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The Reports and Urgent Action Appeals Of 'The Human Rights Actions Network'

The World Organization Against Torture

SOS-Torture

Urgent Action

Nepal: Human Rights Activist Released

New Information

NPL 001 / 9806 / OBS 39.01

Release

NEPAL

25 June 1998

The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and OMCT, has just been informed of the release of Mr. Gopal Siwakoti "Chintan", on June 24th, in Nepal.

Reminder of the situation:

The Observatory had been informed by reliable sources of the arbitrary arrest of Mr. Gopal Siwakoti « Chintan », a Nepali human rights activist, on June 14th, at 3 :30 pm in Kathmandu. It is believed that he was being detained at the Hanuman Dhoka police station in Kathmandu. On June 24th, the Observatory had been informed that Mr. Gopal Siwakoti « Chintan » was tried before the District Court.

On June 15th, 1998, he had been presented to the Kathmandu District Court where he was charged with anti-state crimes for disturbing the public order and peace and for being involved in pro-Maoist activities, prejudicial to national integrity and sovereignty.

Mr. Siwakoti's arrest took place immediately before the beginning of a discussion programme on the « Suppression of Maoists' People's War, Adherence of the Law and Dissemination of Information », organised by the National Concern Society.

The Observatory recalled that the arbitrary arrest of Mr. Gopal Siwakoti is a transgression of Nepal's Constitution adopted by the government eight years ago. It also expressed its concern for the human rights situation in Nepal which is being threatened by the governmental repression of human rights activists, justified as a

means to fight against the Maoist insurgency.

New information:

The Observatory has just been informed by a reliable source of the release of

Mr. Gopal Siwakoti « Chintan », on June 24th, 1998, following his hearing at the District Court. His release is conditional upon his obligation to report to the police whenever they so desire.

The Observatory welcomes his release and extends its thanks to all those organisations and individuals who intervened on his behalf.

Geneva - Paris, 25 June 1998

Actions on Nepal

OMCT/SOS-Torture - Current Actions

Edited and published online by Derechos Human Rights.

http://www.derechos.org/omct/actions/npl/2.html

The Human Rights Actions Network

www.derechos.org/human-rights/actions/

ACTION REQUEST

Nepal: Arbitrary Arrest of minors

Child Concern

Case NPL 010998.CC

The International Secretariat of OMCT requests your urgent intervention regarding the following situation in Nepal.

Brief description of the situation :

The International Secretariat has just been informed by the Forum for the Protection of Human Rights (FOPHUR), member of the OMCT network, of the arbitrary arrest, on July 16th, 1998, of Lok Bahadur Rana (15 years old), Shankar Adhikari (16 years old), Tok Bahadur Lama (16 years old), Forsang Lama (16 years old), Maya Waiba (17 years old) and Ramita Lama.

According to the information received from the FOPHUR, Lok Bahadur Rana, Shankar Adhikari and Tok Bahadur Lama were wounded by the police before being arrested at the Durlung Lalitpur District. Forsang Lama, Maya Waiba and Ramita Lama were also arrested in the Thula Durlung Lalitpur District on July 16th. It is believed that they are all being held in detention at the Lalitpur Police Station.

According to the same information, all six of them have been charged under the State Offensive Act of 1990.

All six of them have reportedly been denied access to legal counsel and from receiving any visits which raises grave concerns about their physical and psychological integrity.

Actions requested :

Please write to the Nepalese authorities urging them to:

i.- guarantee the physical and psychological integrity of Lok Bahadur Rana, Shankar Adhikari, Tok Bahadur Lama, Forsang Lama, Maya Waiba and Ramita Lama;

ii.-order their immediate release if they are still held in detention or, in the event that they have been charged, ensure that their case is tried before a competent court as well as their right to legal counsel;

iii.-ensure in all circumstances respect for human rights and fundamental freedoms in accordance with national laws and international standards.

Addresses:

Prime Minister Girija Koirala. Singh Darbar, Kathmandu

Fax : + 977 1 227286 Tel : +977 1 227955

The Minister for Home Affairs, Ministry of Home Affairs, Singh Darbar, Kathmandu, Nepal. Fax : + 977 1 227 187 Tel: +977 1 224737

Mr Moti Lal Bohra, Inspector General of Police, Police Headquarters, Naxal, Kathmandu, Nepal. Fax: + 977 1 415 594 Tel :+977 1 411210

Minister of Law and Justice, Singh Darbar, Kathmandu, Nepal.

Inspector General of Police, Police Headquarters, Naxal, Kathmandu, Nepal.

Fax: + 977 1 415 594 Tel :+977 1 411210

Attorney General of Nepal, Office of Attorney General of Nepal, Singh Darbar, Kathmandu, Nepal. Fax: + 977 1 22 72 82 Tel :+977 1 227197

Geneva, 1 September 1998

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old. http://www.derechos.org/human-rights/actions/sos/nepal2.html

Urgent Action

Nepal: Severe Deterioration of Human Rights Situation

NPL 230698

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Nepal.

Brief description of the situation:

The International Secretariat has received various reports of a severe deterioration in the human rights situation in Nepal, following what appears to be a campaign on the part of the authorities to put an end, by force, to an armed Maoist insurgent movement in remote regions of Nepal.

According to the information received, following the visit of the Maoist-controlled areas, by Prime Minister Girija Koirala, on May 26th, massive police operations were started in many districts which has been described by press reports as Operation Kilo Sera To. Police, in what are believed to be huge numbers, have been mobilised in the

affected areas. The police operation is being led by Additional Inspector General of Police(AIG) Mr. Ram Kaji Bantawa.

The 10 main districts where police operations are being conducted are: Sindhuli, Kavre, Gorkha, Tanahun, Pyuthan, Rolpa, Salyan, Rukum, Jajarkot, and Surkhet. According to the information received, summary executions, arrests and torture have been carried out on an extremely wide scale by the authorities. There are also allegations of incidences of mass-rape of both women and girls. The allegations

further suggest that those killed are being buried in mass-graves or the bodies are disposed of by burning or being thrown into rivers. Given the remoteness of the areas involved, and the arrival of the monsoon, expected in two weeks,  access to the areas is extremely limited.

Many areas are sealed off by the armed police and people are not allowed to move in and out making it impossible for villagers to till their fields, collect fodder & fuel wood, tend to their cattle and carry out other household activities

In press statements made to the national press, the government has so far admitted killing 44 persons, that they have described as Maoist rebels. In addition, they claim 380 persons have been arrested, of whom 272 have been released, while cases have been filed against 27. The remaining 81 are being interrogated for their involvement in the insurgency.

OMCT is gravely concerned that the figures may be greater than those quoted by the government. Previous police operations particularly in Rukum and Rolpa district (see for example cases NPL 200296 and NPL 040396) in similar actions against "insurgents" resulted in grave violation of human rights on both sides, including arbitrary arrest, torture and extra-judicial killings. The victims of these actions included a great many innocent bystanders.

The gravity of the situation appears to have been such that the authorities have begun taking action against those human rights defenders that have attempted to denounce the situation. The Observatory for Human Rights Defenders, a joint programme of the OMCT and FIDH, have released an urgent appeal for the Nepali human rights defender, Chintan Siwakoti, who has been arrested on charges relating to his attempts to denounce the violations of human rights in the affected areas (see case OBS NPL 001 / 9806 / OBS 039).

Given the circumstances of the situation, OMCT can only express its grave concern for the physical and psychological integrity of the people in the affected areas and those persons seeking to denounce the violations.

OMCT is particularly concerned that the events appear to be accompanied by moves by the police to extend their powers to combat Maoist insurgents. These include pressure to detain suspects for longer periods of time.

Action requested:

Please write the Nepali authorities urging them to:

i. guarantee the physical and psychological integrity of all persons in the affected areas of Nepal, particularly those held in connection with the police operation;

ii. put an immediate end to Kilo Sera To operation and ensure any future actions of the police conform to basic human rights and fundamental freedoms ;

iii. order the immediate release of all those who are detained without valid charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;

iv.  open a full impartial enquiry into all the events, identify those responsible, bring them to trial and apply the civil, penal and/or administrative sanctions provided by legislation;

v. ensure in all circumstances respect for human rights and fundamental freedoms in accordance with national laws and international standards.

Addresses:

Prime Minister Girija Koirala. Singh Darbar, Kathmandu

Fax : + 977 1 227286 Tel : +977 1 227955

The Minister for Home Affairs, Ministry of Home Affairs, Singh Darbar,

Kathmandu, Nepal. Fax : + 977 1 227 187 Tel: +977 1 224737

Mr Moti Lal Bohra, Inspector General of Police, Police Headquarters,

Naxal, Kathmandu, Nepal. Fax: + 977 1 415 594 Tel :+977 1 411210

Minister of Law and Justice, Singh Darbar, Kathmandu, Nepal.

Inspector General of Police, Police Headquarters, Naxal, Kathmandu,

Nepal. Fax: + 977 1 415 594 Tel :+977 1 411210

Attorney General of Nepal, Office of Attorney General of Nepal, Singh

Darbar, Kathmandu, Nepal. Fax: + 977 1 22 72 82 Tel :+977 1 227197

Geneva, 23 June 1998

Please inform us of any action undertaken quoting the code number of

this appeal in your reply.

ACTION REQUEST

Nepal: Torture and maltreatment of young woman

CHILD CONCERN / VIOLENCE AGAINST WOMEN

Case NPL 180698.VAW/CC

The International Secretariat of OMCT requests your URGENT intervention regarding the following situation in Nepal.

Brief description of the situation:

The International Secretariat has just been informed by a reliable source of the torture and maltreatment of a young, married woman, Mrs. Bina K.C., 17 years of age, detained in the Central Jail Kathmandu, Nepal.

According to the information received, Mrs. Bina K.C. has been detained for approximately one month, charged with a public offence (a quarrel between neighbours). She is a domestic servant in a foreigner's house and her husband is a worker in a loca