Re: Obligations of the Kingdom of Nepal towards Human Rights Defenders; Mr. Lok Prasad Pant, Lawyer and Chairperson of the Civil Society Network (CSN)
To: His Majesty King Gyanendra
From: Catherine A. Morris, Nepal Monitor of LRWC
Date: 2005-06-02
We are writing to express our concern about the treatment of lawyers and human rights defenders by authorities in Nepal, particularly since February 1, 2005. In particular, we are writing to seek your intervention concerning Mr. Lok Prasad Pant, Lawyer and Chairperson of the Civil Society Network (CSN). He is currently believed to be detained without charges and held at the Jail of Surkhet district.
We were very pleased to hear about the lifting of the State of Emergency on April 29, 2005, however we have been alarmed by continued reports of arrests of lawyers, journalists and human rights defenders after the end of the State of Emergency. There have also been troubling reports that human rights defenders have been arrested and released according to court orders, and then immediately re-arrested. On April 1, 2005, the practice of arbitrary detention was denounced by the Supreme Court. Since then there have been new reports of arbitrary arrests and detentions, and there are reports of re-arrests of persons after court ordered releases. It is reported that state security forces have ignored court orders and re-arrested persons even while they are on court premises. We provide the following examples:
- Mr. Lok Prasad Pant, Lawyer and Chairperson of the Civil Society Network (CSN), was released March 9, 2005. He was re-arrested the same day and is believed to be still detained at the Jail of Surkhet district.
- Mr. Rajendra Rai, former Chairperson of the All Nepal National Free Students= Union (ANNFSU), was released May 16, 2005 following a court order dated May 13, 2005. He was re-arrested the same day in the District Court premises, Babarmahal, Kathmandu. He was detained at the Police Academy of Maharajgunj and released on May 20, 2005.
- Mr. Gagan Kumar Thapa, former General Secretary of the Nepal Student=s Union (NSU), was released on May 5, 2005. He was re-arrested on the same day at the District Police Office of Kathmandu. He was detained at the Nepal Electricity Corporation Training Centre in Bhaktapur and released on May 25, 2005.
- Mr. Chandra Bhandari, former President of NSU, was released on April 27, 2005. He was re-arrested on the same day at the District Police Office of Bhaktapur. He was detained at the No.1 battalion of the Armed Police Force, Naxal, Kathmandu, and released on May 26, 2005.
- Mr. Rajan Rai, Central Secretariat Member of ANNFSU, was released on April 27, 2005. He was re-arrested on the same day at the Police Academy of Maharajgunj, Kathmandu. He was detained at the Nepal Electricity Corporation Training Centre (NECTC) in Bhaktapur, and was released on May 19, 2005, from Bhaktapur district after a new Supreme Court order.
- Mr. Pradip Poudel, Vice-President of NSU, was released on April 26, 2005. He was re-arrested on the same day at the District Police Office of Bhaktapur. He was detained at the Agriculture Development Training Centre in Bhaktapur. He was released on May 26, 2005.
- Mr. Thakur Gaire, General Secretary of ANNFSU, was released on April 20, 2005. He was re-arrested on the same day at Koteshwor, Kathmandu. He was detained at the NECTC in Bhaktapur. He was released on May 26, 2005.
We urge the immediate and unconditional release Mr. Lok Prasad Pant and all other human rights defenders and political prisoners who are detained without charge or hearing.
We also urge an immediate end to all forms of harassment and ill-treatment of lawyers and human rights defenders by authorities, with assurances that they and their organisations are able to conduct their work without hindrance. We remind you of the 1998 UN Declaration on Human Rights Defenders which upholds the right of individuals and groups to publicly promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels. We also remind you of the rights protected by Nepal=s 1990 Constitution, and Nepal=s obligations to uphold the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the Convention Against Torture (CAT) and other Conventions that Nepal has ratified.
LRWC requests your early response by mail, e-mail or fax to let us know what actions are being taken regarding the above mentioned matters.
