Nepal
05.06.03
Urgent Interventions
Nepal: severe attacks on demonstrators and torture of detainees
Case NPL 050603
Arbitrary arrests / Incommunicado detention / Torture / Risk of torture / Impunity
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, of a series of serious human rights abuses that have been perpetrated in Nepal in recent weeks.
According to the information received, on May 11th, 2003, Ramesh Sharma, a 36-year-old resident of Parsa, sustained serious injuries when the police violently repressed a peaceful rally. Mr. Sharma is a member of CPN-UML political party’s affiliated youth organisation and the chairman of the party's Kathmandu-Parsa contact forum. While he was participating in the demonstration in Ratnapark, Kathmandu, the police reportedly began beating Mr. Sharma, targeting his eyes with a spiked iron stick. He reportedly tried to protect himself, but the police attacked him repeatedly. Mr. Sahrma lost his right eye as a result of the attack, but, following treatment at the Tribhuwan University Teaching Hospital, was able to keep the use of his left eye.
According to the same source, on May 14, 2003, 50-year-old Pritwhi Kumar Prajapti, a resident of Bhakatapur Municipal-14 was severely beaten by police at a rally preceding the special meeting of the members of dissolved parliament against the royal regression. Mr. Prajapati, an activist of the All Nepal Revolutionary Peasants' Association (a sister organisation of Nepal Workers and Peasants' Party) was rendered unconscious by the tear gas that the police used to disperse the crowd. He was reportedly beaten by the police using the butts of their guns. His intestines were reportedly damaged severely in two places and they protruded through his anus. He also reportedly suffered from internal bleeding in his stomach as a result of the attack. The police made no attempts to help him and the other demonstrators had been chased away, leaving him lying in a pool of blood for two hours. By-passers later brought him to Bir Hospital. The health workers at the governmental hospital apparently ignored the fact that he required emergency treatment for his injuries, providing him only with saline water. He is now reportedly receiving treatment at cabin no. 6, Kathmandu Model Hospital, although it is not clear whether he is being provided with adequate medical assistance at the moment.
Separately, eight persons from the dalit-Ram community were arrested on May 27, 2003, by members of the police in Siraha, in connection with looting which occurred at Bishnu Shrestha's house in Bastipur Village Development Committee. Ashok Ram, Phaguniya Ram, Chamak Ram, Hari Har Ram, Arjun Ram and Ram Lakhan Ram of Bastipur Village Development Committee-8, Rupi Ram of Bachharwa VDC, and Pabitar Ram of Kalyanpur Kalabanjar VDC were arrested. According to Dev Raj Pokhrel, the INSEC district representative, these eight men were not the looters, and are the members of the band that had gone to Mr. Shrestha's home to play on the occasion of his son’s wedding on May 26th, 2003. The detainees have reportedly been tortured and are not being allowed access to legal counsel or family visits. Chamak Ram, Ram Lakhan Ram and Ashok Ram were all so severely tortured that they had to be brought to the hospital on May 29th, 2003. When they were discharged back into detention from the hospital the following day, the torture reportedly began again.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned persons, notably the persons that remain in detention and who are allegedly being subjected to torture. OMCT condemns the Nepalese authorities use of disproportionate force on the peaceful demonstrators, notably the severe attacks on Mr. Ramesh Sharma and Mr. Pritwhi Kumar Prajapti, as well as the arbitrary and discriminatory arrests and use of torture upon the eight members of the dalit-Ram community. OMCT is particularly concerned by the allegations of torture surrounding the detention of these eight men. OMCT calls on the Nepalese government to guarantee the personal integrity of all of the afore-mentioned persons and to order the immediate release of the detainees in the absence of valid legal charges that are in line with international law, or, if such charges exist, to ensure that the detainees receive a prompt and fair trial. OMCT calls on the Nepalese government to order an immediate inquiry into these events, notably the brutal attacks and use of torture, in order to establish those responsible and apply the sanctions provided for by law. OMCT calls on the authorities to guarantee that adequate reparation is provided to all person injured in relation with these events.
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 afore-mentioned persons;
ii. order the immediate release of the afore-mentioned detainees 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;
iii. guarantee that the detainees are granted access to legal representation and family visits;
iv. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of severe beatings and torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee adequate reparation to all injured persons, including immediate access to adequate medical assistance;
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
Note: if you encounter any problems with the fax numbers below, please send you letters via the Ambassador in Geneva.
§ Lokendra Bahadur Chand, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 227 286 / 422 3838 / 442 8220 / 442 8570
§ Hon Badri Prasad Mandal, Home Affairs Minister, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 424 0942
§ 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, June 5th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrests / Incommunicado detention / Torture / Risk of torture / Impunity
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, of a series of serious human rights abuses that have been perpetrated in Nepal in recent weeks.
According to the information received, on May 11th, 2003, Ramesh Sharma, a 36-year-old resident of Parsa, sustained serious injuries when the police violently repressed a peaceful rally. Mr. Sharma is a member of CPN-UML political party’s affiliated youth organisation and the chairman of the party's Kathmandu-Parsa contact forum. While he was participating in the demonstration in Ratnapark, Kathmandu, the police reportedly began beating Mr. Sharma, targeting his eyes with a spiked iron stick. He reportedly tried to protect himself, but the police attacked him repeatedly. Mr. Sahrma lost his right eye as a result of the attack, but, following treatment at the Tribhuwan University Teaching Hospital, was able to keep the use of his left eye.
According to the same source, on May 14, 2003, 50-year-old Pritwhi Kumar Prajapti, a resident of Bhakatapur Municipal-14 was severely beaten by police at a rally preceding the special meeting of the members of dissolved parliament against the royal regression. Mr. Prajapati, an activist of the All Nepal Revolutionary Peasants' Association (a sister organisation of Nepal Workers and Peasants' Party) was rendered unconscious by the tear gas that the police used to disperse the crowd. He was reportedly beaten by the police using the butts of their guns. His intestines were reportedly damaged severely in two places and they protruded through his anus. He also reportedly suffered from internal bleeding in his stomach as a result of the attack. The police made no attempts to help him and the other demonstrators had been chased away, leaving him lying in a pool of blood for two hours. By-passers later brought him to Bir Hospital. The health workers at the governmental hospital apparently ignored the fact that he required emergency treatment for his injuries, providing him only with saline water. He is now reportedly receiving treatment at cabin no. 6, Kathmandu Model Hospital, although it is not clear whether he is being provided with adequate medical assistance at the moment.
Separately, eight persons from the dalit-Ram community were arrested on May 27, 2003, by members of the police in Siraha, in connection with looting which occurred at Bishnu Shrestha's house in Bastipur Village Development Committee. Ashok Ram, Phaguniya Ram, Chamak Ram, Hari Har Ram, Arjun Ram and Ram Lakhan Ram of Bastipur Village Development Committee-8, Rupi Ram of Bachharwa VDC, and Pabitar Ram of Kalyanpur Kalabanjar VDC were arrested. According to Dev Raj Pokhrel, the INSEC district representative, these eight men were not the looters, and are the members of the band that had gone to Mr. Shrestha's home to play on the occasion of his son’s wedding on May 26th, 2003. The detainees have reportedly been tortured and are not being allowed access to legal counsel or family visits. Chamak Ram, Ram Lakhan Ram and Ashok Ram were all so severely tortured that they had to be brought to the hospital on May 29th, 2003. When they were discharged back into detention from the hospital the following day, the torture reportedly began again.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned persons, notably the persons that remain in detention and who are allegedly being subjected to torture. OMCT condemns the Nepalese authorities use of disproportionate force on the peaceful demonstrators, notably the severe attacks on Mr. Ramesh Sharma and Mr. Pritwhi Kumar Prajapti, as well as the arbitrary and discriminatory arrests and use of torture upon the eight members of the dalit-Ram community. OMCT is particularly concerned by the allegations of torture surrounding the detention of these eight men. OMCT calls on the Nepalese government to guarantee the personal integrity of all of the afore-mentioned persons and to order the immediate release of the detainees in the absence of valid legal charges that are in line with international law, or, if such charges exist, to ensure that the detainees receive a prompt and fair trial. OMCT calls on the Nepalese government to order an immediate inquiry into these events, notably the brutal attacks and use of torture, in order to establish those responsible and apply the sanctions provided for by law. OMCT calls on the authorities to guarantee that adequate reparation is provided to all person injured in relation with these events.
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 afore-mentioned persons;
ii. order the immediate release of the afore-mentioned detainees 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;
iii. guarantee that the detainees are granted access to legal representation and family visits;
iv. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of severe beatings and torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee adequate reparation to all injured persons, including immediate access to adequate medical assistance;
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
Note: if you encounter any problems with the fax numbers below, please send you letters via the Ambassador in Geneva.
§ Lokendra Bahadur Chand, Prime Minister, Office of the Prime Minister, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 227 286 / 422 3838 / 442 8220 / 442 8570
§ Hon Badri Prasad Mandal, Home Affairs Minister, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal, Fax: + (977 1) 424 0942
§ 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, June 5th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.