A.I. alert: Hari Prasad Phuyal (torture/medical concerns)
Sage
31/055/2002
UA 247/02 Torture / Medical concern 7 August 2002
NEPAL Hari Prasad Phuyal (m)
There are concerns for the health and safety of Hari Prasad
Phuyal, a detained lawyer from Biratnagar, Morang district, who was last
seen on 29 July, at Morang prison at which time he appeared to be in
poor health.
Hari Prasad Phuyal was arrested around 7am on 22 May by
police from his home at Himalipath, Biratnagar. After his arrest he was
taken to the District Police Office in Biratnagar where he was held for
two days. He was then transferred to Morang prison under a preventive
detention order. There he was visited by lawyers and family members
until the third week of July.
However, from around 23 July, his family members were denied
access to him. His wife was reportedly told on that day that orders
"from the top" were that no one can visit him. When she tried to visit
her husband on 25 July, she was again denied access and was told to come
back after two days. On 29 July, she was allowed to see him. He was
reportedly supported by two men, as he was not able to walk. His body
was covered by bandages, and his face was swollen. He told his wife he
was not able to eat.
A lawyer who was also given access to him on 29 July in the
presence of several police officers confirmed that Hari Prasad Phuyal's
face and legs were swollen. The prisoner reportedly told him that he had
not eaten anything for ten days, apparently because he had difficulties
swallowing.
It is believed that Hari Prasad Phuyal was arrested in connection
with his work as a lawyer representing members or sympathizers of the
armed political group Communist Party of Nepal (CPN) (Maoist).
BACKGROUND INFORMATION
Amnesty International has been concerned about a deterioration
in the human rights situation in Nepal since the CPN (Maoist) declared
a "people's war" in early 1996. This concern has heightened after
the army was mobilized and the state of emergency imposed in late
November 2001. Since then, the number of reports of alleged unlawful
killings, "disappearances", torture and arbitrary arrests and detention
by the security forces have increased dramatically. The authorities have
so far failed to provide strict instructions to the security forces to
uphold human rights or to take appropriate actions against those
responsible for reported abuses. Amnesty International has also
documented many grave human rights abuses by members of the CPN (Maoist).
Lawyers appearing on behalf of Maoist suspects have
repeatedly been targeted by the authorities. There are concerns that
lawyers involved in lodging habeas corpus petitions (order requiring a
detainee to be brought before a judge or into court) on behalf of people
arrested as suspected CPN (Maoist) members or supporters, are
particularly at risk as they may be arrested themselves
for "supporting terrorism".
Under the state of emergency, a number of fundamental rights
guaranteed in the constitution have been suspended, including the rights
to freedom of assembly, freedom of expression and to constitutional
remedy. Although the right of habeas corpus has not been suspended, very
few habeas corpus petitions have been filed since the state of emergency
was declared.
RECOMMENDED ACTION: Please send appeals to arrive as
quickly as possible, in English or your own language:
-expressing concern about the safety and health of Hari Prasad
Phuyal, a lawyer arrested by police at Himalipath, Biratnagar, on 22 May;
-expressing concern about reliable reports that he was tortured
while in custody at Morang prison and is in need of medical attention as
a result;
-expressing concern that no one has been given access to him
since 29 July;
-urging the authorities to make public his whereabouts;
-urging the authorities to ensure that Hari Prasad Phuyal is not
tortured or ill-treated in custody;
- calling upon the authorities to allow him immediate, regular
access to his relatives, lawyer and any medical attention he may need;
- urging that he be released immediately and unconditionally
unless he is to be charged with a recognizable criminal offence.
APPEALS TO:
Rt Hon Sher Bahadur Deuba
Prime Minister
Office of the Prime Minister
Singha Durbar
Kathmandu
Nepal
Telegram: Prime Minister, Kathmandu, Nepal
Fax: + 977 1 227 286 (It may be difficult to get through but
please keep trying)
Salutation: Dear Prime Minister
Hon Khum Bahadur Khadka
Home Minister
Ministry of Home Affairs
Singha Durbar
Kathmandu
Nepal
Telegrams: Home Minister, Kathmandu, Nepal
Faxes: + 977 1 241 942
Salutation: Dear Minister
Mr Pradeep Shamsher J B Rana
Inspector General of Police
Police Headquarters
GPO Box 407
Naxal
Kathmandu
Nepal
Telegrams: Inspector General of Police, Kathmandu, Nepal
Faxes: + 977 1 415 593/ 415 594
Salutation: Dear Inspector General
COPIES TO: Diplomatic representatives of Nepal accredited to
your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the
International Secretariat, or your section office, if
sending appeals after 18 September 2002.