Nepal: Update and release of four people

Case NPL 280605.1 - Follow up to Case 280605

Arbitrary Arrest / Incommunicado Detention /Ill-treatment / Release

Geneva, July 8th 2005

The International Secretariat of OMCT requests your URGENT intervention in 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 release of four persons who were re-arrested by security forces in contravention of court orders, since the coup lead by the King of the Nepalese Army on 1 February 2005.

According to information received, the following people have been released:1. Navaraj Subedi 15 June political activist released 24 June
2. Ishwor Pojhrel 27 May political activist released 9 June
3. Jay Prakash Prasad Gupta 05 May civilian released 27 May
4. Chiranjivi Nidhi Tiwari 29 April civilian released 27 May

Reminder of the Situation:

According to information received, these four people were arbitrarily arrested and detained along with several other political activists and human rights defenders, following the coup on 1 February 2005. Between 1 February and 7 June 2005, more than 3400 political activists and human rights defenders were arrested and none of them has been informed of the reason for their arrest. Detainees are prohibited from speaking to family members, relatives and legal practitioners. Detainees are held in secret places in inhumane conditions and suffer from a lack of food, drinking water, appropriate shelter, clothing and health and sanitation facilities. In addition, detainees are suffering mental torture.

OMCT would like to draw attention to the fact that arbitrary arrest and detention is a violation of domestic and international laws, including: Article 9 of Universal Declaration of Human Rights; Article 9 of the International Covenant on Civil and Political Rights and Article 14 of the Constitution of the Kingdom of Nepal 1990. Furthermore, arbitrary arrest and detention is a violation of the Point 3-11 of the 25-point Commitment on the Implementation of Human Rights and International Humanitarian Law that the government of Nepal produced during the 60th session of the UN Commission on Human Rights on 26 March 2004 and more recently Agenda Item 19 passed during the 61st session of the UN Commission on Human Rights held on 15 April 2005.

The International Secretariat of OMCT wishes to thank the individuals and institutions who intervened on behalf of the above four persons. However, OMCT continues to be gravely concerned by the continued arbitrary arrest and detention of political activists, human rights defenders and civilians since King Gyandendra and the RNA seized effective control of all level of powers, declaring a state of emergency and suspending fundamental constitutional rights on February 1, 2005.

Action Requested:

Please write a letter to the authorities in Nepal urging them to:
i. Order the immediate release of the remaining political activists, human rights defenders and civilians in the absence of valid legal charges, and if such charges exist, to ensure that they are given a prompt and fair trial, in which their procedural rights are guaranteed at all times;
ii. Ensure the respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses:

• His Majesty King Gyanendra, Narayanhity Royal Palace, Durbar Marg, Kathmandu, Nepal
  c/o Permanent Mission of the Kingdom of Nepal to the United Nations, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 733 27 22; E-mail: mission.nepal@ties.itu.int
  
  
• Mr. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Email: nhrc@ntc.net.np

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

Geneva, July 8, 2005

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