NPL 002 / 0607 / OBS 061

Harassment

Nepal

June 5, 2007

The Observatory for the Protection of Human Rights Defenders, a joint
programme of the World Organisation Against Torture (OMCT) and the
International Federation for Human Rights (FIDH), requests your urgent
intervention in the following situation in Nepal.

Brief description of the situation:

The Observatory has been informed by reliable sources about obstacles to
the work of Advocacy Forum, a Nepalese non-governmental organisation
(NGO) that has been providing legal aid to detainees in police detention
centres since 2001.

According to the information received, while on a regular visit to the
police detention centre of Banke district on May 29, 2007, the lawyers
of Advocacy Forum were denied any access to the detainees by the
District Police Office (DPO). When the regional office of Advocacy Forum
in Midwestern, Banke district, attempted to regain access to the
detention centre by phoning the Chief of the DPO and the Superintendent
of Police (SP), Mr. Uttam Kark, the latter justified this denial by the
fact that Advocacy Forum would have “made unnecessary reports stating
that Bablu Rai was tortured by the police”.

Indeed, on May 22, 2007, Advocacy Forum had lodged a complaint to the
District Court of Banke on behalf of Mr. Bablu Rai, currently detained
at the District Police Office of Banke and who was subjected to acts of
torture while in detention [1].

On May 31, 2007, lawyers from the Regional Office of Advocacy Forum in
Nepalgunj met Mr. Uttam Kark and the Deputy Superintendent of Police
(DSP), Mr. Kuber Kadayat, to discuss the impasse. There, Mr. Uttam Kark
blamed Advocacy Forum for giving the DPO “unnecessary burdens”, and
questioned the relationship between the lawyers of Advocacy Forum and
the DPO detainees, before stating that lawyers of Advocacy Forum would
need a written request from the detainees to have access to them.
Furthermore, he accused Advocacy Forum of fabricating Mr. Bablu Rai’s
claim and promised that he “would continue to work on his own terms”.

Finally, on June 3, 2007, representatives from the central office of
Advocacy Forum in Kathmandu met Mr. Manoj K.C., of the Human Rights
Police Cell in the Kathmandu Police Headquarters, who stated that he
would discuss with the higher office at police headquarter and try to
solve the problem soon. However, no progress has yet been made.

The Observatory expresses its deep concern about these acts of
intimidation and obstacles to the human rights activities of Advocacy
Forum.

Actions required:

Please write to the Nepalese authorities urging them to:

i. Guarantee in all circumstances the physical and
psychological integrity of Advocacy Forum lawyers;

ii. Ensure that Advocacy Forum be granted again an
immediate access to detainees in police stations and put an end to any
kind of obstacle to their work;

iii. Put an end to any kind of act of harassment and
threats against Advocacy Forum lawyers as well as against all human
rights defenders in the country;

iv. Conform with the provisions of the UN Declaration on
Human Rights Defenders, adopted by the General Assembly of the United
Nations on December 9, 1998, especially its article 1, which states that
“everyone has the right, individually and in association with others, to
promote and to strive for the protection and realisation of human rights
and fundamental freedoms at the national and international levels” and
article 12.2, which states that “the State shall take all necessary
measures to ensure the protection by the competent authorities of
everyone, individually and in association with others, against any
violence, threats, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a consequence
of his or her legitimate exercise of the rights referred to in the
present Declaration”;

v. Ensure in all circumstances respect for human
rights and fundamental freedoms in accordance with international human
rights standards and international instruments ratified by Nepal.

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. Girija Prasad Koirala, Prime Minister, Singh Durbar,
Kathmandu, E-mail : info @opm.gov.np

· Mr. Nayan Bahadur Khatri, Chairman of the National Human
Rights Commission, Pulchowck, Lalitpur, Nepal; E-mail: nhrc ntc.net.np

· Home Minister Krishna Prasad Sitaula, Government of Nepal,
Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1
4211211 / 4211229, Fax: 97714211232 Email: moha wlink.com.np
 wlink.com.np>

· Mr. Baman Prasad Neupane, HR Cell, Government of Nepal
Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1
4 211 205/ 97714211206 Fax: +977 1 4211266

· Mr. Yagya Murti Banjade, Attorney General, Office of the
Attorney General, Ramshahpath, Kathmandu, Nepal, Fax : +97714262582,
Email : attorney mos.com.np

· Mr. Shaha Bir Thapa, Inspector General of the Armed Police
Force, Armed Police Headquarters, Swayam, Nepal, Fax: + 977 1 4 275 685,
E-mail: armedpolice wlink.com.np

· IGP Om Bikram Rana, Chief, Nepal Police Head Quarter, Naxal,
Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 737 / +977 1 4 412
732, Fax: +977 1 4 415 593. Email : phqigs nepalpolice.com.np

· SP Nava Raj Silwal, HR Cell, Nepal Police Head Quarter, Naxal,
Kathmandu, Nepal PO. Box. No.: 407, Tel: +977 1 4 411 618 Fax :
9771415593 E-mail: hrcell nepalpolice.gov.np

· Ambassador Thata Yarayan, Embassy of Nepal in Brussels,
Brugmannlaan 210, 1180 Brussels, Tel: +32 2 346 26 58 / 2 346 66 38,
Fax: +32 2 344 13 61, E-mail: rne.bru skynet.be

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

Geneva - Paris, June 5, 2007

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

The Observatory, a FIDH and OMCT venture, is dedicated to the protection
of Human Rights Defenders and aims to offer them concrete support in
their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the
French Republic.

To contact the Observatory, call the emergency line:

Email : Appeals fidh-omct.org

Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80

Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29

[1] mhtml:mid://00000002/#_ftnref1
See OMCT Urgent Appeal NPL 050607,
issued on June 5, 2007.

---

Isabelle Brachet

Desk Officer for Asia

International Federation for Human Rights (FIDH)

17, passage de la Main d’Or

75011 Paris – France

tel : + 33 1 43 55 25 18 / fax : + 33 1 43 55 18 80

www.fidh.org