Nepal
06.12.04
Urgent Interventions
Nepal : Re-arrest of a 16 year old despite a court order
NPL 061204.CC
CHILD CONCERN
Arbitrary arrest and illegal detention / ill-treatment / illegal re-arrest
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 re-arrest and illegal detention of Jhurri Teli, a 16 year old boy, on November 29th 2004, and of the subsequent police inaction resulting in the impunity of the perpetrators of this crime.
According to the information received, Jhurri Teli, resident of Belhiya VDC-7 Banke district Nepal, was detained illegally since 9 September 2004. A writ of habeas corpus was filed at the appellate court Nepalgunj on 16 November 2004. On 28 November 2004, the Appellate Court of Nepalgunj found the detention illegal and issued a release order. However, Jhurri Teli was re-arrested by a police team under the command of Mr. Ragendra Prasad Bhatta from the District Police Office Banke.
On 9 September 2004, Jhurri Teli was arrested by the plane-cloths security force from the Nepagunj Municipality-16, at about 7 o’clock in the morning when he was going for his medical check-ups and to buy some medicine against his headache. One of the security men approached him and asked for his name. A second security man came, tied Jhurri Teli’s hands on his back and blindfolded him. Both interrogated him for half an hour about Maoist activities. He was also reportedly beaten-up during this interrogation. After this, Jhurri Teli was put in an army vehicle and taken to Western Pritana Headquarters (western region army barracks), Imamnagar, Ranjha, Banke. He was detained in the same barrack for 7 days.
In the barrack Jhurri Teli remained blindfolded and his hands were tied back most of the time. He was not allowed to receive any visitors, not even members of his family.
After a week (on 15 November 2004), Jhurri Teli was brought to the District Police Office, Banke with an army vehicle and was kept there for one night. He was asked to give his statement and to sign a document. Jurri Teli claims not having been allowed to read this document and says that nobody read it loud for him either.
On 16 September 2004 at 10 am, he was allegedly brought to Banke Prison and detained there. The same day, Jhurri Teli received a detention order signed by the deputy of the District Administrative Office on behalf of the Chief District Officer. It established a preventive detention under the Public Security Act.
On the request of the family members, Advocacy Forum helped to file a writ of habeas corpus at the Appellate Court of Nepalgunj on 23 September 2004 and pleaded on behalf of them at the court.
On 28 November 2004, the Appellate Court decided that Jhurri Teli’s detention was illegal and issued a release order. However, the next day at about 2.00 pm, in the presence of lawyers and several representatives of human rights organizations, a police team under the command of Police Inspector Rajendra Prasad Bhatta arrived in a van (Ma-1, Cha-116), re-arrested the boy and took him away.
The International Secretariat of OMCT is gravely concerned about this case of arbitrary arrest, illegal detention and ill-treatment of a 16 year old child, as well as about the impunity the perpetrators have benefited from. Jhurri Teli’s whereabouts remains unknown, giving rise to fears that he may be subjected to further ill-treatment. The OMCT would also like to remind that article 37 of the Convention on the Rights of the Child, to which the Nepal is a state party, states that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” and that “No child shall be deprived of his or her liberty unlawfully or arbitrarily”. The OMCT calls on the authorities in Nepal to immediately locate his whereabouts, guarantee his personal integrity at all times, enforce the release order and launch a prompt, thorough and impartial investigation into the circumstances of these events in order to bring those responsible to justice. The OMCT also calls on the authorities to guarantee the security of Jhurri Teli and his family and to award them adequate compensation.
Action requested
Please write to the authorities in Nepal urging them to:
i. Take all measures necessary to guarantee the release and the physical and psychological integrity of the victim;
ii. 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 penal and/or civil sanctions as provided by law;
iii. Guarantee the security of the victim and its family and award them adequate compensation;
iv. Guarantee the respect of human rights and the fundamental freedoms, including children's rights, throughout the country in accordance with national laws and international human rights standards.
Addresses
Please also write the embassies of Nepal in your respective country.
Geneva, 6th December 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
CHILD CONCERN
Arbitrary arrest and illegal detention / ill-treatment / illegal re-arrest
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 re-arrest and illegal detention of Jhurri Teli, a 16 year old boy, on November 29th 2004, and of the subsequent police inaction resulting in the impunity of the perpetrators of this crime.
According to the information received, Jhurri Teli, resident of Belhiya VDC-7 Banke district Nepal, was detained illegally since 9 September 2004. A writ of habeas corpus was filed at the appellate court Nepalgunj on 16 November 2004. On 28 November 2004, the Appellate Court of Nepalgunj found the detention illegal and issued a release order. However, Jhurri Teli was re-arrested by a police team under the command of Mr. Ragendra Prasad Bhatta from the District Police Office Banke.
On 9 September 2004, Jhurri Teli was arrested by the plane-cloths security force from the Nepagunj Municipality-16, at about 7 o’clock in the morning when he was going for his medical check-ups and to buy some medicine against his headache. One of the security men approached him and asked for his name. A second security man came, tied Jhurri Teli’s hands on his back and blindfolded him. Both interrogated him for half an hour about Maoist activities. He was also reportedly beaten-up during this interrogation. After this, Jhurri Teli was put in an army vehicle and taken to Western Pritana Headquarters (western region army barracks), Imamnagar, Ranjha, Banke. He was detained in the same barrack for 7 days.
In the barrack Jhurri Teli remained blindfolded and his hands were tied back most of the time. He was not allowed to receive any visitors, not even members of his family.
After a week (on 15 November 2004), Jhurri Teli was brought to the District Police Office, Banke with an army vehicle and was kept there for one night. He was asked to give his statement and to sign a document. Jurri Teli claims not having been allowed to read this document and says that nobody read it loud for him either.
On 16 September 2004 at 10 am, he was allegedly brought to Banke Prison and detained there. The same day, Jhurri Teli received a detention order signed by the deputy of the District Administrative Office on behalf of the Chief District Officer. It established a preventive detention under the Public Security Act.
On the request of the family members, Advocacy Forum helped to file a writ of habeas corpus at the Appellate Court of Nepalgunj on 23 September 2004 and pleaded on behalf of them at the court.
On 28 November 2004, the Appellate Court decided that Jhurri Teli’s detention was illegal and issued a release order. However, the next day at about 2.00 pm, in the presence of lawyers and several representatives of human rights organizations, a police team under the command of Police Inspector Rajendra Prasad Bhatta arrived in a van (Ma-1, Cha-116), re-arrested the boy and took him away.
The International Secretariat of OMCT is gravely concerned about this case of arbitrary arrest, illegal detention and ill-treatment of a 16 year old child, as well as about the impunity the perpetrators have benefited from. Jhurri Teli’s whereabouts remains unknown, giving rise to fears that he may be subjected to further ill-treatment. The OMCT would also like to remind that article 37 of the Convention on the Rights of the Child, to which the Nepal is a state party, states that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” and that “No child shall be deprived of his or her liberty unlawfully or arbitrarily”. The OMCT calls on the authorities in Nepal to immediately locate his whereabouts, guarantee his personal integrity at all times, enforce the release order and launch a prompt, thorough and impartial investigation into the circumstances of these events in order to bring those responsible to justice. The OMCT also calls on the authorities to guarantee the security of Jhurri Teli and his family and to award them adequate compensation.
Action requested
Please write to the authorities in Nepal urging them to:
i. Take all measures necessary to guarantee the release and the physical and psychological integrity of the victim;
ii. 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 penal and/or civil sanctions as provided by law;
iii. Guarantee the security of the victim and its family and award them adequate compensation;
iv. Guarantee the respect of human rights and the fundamental freedoms, including children's rights, throughout the country in accordance with national laws and international human rights standards.
Addresses
- Mahadeo Prasad Yadav, Attorney General, Office of the Attorney General, Ramshahpath, Kathmandu, Nepal, Tel: +977 14 262548 (direct line)/262394 (through Personal Assistant), Fax: +977 14 262582, Email: fpattorney@most.gov.np
- Mr. Sher Bahadur Deuba, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Tel: +977 1 4 228555 or 227955, Fax: +977 1 4 227286/227765
- Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur Nepal, Tel: +977 15 547974 or 525659 or 547975, Fax: +977 15 547973, Email: nhrc@ntc.net.np
- Shyam Bhakta Thapa, Inspector General of Police (IGP), Police Head Quarter, Maharajganj, Kathmandu, Nepal, Tel: +977 14 412737 (direct)/412432 (O) or 414985 (R), Fax. +977 14 415593
- Deputy Superintendent of Police (DSP), Gairapatan, Pokhara, Kashki, Nepal, Tel: +977 61 520055/520033, Fax. +977 61 523699
Please also write the embassies of Nepal in your respective country.
Geneva, 6th December 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.