group of five to seven plainclothes policemen knocked on the door and once they had entered, tore the bedsheets and used them as blindfolds on Mr. Bharat Sigdel and two of his friends, Atendra Neupani and Lal Bahadur Chalauni. The three persons were then handcuffed and were asked for information about the leader of the Maoist rebels. Mr. Sigdel replied that he was a press reporter and did not know the leader, following which they were all brought to what they have described as a big hall. It is not currently known whether Atendra Neupani has since been released.
Mr. Sigdel was reportedly tortured for 48 hours, with only a few breaks, following his arrest. He reports that he was severely beaten on the thighs and was beaten with a plastic pipe and wooden sticks on the back, ribs and soles of his feet. Whenever he fell unconscious, they would pour water on his face and continue torturing him. Since he was blindfolded he was not sure how many policemen were torturing him. He later learned that he had been kept in the Mahendra Police Club for three days. On May 21st, 2002 he was brought to Jana Sewa Police Office where his blindfold was finally removed the next day. Until then he had been handcuffed and was not provided with any food for the first three days of his detention. He was provided with little food in the Jana Sewa Police Office and was not tortured, but was held in a room with nine other detainees.
On June 25th, 2002 he was brought to the Ward Police Office. On July 3rd he was brought back to the Jana Sewa Office. He was not beaten, but his life was threatened and the police routinely used foul language against him. On July 5th he was brought to Romeo Hall, Mahrajgunj Police Office, where 60 detainees from all around the valley were being held. It is suspected that the police were continuously moving the detainees so that none of them would recognize where they were. The same night he was brought back to the Jana Sewa Police Office. On July 17th he was brought to the District Police Office, Hanumandhoka on a detention order from the Deputy CDO and was kept in preventative detention under the TADA in the Central jail. He was provided with basic medical care there, but was also forced to sign a document stating that he had been arrested in Thapathali while “walking around.” He was then brought back to the Central jail on the 28th of October and was given a release order on the 21st of January 2003, but was then brought back to the District Police Office, Hanumandhoka.
Separately, 21-year old Mr. Nau Bahadur Tamang, a resident of Solokhombu District, Sallery-5, was arbitrarily arrested on July 24th, 2002. As he was walking home at approximately 4 pm, a group of around 20 men in military uniform arrested him, claiming that they needed to conduct an inquiry. They tied his hands behind his back and covered his head with a black hood. He was then taken to the army barracks in Dolkha-Jiri.
In the barracks at approximately 5 p.m. they blindfolded him and began torturing him continuously until midnight. Mr. Tamang assumes that there were at least 10-12 men beating his body with wooden sticks and boots. He was made to lie down, after which they poured water over his face from a 20-litre container. He was then given electric shocks on his ankle joints and fingertips. He was also severely beaten on the neck with a wooden stick. Half of his body was then submerged into a pit and he was forced to maintain his position for 15 minutes. After being taken out of the pit, approximately 12-13 members of the armed forces encircled him while he was on the floor and took turns beating him for a total of 30 minutes. After this he was given a meal.
From then on, the members of the armed forces had reportedly been administering daily beatings for the approximately two-month period that he remained detained in the barracks. Due to the severe physical torture, he now suffers from spells of unconsciousness, his left ribs are fractured, his eyes are weak and sensitive, he experiences numbness in his feet and has extreme pain in his hands due to the electric shocks. He is also unable to move his neck freely and is having trouble eating. Mr. Tamang was taken to the District Police Office, Hanumandhoka on October 25th, 2002 at around 5 pm, and was detained incommunicado for three months. It is noteworthy that he was only charged under TADA and taken to court on January 9th, 2003, nearly six months after his arrest.
According to the information received, Mr. Bharat Sigdel, Mr. Nau Bahadur Tamang and Lal Bahadur Chalauni were presented to the Appellate Court, Lalitpur for remand. They were first presented to the court on January 26th, 2003 and the court had given them 20-day detention orders, although these have subsequently been extended. Persons that are charged under the TADA, can reportedly be kept in detention for investigation for a maximum period of 60 days.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Bharat Sigdel, Mr. Nau Bahadur Tamang and Lal Bahadur Chalauni, as they remain in detention and therefore run further risks of being subjected to ill-treatment and potentially torture. They also require urgent medical assistance as a result of the torture to which they have been subjected. OMCT is also seriously concerned by the very poor human rights situation prevailing in Nepal, notably measures taken by the Nepalese authorities under the Terrorist and Disruptive Act, such as the alleged use of arbitrary arrests, incommunicado detention, ill-treatment, torture and death threats. Furthermore, OMCT is concerned by the possibility that the perpetrators of these acts will be allowed to enjoy impunity, as is almost systematically the case in Nepal, due to the fact that no investigation has yet been launched into these grave allegations. Finally, OMCT is also gravely concerned about Atendra Neupani’s personal integrity, as it has not been able to establish his whereabouts.
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 Mr. Bharat Sigdel, Mr. Nau Bahadur Tamang, Lal Bahadur Chalauni and Atendra Neupani;
ii. intervene with the appropriate authorities in order to secure that adequate medical assistance is provided as a matter of urgency to the afore-mentioned persons;
iii. order their immediate release in the absence of valid legal charges 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 these arrests and allegations of torture, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
v. guarantee adequate reparation to all injured people;
vi. guarantee the respect of human rights and the fundamental freedoms throughout Nepal in accordance with international human rights standards.
Addresses
Note: if you have any trouble with the fax number below, please send you letters to the Ambassador in Geneva.
· Lokendra Bahadur Chand, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: + 977 1 227 286
· Hon Khum Bahadur Khadka, Home Affairs Minister, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: + 977 1 241 942 / 244 484
· General Pyar Jung Thapa, Chief of Army Staff (COAS), Kathmandu, Nepal, Fax: + 977 1 242 168
· Madan Prasad Aryal, Defence Secretary, Ministry of Defence, Singha Durbar, Kathmandu, Nepal, Fax: + 977 1 228 204
· Shyam Bhakta Thapa, Inspector General of Police, Police Headquarters, GPO Box 407, Naxal, Kathmandu, Nepal, Fax: + 977 1 415 593/415 594
· H.E. Dr. Shambhu Ram Simkhada, Ambassador to the United Nations, Permanent Mission of the Kingdom of Nepal, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: + 41 22 7332722; E-mail: mission.nepal@ties.itu.int
Please also write to the embassies of Nepal in your respective country.
Geneva, February 20th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.