PUBLIC AI Index: ASA 31/08/99
13 August 1999
Further information on EXTRA 11/99 (ASA 31/03/99, 29 January
1999) -Disappearance/Fear of Torture
NEPAL
Rajendra Dhakal (m), 30, lawyer, human rights defender
Amnesty International remains concerned for the safety of
Rajendra Dhakal, a lawyer and human rights defender, whose
whereabouts remain unknown since he was reportedly arrested by
police on 8 January 1999 in Tanahun District. There are fears
that he may be tortured in custody.
A habeas corpus petition was filed in the Supreme Court in
January on Rajendra Dhakal's behalf. At a hearing of the petition
on 26 January, the court issued an order to the authorities to
produce the detainee in court. The authorities responded by
denying that he had been arrested. At a further hearing on 23
March the Supreme Court ordered Police Headquarters to search for
Rajendra Dhakal at all places of detention in the country.
In their response the police stated that Rajendra Dhakal had been
charged with the murder of a police inspector and that the case
was pending at the Tanahun District Court.
At a further hearing on 11 May the government attorney was
ordered to present the details of the case pending against
Rajendra Dhakal in the Tanahun District Court to the Supreme
Court. A date for the next hearing of the petition at the Supreme
Court has not yet been decided.
+-----------------------------------------------------------+
+ Supporters of Amnesty International around the world are +
+ writing urgent appeals in response to the concerns +
+ described above. If you would like to join with them in +
+ this action or have any queries about the Urgent Action +
+ network or Amnesty International in general, please +
+ contact one of the following: +
+ +
+ Ray Mitchell, u...@amnesty.org.uk (UK) +
+ Scott Harrison, shar...@igc.apc.org (USA) +
+ Guido Gabriel, ggab...@amnesty.cl.sub.de (Germany) +
+ Marilyn McKim, mmc...@amnesty.ca (Canada) +
+ u...@aibf.be (Belgium) +
+ Anne Nolan, u...@amnesty.iol.ie (Ireland) +
+-----------------------------------------------------------+
PUBLIC AI Index: ASA 31/09/99
13 August 1999
UA 208/99 Torture/Fear for safety
NEPAL
Hari Prasad Chaulagain, age 46
Amnesty International is concerned for the safety of Hari Prasad
Chaulagain, who is detained at the Kavre District Police Office
in Central Region. He has reportedly been tortured in police
custody, and there are fears for his safety.
Hari Prasad Chaulagain was arrested without a warrant by police
on 27 July at 9.30pm, on suspicion of being involved in an
assault by members of the Communist Party of Nepal (CPN) (Maoist)
on a group of policemen in Kavre district that day. He was
arrested at an apartment in Putali Sadak, Kathmandu, where he was
staying at the time, and taken in a police van with a covered
number plate, reportedly from the Dolakha District Police Office,
to the Mahendra Police Club in Kathmandu. He was allegedly beaten
there, and on 28 July he was transferred to the Police Academy
in Maharajgunj, where, according to reports, he was tortured and
kept in a bunker for several hours. Later that day he was
reportedly taken back to the Mahendra Police Club where he was
detained until 2 August and then transferred again, this time to
the District Police Office in Kavre District.
Hari Prasad Chaulagain was reportedly held incommunicado while
in police custody in Kathmandu. He is reported to be in a very
poor condition.
Up until 1996, Hari Prasad Chaulagain, who lives in Pokhari
Chauri, Kavre district, was a supporter of the Samyukta Jana
Morcha, United Peoples' Front (Bhattarai), (SJM), the political
wing of the CPN (Maoist). Before he was arrested, Hari Prasad
Chaulagain had reportedly been threatened with death by members
of the CPN (Maoist).
BACKGROUND INFORMATION Since the CPN (Maoist) declared a
"people's war" in February 1996, police operations aimed at
flushing out armed members of the organisation have been under
way in several districts in Nepal. Both the police and CPN
(Maoist) have reportedly been respon sible for serious human
rights abuses. Since June 1999 armed members of the CPN (Maoist)
are reported to have stepped up their activities in several
districts in Nepal.
PUBLIC AI Index: ASA 31/10/99
13 August 1999
UA 209/99 Arbitrary arrest/"disappearance"
NEPAL
Bikash Sharma (arrested 30 November 1998)
Dundu Tiwari (arrested 3 February 1999)
Gore Bahadur Purkoti, 25, labourer (arrested 16 May
1999)
Palshang Lama, 23, taxi driver (arrested 16 May 1999)
Nabin Gautam, 27, student (arrested 21 May 1999)
Kamala Sharma, 35, political activist (arrested 21 May
1999)
Dandapani Neupane, 47, political activist (arrested 21
May 1999)
Milan Nepali, journalist (arrested 21 May 1999)
Amnesty International is concerned for the safety of the eight
people named above, whose whereabouts are unknown since they were
reportedly arrested between 30 November 1998 and 21 May 1999.
Bikash Sharma was reportedly arrested in Dang district,
Mid-Western region, while the other seven were reported to have
been arrested in Kathmandu municipality. Relatives stated at a
press conference in Kathmandu on 14 June that they had not been
told where the eight people were detained.
In May several of the relatives filed habeas corpus writs in the
Supreme Court. The Supreme Court ordered the police to produce
the detainees, and the authorities responded by denying that they
had been arrested. At a further hearing in July the Supreme Court
reportedly dismissed the habeas corpus writs on the basis that
the petitioners had not provided enough details about the
circumstances of the arrests.
BACKGROUND INFORMATION The eight people named above are believed
to have been arrested in the context of ongoing police operations
against armed members of the Communist Party of Nepal (CPN)
(Maoist), who declared a "people's war" in February 1996.
Since the declaration of the "people's war" the police have
reportedly committed widespread human rights violations,
including arbitrary arrests and detentions, torture,
extrajudicial executions and "disappearances". Serious human
rights abuses by the CPN (Maoist) have also been reported.
PUBLIC AI Index: ASA 31/11/99
18 August 1999
EXTRA 112/99 Torture / Fear for safety
NEPAL
Hari Bahadur Lama (truck driver)
Dinesh Thapa (truck owner)
Suk Bahadur Lama (truck helper), dead
Amnesty International is concerned for the safety of Hari Bahadur
Lama and Dinesh Thapa who were arrested on 4 August 1999. Suk
Bahadar Lama, who was arrested with them has reportedly died in
custody, possibly as a result of torture. Hari Bahadur Lama and
Dinesh Thapa were also reportedly tortured for several days by
being beaten on their legs and soles of their feet with bamboo
sticks.
The three men were arrested at Jyamire, Dumkibaas VDC,
Nawalparasi district by police officers, including an inspector,
from the Ilaaka Police Office, Nawalpur, Nawalparasi district,
Western Region in connection with the theft of some money. They
were taken to Ilaaka Police Office, where Hari Bahadur Lama and
Dinesh Thapa remain in detention.
Suk Bahadur Tamang was apparently beaten so badly on the soles
of his feet with a heated bamboo stick that he needed urgent
medical treatment. On 11 August he was admitted to a local
hospital but later transferred to Bir Hospital in Kathmandu in
a serious condition, including abdominal pain and bruised legs
and feet. Despite being given medical treatment, he died on 14
August.
The authorities have suspended seven police officers, including
an inspector, sub-inspector and three assistant sub-inspectors
at the Ilaaka Police Office, and have set up a three-member
committee to investigate the death in custody of Suk Bahadur
Lama.
BACKGROUND INFORMATION
Amnesty International is concerned that police continue to use
torture to obtain information or "confessions" from criminal and
political detainees and, in some cases, to punish or intimidate
political prisoners.
As a party to the United Nations Convention against Torture,
Nepal is required to institute independent and impartial
investigations into all reports of torture and take action to
bring those responsible to justice. However, so far no police
officer has been brought to justice for torture although some had
been initially suspended. A climate of impunity prevails for
those responsible for torture.
Under the Torture Compensation Act 1996, torture victims or their
relatives can claim compensation. During 1998 12 victims filed
complaints under the Act, but several later withdrew their
petitions out of fear for their own safety or because they or
their representatives had been threatened by the police. To date,
no one has been granted compensation under the Act.