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Nepal
1011. By letter dated 26 August 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he had received allegations concerning:
1012. Subid Guragain, a local reporter for the daily Rajdhani, published in Kathmandu, and vice-chairperson of the Sunsari section of the Federation of Nepalese Journalists (FNJ). On 17 June 2004, he was arrested in Sunsari district and kept for three hours at the Shree Meher Company headquarters. During his detention, he was severely beaten with gun butts and army boots, and threatened with death. He published two articles criticizing the Royal Nepal Army (RNA) for their alleged mistreatment of citizens.
1013. Ram Mani Misra, sub-editor of the weekly Nawajagriti and central councillor of the FNJ. On 19 July 2004, he was approached by RNA personnel in Siraha district, when he was crossing a road to go to his press office. Without giving any reason, the RNA personnel beat him.
1014. An order banning public demonstrators and the assembly of more than five persons within the Kathmandu Ring Road and Lalitpur areas was issued by the Kathmandu District Administration on 8 April 2004 (cited in a previously transmitted communication, para. 1137). Ms. Kamala Pant, a bank employee, was dragged on the ground by the police. Ram Kumar Mahato, a journalist with the Janakpur Bishow Jagaran, Danusha, was beaten with a lathi on the head and was hospitalized. The police threw stones at the demonstrators in and around Padma Kanya Campus. Om Bandhu Karki, a journalist for the Naulo Nepal Weekly, Ram Prasad Adhikari, a Central Committee member of the Nepal Student Union, Jeevan Dangol, a former Central Committee member of the Nepal Student Union, Devendra Niroula, from Solukhumbu, and at least five other people were injured on the head by the stones. They were all hospitalized. Kudan Kaphley, president of the Student Union of Pashupati Bahumukhi Campus, Chabahil, was also injured. 1,000 demonstrators, including journalists, lawyers and bystanders, were detained in the Nepal Food Cooperation Godown in facilities usually used for the storage of animals, without access to basic needs such as shelter from the rain, bedding, drinking water, adequate food or toilet facilities. 200 women were held along with men, with no separation.
1015. N. M. (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, paras 1226-1227). Following his release, he was harassed by security forces personnel who asked him to contact them regularly. On 8 January 2004, he was told by security forces personnel that if he did not hand over another person, he would himself be arrested again. If they could not find him in his house, they would then arrest other members of his family. N.M. killed himself the following day. It is believed that he committed suicide to escape the threats and harassment by the security forces.
1016. By letter dated 17 September 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning Badri Khadka, a reporter for Janadesh Weekly, a weekly publication believed to be linked to the Communist Party of Nepal (CPN – Maoist). On 29 August 2004, he was arrested by security forces in Birtnagar, Morang district, and later transferred to the Rangeli area. He died as a result of beatings and other forms of torture in Govindapur-7, in the Larikata area shortly afterwards. The security forces reportedly initially denied his arrest and said that he might have been killed during crossfire with the CPN – Maoist.
1017. By letter dated 21 September 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1018. Raju Lama, a 22-year-old garment labourer, Kathmandu. He was arrested in April 2003 by a group of policemen from Sorhakhut te Ward police and detained for 17 days. He was produced in the District Administration Office, Kathmandu, for remand extension three days after his arrest. While in custody, he was reportedly beaten on the head with wooden sticks on several occasions by policemen. He was released on bail. He was arrested again on 31 May 2003 and taken to Hanuman Dhoka District Police Office. In the interrogation section (KERKAR) his hands were tied behind his back and he was forced to lie down. While in this position, he was beaten with a stick on the soles of his feet. A stick was kept under his knees and two policemen rolled over his thighs with wooden sticks for 15 minutes. He lost consciousness. On the following day, he was taken to the same section. He was beaten on the back with a stick by four or five policemen. He was released on 15 June 2003, without any charge. On 2 August 2003, he was arrested again by Hanuman Dhoka police and interrogated about a robbery. He was threatened with the arrest of his family if he kept denying knowing the name of the perpetrator. He was released on 18 August 2003. On 7 September 2003 he was arrested again by ten plain-clothes policemen. He was taken to the KERKAR of Hanuman Dhoka District Police Office, where he was beaten with a plastic pipe on several occasions during three days. He was forced to confess to the robbery. He was kept in custody in Hanuman Dhoka for two months without any warrant. He was produced at the District Court of Kathmandu on 14 November 2003 on the charge of robbery, together with three other people. It is reported that as a result of the treatment received, he sustained two red wounds on his right knee and several black scars on his back. A NGO visited him on 25 November 2003 in Hanuman Dhoka and the following day, filed an application for his physical and mental medical examination.
1019. Jaya Bahadur Lama, aged 28, and Mani Lama, aged 20, Chuchepati, Kathmandu, working at a carpet factory in Boudha. On 6 December 2003, they were approached by some individuals who tried to extort money from them. At the same time, night patrolling armed police arrived at the scene and beat Mani Lama after the individuals who assaulted them told the police that they were homosexuals. Jaya Bahadur Lama was slapped when he tried to help his friend. Both men were thrown into a police van, where they were handcuffed and forced to lie face down with the head covered. They were severely beaten with rifles and boots. It is alleged that when Jaya Bahadur Lama mentioned that they were members of the Blue Diamond Society, a NGO working for the welfare of homosexuals, the assault became more severe. One hour later, they were taken to an unknown armed police camp. They were locked into a dark room, where they were severely beaten by 20 police officers. The police allegedly attempted to force them to have oral sex. They were reportedly accused of being Maoist. They were put again in the police van and later thrown in a street with their heads covered. When they uncovered their heads, they found themselves near Ratopul and Pashupatinah temple. There, they met another police van, and they explained to the police officers what had happened. Although they were in need of immediate medical assistance, the police abandoned them on the street, allegedly after they learned that they were homosexuals. Some hours later, they were taken by the Blue Diamond Society to a hospital. A complaint was filed by the same organization with the armed police headquarters. No action has been taken to investigate this case.
1020. A. S., agde 8. On 16 December 2003, he was shot by plain-clothes security personnel in Madheli Village Development Committee-3, Sunsari District. He had stopped at the canal with two other local people when army security personnel in plain clothes arrived with weapons. The three persons became scared and began running away. The security personnel ordered one of them to halt and fired at him when he failed to stop. A. S. was hit and was immediately taken by the security personnel to B.P. Koirala Memorial Hospital, Dharan. They gave Rs. 700 to his parents for expenses. According to the doctor who examined the boy, the veins of his neck were crushed and he lost the use of his legs permanently. After this incident, the RNA spokesperson said that A. S. was wounded in a crossfire between the soldiers and Maoist rebels, and that it could not be ascertained which party’s bullet hit the boy. However, there was no crossfire at the time and place of the incident.
1021. Dinesh Raj Prasain, Coordinator of the Collective Campaign for Peace (COCAP). On 13 January 2004, he was assaulted in his residence in Banasthali, Kathmandu, by six or seven security forces personnel in plain clothes. They broke the door of his house and severely punched and kicked him in the face, head, stomach, back and thighs. The men searched his home. During the incident, approximately 15 members of the Nepali army in uniform surrounded the building. A formal complaint was later lodged for a medical examination with the District Police Office in Kathmandu.
1022. M. R. (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, para. 1247). According to new allegations, although the police denied any knowledge of his whereabouts, during an unannounced visit to the Ward Police Office in Baudha, Kathmandu, on 24 December 2003, the National Human Rights Commission discovered that he was detained there. He was released by police on 1 January 2004, on condition that he reported to Hanuman Dhoka District Police Office (DPO) on a daily basis. On the same day, his mother was taken in a van by police officers and told to sign a document, without being allowed to read it, in return for her son’s release. On 2 January 2004, the Supreme Court ordered his release, although it had already taken place.
1023. Hom Bahadur Bagale (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, para. 1139). According to the new allegations received, a complaint was filed on his behalf and he sought compensation for torture and ill-treatment while in detention in December 2002. Following this, the Inspector General of Police took departmental action to terminate his employment from the police service. Hom Bahadur Bagale challenged this action by instructing his lawyers to seek an injunction in the Appeal Court. On 16 June 2004, the Appeal Court ruled against him. Hom Bahadur Bagale may be dismissed from service before the final appeal in the Supreme Court will be heard.
1024. By letter dated 9 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1025. Ganesh Kshetri, aged 44, Kathmandu-16, Balaju. On 27 August 2004 at around 7 pm, he was taken away from his house on suspicion of drug charges by the assistant subinspector (whose name is known to the Special Rapporteur) and a police constable from Balaju Ward Police Station. The police first took him to the Banasthali temporary police station, where he was put in a van with ten more policemen and taken to Balaju Ward Police Station. At 10.30 am the next day the sub-inspector, joined by a number of other policemen, started to beat him with a pole and kicked him all over his body until he lost consciousness. At around 1 pm, the police called the victim’s father to the police station to take his son. When the father asked why his son was seriously injured, the police said that he fainted and fell down. The police released Mr. Kshetri with a fine and threatened him and his father not to report anything to the media otherwise they would torture him again in the same way. On 29 August, Mr. Kshetri’s father took his son to B & B Hospital, Gwarko, Lalitpur, where he remained until 31 August. The victim’s nose and ribs were broken and he lost two teeth due to the torture in police custody. The doctor put five stitches in his nose. The victim complains of severe pain in his back and memory loss, among other things.
1026. By letter dated 29 November 2004, sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he had received allegations concerning S. M., a 16-year-old girl, resident of Bharaul-5, Bishalchowk, Bhaluwachauri village, Bharaul Village Development Committee-5, Sunsari District. On 10 November 2004 around 9 am, as she was walking towards the Sardu Khol river 500 metres from her home, a group of five armed soldiers from Eastern Pritana Headquarters, Itahari, stopped her and dragged her by her hands to the jungle. The soldiers chased away her 7-yearold niece, threatening her with a gun. The soldiers took the girl to a place called Jhosi, forced her to the ground and proceeded to gang rape her, stifling her screams. Afterwards, they took her to a wooded area behind her house, gave her Rs. 100 and a package of noodles, threatened her not to reveal the incident, and fled the village. On 11 November, the girl was taken to the Dhara Hospital. The doctors of the Koshi Zonal Hospital have referred her to the psychiatric department, where she is undergoing counselling for her ordeal. The girl’s father submitted a First Information Report in the Area Police Office in Dharan on 11 November. No investigation has been carried out by the police.
1027. By letter dated 30 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning Kanhaiya Lal Gupta and his wife Gayatri Devi Gupta, owners of a teashop, both Indian nationals, residing at Maharajganj, Ward No. 3, Kathmandu Metropolitan, and their employee, Sonam Gurung. On 24 August 2004 at 2 pm, they were arrested in their teashop by two police officers from the Ward police station, Maharajganj, and taken to the station. At the station, upon the inspector’s orders (whose name is known to the Special Rapporteur) Kanhaiya Lal Gupta was taken by two policemen to a room, verbally abused, beaten with a stick and punched on his back and thighs. Gayatri Devi Gupta was taken to a separate room and beaten for almost two hours with a pipe and stick on her head, arms, back, thigh, foot and sole. They were released around 4 pm the same day. On 15 September 2004, they filed a civil suit, claiming damages for the torture, in the District Court Kathmandu. They also demanded departmental action against the perpetrators. On 26 October 2004, two policemen arrested Gayatri Devi Gupta and Sonam Gurung and took them to the police station, where they were detained all night without food or water. The police verbally abused them and struck them with a plastic pipe, a stick and their fists. They were released the next day at around 1 pm. When Kanhaiya Lal Gupta visited the police station enquiring about the whereabouts of his wife, he was verbally abused and threatened with the closure of his teashop.
Urgent appeals
1028. On 17 December 2003, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention with respect to allegations concerning:
1029. Yuba Raj Chaulagain, a 31-year-old taxi driver, Tinkune. On 3 September 2003 at 9 am, he was arrested by four members of the security forces and taken away in his taxi. A witness is reported to have seen him being taken to the army barracks in Singha Durbar. The second taxi that Yuba Raj Chaulagain owns was taken by members of the security forces on 13 October. Efforts to locate him, including visiting the army barracks in Singha Durbar, have so far failed.
1030. Rebakala Tiwari, a 21-year-old student at Padma Kanya Multiple Campus, Bagbazar, Chabahil. On 30 October 2003 at 2.30 pm, she was arrested at her home at by members of the security forces in plain clothes. Efforts to locate Rebakala Tiwari, including informing the National Human Rights Commission (NHRC), have so far failed.
1031. Subash Shrestha, an 18-year-old student at Saraswati Campus, Thamel, Jyatha. On 22 November 2003 at 7.30 pm, Subash Shrestha was arrested at his home by members of the security forces in plain clothes. His uncle was also reportedly arrested at the same time but released three days later. It is unknown where he was held, and efforts to locate him, including informing the NHRC, have so far failed.
1032. Shaha Dev Ghimire, a 29-year-old government surveyor in Meenbhawan, Kathmandu lives in Biruwa, Ghaktapur. On 22 November 2003 at 11 pm, he was arrested at his home by members of the security forces in plain clothes. Efforts to locate Shaha Dev Ghimire, including contacting the local police station and informing the NHRC and ICRC, have so far failed.
1033. Lila Dahal, aged 34, the Sindhupalchowk district committee president of the Nepal Mahila Sangh (Nepal Women Organization), a sister organization of the Nepali Congress Party, living in Batisputali-9. On 28 November 2003, she was arrested at her home at midnight by nine members of the security forces in plain clothes. The owner of the house was also arrested, but was released the next morning. He was blindfolded and does not know where they were taken. Efforts to locate Ms. Dahal, including informing the NHRC, the Home Ministry, and the Defence Ministry, have so far failed.
1034. Ganesh Dhakal, a 24-year-old teacher at New Summit Boarding School, Maitivdevi, Ghattekulo. On 3 December 2003 at 5.30 pm, he was arrested at his home by approximately 15 members of the security forces, five of whom were uniformed police, while the others were in plain clothes. Efforts to locate him, including informing the NHRC, have so far failed.
1035. By letter dated 8 November 2004, the Government informed that Ganesh Dhakal is detained at Bhairab Nath Military Barracks, Maharajgunj, Kathmandu, under the Terrorist and Disruptive Activities (Control and Punishment) Ordinance No. 2061 (TADO).
1036. On 18 December 2003, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention regarding Bhai Kaji Ghimire, the managing director of Samadristi monthly magazine, Kalimati, Kathmandu. According to the allegations received, on 3 December 2003, he was arrested by the security forces as he was heading to work on his motorcycle. The reason for his arrest and whereabouts are unknown.
1037. On 18 December 2003, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary-General on human rights defenders regarding Ram Krishna Adhikari, a reporter for the weekly Saghu. According to the allegations received, he has been missing since 10 December 2003. He was last seen attending a human rights event organised by the Human Rights Organization of Nepal (HURON), at the Hotel Orchid in Kathmandu. The journalist may have been detained by security forces and held at a secret location.
1038. On 15 January 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention regarding Hira Bahadur Rokka, a street trader, residing in Bhotahity, Kathmandu. According to the allegations received, on 6 December 2003 at 1 pm, he was arrested on the street in Hanuman Chowk, Bhotahity, by 12 security forces personnel in plain clothes, using a van marked “Nepal Police”. The reason for his arrest is unknown. When relatives made enquiries at the District Police Office in Hanumandokha, the police office stated that two persons had been arrested in Bhotahity, but they refused to identify them. Further attempts by his relatives to locate him, including contacting the NHRC, have so far failed.
1039. On 15 January 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention regarding Maila Tamang, a 31-year-old trekking guide, Pokhara, Kaski district. According to the allegations received, on 4 January 2004 at 1 pm, he was arrested in Kathmandu after he went to the Traffic Police Office, Ram Shah Path, to lodge a complaint about being hit by a car. The traffic police sent him to Singha Durbar Ward Police Station where he was detained for two days for investigation into a car theft. He was subsequently transferred to Hanuman Dhoka District Police Office, Kathmandu, where he is believed to have been held incommunicado for several days. He was beaten on his back, thighs and buttocks with a wooden stick and kicked with boots by a police inspector. Lawyers who saw Maila Tamang on 12 January 2004 reported that a police inspector, present at the meeting, asked why the detainee had been given access to them when he had not yet been presented in court. A police officer interrupted their interview and took Maila Tamang away to the Interrogation Section in the Valley Crime Investigation Section, in another building in the Hanuman Dhoka DPO compound. On the same day, his lawyers filed a habeas corpus petition in the Supreme Court.
1040. On 16 January 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention regarding Khadka Singh Tamang, a 30-year-old auto-rickshaw driver, residing at Dallu, Kathmandu. According to the allegations received, on 26 November 2003, he went to the Valley Traffic Police Office in Ram Shah Path, Kathmandu, in order to assist a friend. As he was leaving the office, he was taken away by two plain-clothes security forces. He is being held at Bhairab Nath Gan army barracks, in Maharajgunj, Kathmandu. When relatives attempted to visit him, the army denied that he was there. The reasons for his arrest are unknown.
1041. On 21 January 2004, the Special Rapporteur sent an urgent appeal with respect to allegations received concerning the unknown whereabouts of:
1042. Pushpa Lal Dhakal, a farmer, Village Development Committee 7, Jhapa District. At 3 pm on 13 January 2004, he was returning to his home by tractor from a market in Biratnagar, Morang District, when he was arrested by 15 security forces personnel. Pushpa Lal Dhakal had previously received threats from both the CPN (Maoist) and the security forces. CPN (Maoist) members pressured him to give them food and the security forces suspected him of being involved in the CPN (Maoist) rebellion because he was visited by members of that group.
1043. Gopi Bhandari, a button factory owner, Balaju district, Kathmandu. At noon on 15 January 2004, he was arrested at his factory by five security personnel who took him away in an unmarked green van. His younger sister, Nirmala Bhandari (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, para. 1202), is still missing since her arrest.
1044. On 3 February 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion regarding Bhagirath Kharel (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, para. 1226). According to the allegations received, he was immediately re-arrested after he was released on bail on 30 December 2003. He is now held at the Central Jail, Kathmandu. Bhagirath Kharel was first presented to the Appellate Court on 27 November when police appealed for his detention to be extended to allow for further investigations under the 2002 Terrorist and Disruptive Activities (Control and Punishment) Act (TADA). For one week he was unable to contact his family and tell them that he was detained at Hanuman Dhoka police station. On 29 and 30 December 2003, he was taken to the Appellate Court where he was charged with being involved in anti-State activities under the TADA, and ordered to be released on bail until the trial on 11 February 2004. Police refused to release him when he signed the bail document, and did not take off his handcuffs until court staff protested. However, once outside the court, he was immediately re-arrested under the Public Security Act (PSA). He has a heart condition and since his arrest had only one health check up.
1045. By letter dated 21 May 2004, the Government informed that he is under police detention in Kathmandu as per the 1990 Security Act.
1046. On 4 February 2004, the Special Rapporteur sent an urgent appeal concerning Basu Dev Sigdel, a lawyer. According to the allegations received, on 22 January 2004 at around 10 am, three men in plain clothes from the security forces came to the law office where he worked and took him away. Although they said hewould return to the office soon, his family has had no news about him since. His arrest was reported to the Nepalese Bar Association (NBA) and the NHRC.
1047. On 6 February 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention regarding Tula Thapa, aged 36, a teacher in Pashupati Secondary School, Rajendra Adhikari, aged 30, Ram Bahadur Rana, aged 30, and Man Bahadur Shah, aged 52, all from Bramhatole Village Development Committee (VDC), Bajura district. According to the allegations received, on 1 February 2004, they were arrested in Martadi and Bramhatole VDC by the police. Rajendra Adhikari and Ram Bahadur Rana were arrested on charges of agreeing to buy rice looted by members of CPN from the governmental Food for Work Programme, while Tula Thapa and Man Bahadur Shah have been arrested for unknown reasons. They are being detained in the District Police Office in Martadi, Bajura district headquarters, and have not been allowed access to their families or lawyers nor have they been produced before a court. Several witnesses have reported that all four are being seriously ill-treated and tortured while in police custody.
1048. By letter dated 19 July 2004, the Government informed that Tula Thapa and Man Bahdur Shah, detained on charges of illegally possessing homemade guns, were released on bail by the District Administration Office of Bazura on 1 March 2004. Rajendra Adhikari and Ram Bahadur have been presented to the District Administration Office on 6 February 2004 for further investigation.
1049. On 10 February 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression regarding Narendra Maharjan, a field supervisor for a bus company, a resident of Sagal, in Ward No. 5 of Kirtipur municipality, Kathmandu district. According to the allegations received, on 21 January 2004, he was arrested while at the company office in Kirtipur by five plain-clothes security forces, and taken away in a white Tata jeep. Since his arrest, his whereabouts are unknown.
1050. On 13 February 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression regarding Lekhnath Sapkota, Lainchaur, in Ward No. 29, Kathmandu municipality. According to the allegations received, on 4 February 2004 at 2 pm, he was arrested at his office by three plain clothes security forces. He had been followed all morning before he was arrested. Lekhnath Sapkota has been arrested and held without charge on two previous occasions, in 2002 and in September 2003. On the latter occasion, he was released on 17 November 2003 on the orders of the Supreme Court. The police claimed he had been detained because he was working for the CPN (Maoist). No reasons have been given for his arrest this time and his whereabouts are unknown. His relatives have contacted the NHRC to locate him without success.
1051. On 16 February 2004, the Special Rapporteur sent an urgent appeal concerning Jeetaman Basnet, Ward No. 34, Santinagar, Kathmandu. According to the allegations received, on 4 February 2004 at 6 pm, he was taken away by three persons in army uniform outside his home, and has not been seen since. The NHRC, ICRC and the NBA have been informed of his “disappearance”.
1052. By letter dated 21 May 2004, the Government informed that he is in police detention in Kathmandu. By letter dated 8 November 2004, the Government informed that he is detained at Bhairab Nath Military Barracks, Maharajgunj, Kathmandu under the TADO.
1053. On 16 February 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention regarding Laxman Prasad Aryal, Ward No. 16, Machha Pokhari, Balaju, Kathmandu. According to the allegations received, on 29 January 2004 at 10.15 am, three plain-clothes security forces took him away from his workplace to Baluja army barracks by public transport. The NHRC, ICRC and the NBA have been informed of his arrest, but his whereabouts are unknown. 1054. On 16 February 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression regarding Sho Prasad Khatiwada, Sitapaila. According to the allegations received, at 8 am on 3 January 2004, he was arrested at his workplace by a group identifying themselves as security forces personnel. The ICRC and the NHRC were informed of his arrest, but his whereabouts are unknown.
1055. On 16 February 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression regarding Gyan Bahadur Koirala, owner of a truck haulage business, resident of Ward No. 5, Firkepul municipality, Kaski district, and Maheshwar Pahari, a journalist for the defunct Rastriya Swabhiman Weekly, a local newspaper in Pokhara, a resident of Buddha Chowk, Ward No.10, Pokhara municipality, Kaski district. According to the allegations received, on 2 January 2004, both friends were arrested in separate incidents. At 8 am, about 25 uniformed army personnel Gyan Bahadur Koirala were inspecting some works a short distance outside of town at 8 a.m. on 2 January when reportedly came to arrest him. He was bound and held there for one hour before taken away in a convoy of about three vehicles. He has been seen in Pokhara and the surrounding area since his arrest, wearing an army uniform and seated in a vehicle between two army personnel. Maheshwar Pahari was arrested in Khorako Mukh village, Lwang Ghalel Village Development Committee, Kaski district, by a group of uniformed army personnel. They are believed to be held at Phulbari army barracks in Pokhara, which the army has denied.
1056. On 25 February 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on the right to freedom of opinion and expression regarding two lawyers, Bal Krishana Devkota, Sita Paila Village Development Committee, Ward No. 2, Kathmandu, and Dhananjaya Khanal, a lawyer with the Central Legal Service, living in Sanepa-2 Lalitpu, Tanahun District, Kathmandu. According to the allegations received, on 21 February 2004, they were arrested in separate incidents, and their whereabouts are unknown. Around 11 pm, three plainclothes security forces came to Bal Krishna Devkota’s home, questioned him, searched the house and took him away for further questioning. At around 11 pm, Dhananjaya Khanal was arrested by a group of army personnel at his home.
1057. By letter dated 21 May 2004, the Government informed that there is no person by the name of Dhananjaya Khanal in police detention.
1058. On 26 February 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression regarding Mukunda Ghimire, a 25-year-old political activist, Khartanchha VDC, Bhojpur district, and Keshav Chudal, a 25-year-old taxi driver, both living in Ghattekulo, Ward No. 32, Kathmandu municipality. According to the allegations received, on 3 February 2004, the two men were arrested in Ramshahpath by a group of plain-clothes security forces (one of whom is known to the Special Rapporteurs and the Chairperson-Rapporteur). Following their arrest, they were taken away in a blue van. Their current whereabouts are unknown.
1059. By letter dated 8 November 2004, the Government informed that Mukunda Ghimire was released from detention on 14 September 2004 from Jagnnath Dewal Detention Centre, Kathmandu.
1060. On 26 February 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression regarding Purushotam Chudal, a 20-year-old student, Ward No. 9, Shurunga VDC, Jhapa district. According to the allegations received, on the morning of 23 December 2003, he was staying at a friend’s home in Shuketangi, Ward No. 1, Shurunga VDC, when a large group of armed plain-clothes security forces surrounded the house. Five of them removed him and took him away in the direction of the Charali army barracks, where he is believed to still be detained, although the army has denied arresting him or having him in custody there.
1061. By letter dated 8 November 2004, the Government informed that he is being detained at Dhankutta under the District Administration Office, Dhankutta.
1062. On 26 February 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression regarding Chandra Prasad Nepal and his wife Sabitri Nepal, Ward No. 1, Belsi, Ratnanagar municipality, Chitwan district. According to the allegations received, on 17 February 2004 at 1 pm, about 20 soldiers arrived at their home, arrested them, and took them away on foot in the direction of the highway. They were then taken in a public transport minibus to Bhandara camp, the security post of the Unified Command (army and armed police force) for Chitwan district. Staff at the camp stated that the couple had been moved from there to an unknown location.
1063. On 26 February 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression regarding Lok Krishna Bhattarai, a member of the Lalitpur Bar Assocation and the General Secretary of the Pushpa Lal Memorial Foundation, residing in Baluwatar, Kathmandu. According to the allegations received, on 18 February 2004 four plain-clothes security arrived at his home. They told him to wear warm clothes, as he was to help them with their inquiries, and would be returned in two hours. They denied him permission to call his office before departing. Relatives of Lok Krishna Bhattarai have contacted human rights organizations and the press in Kathmandu regarding his whereabouts but have so far been unable to locate him.
1064. On 27 February 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression regarding Shankha Buddha Lama, an activist of the Nepali Congress Party and a social worker, Dhulikhel, Kavrepalanchowk district. He was the Constituency President for the Nepali Congress Party and was involved with several local social organizations, including as president of the District Committee of the NGO Federation of Nepal. According to the allegations received, on 24 February 2004 at 4 pm, he was in a committee meeting of the NGO Federation in Dulikhel when he was called outside by two plain-clothes security forces and taken away. Efforts to locate him, including visiting the district government offices, and army camps, including Surya Binayak Army Barracks, Bhaktapur district, have so far reportedly been unsuccessful.
1065. On 1 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression regarding Laxmi Pandey, a journalist associated with the Nepal Press Union. According to the allegations received, on 21 February 2004 he was arrested by the security forces for questioning in Nawaparasi district. His whereabouts are unknown.
1066. On 3 March 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on violence against women regarding residents of Pokharichauri village, Kavre District. According to the allegations received, on 12 February 2003 at around 5 am, Reena Rasaili, aged 18, was killed by security forces. She was held for five hours prior to her death in a cowshed where she was raped. Bullet injuries to her head, breast and eyes, and injuries and scratches on the stomach and chest were found on her naked body. S. C., aged 17, was beaten and killed by security forces. Injuries on the right cheek, stomach and below the right eye were found on her body. Her father, Kedar Nath Chaulagain, was severely tortured. A young boy, T. L., was shot dead as well. On the following day, the national radio reported that three terrorists, namely Reena Rasaili, S. C. and T. L., had been shot dead during an encounter with the security forces in Pokharichauri village. Since the above-described incident, witnesses have been subjected to harassment. M. S., a 15-year-old relative of Reena Rasaili, was arrested by security forces on 17 February 2004. As the soldiers could not find her mother, who was with Reena Rasaili just before her death, they arrested M. S. Her father was ordered to bring her mother to the Lamidada army camp as a condition for M. S.’s release. On 18 February 2004, he went to the Lamidada Army camp together his wife, the head master, the chairperson of the VDC and 28 other people from the village. The army authority denied the arrest and detention of M. S.
1067. On 2 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression with respect to allegations received concerning:
1068. Kaushalya Pokhrel, aged 21, Chabahil, Kathmandu. On 29 November she was arrested when she was on her way home from visiting her sister in Dukuchhap VDC, Lalitpur district. She was believed to be held in Shree Jang Gan army camp, Singha Durbar, Kathmandu. Her family received a message saying that she had been released from Shree Jang Gan around 18 February 2004. However, she was not seen or heard of since her arrest, and it is believed that she might still be detained at an unknown location.
1069. Her brother, Arjun Pokhrel, aged 24, a member of the Kathmandu District Committee of the All Nepal National Independent Student Union (ANNISU) (Revolutionary), which is aligned with the CPN (Maoist). He was arrested in the afternoon of 26 November 2003.
1070. His wife, Madhu Mandal, aged 22, Manamaiju VDC, Kathmandu district, student at the Gramin Adarsha Multiple Campus, Kathmandu. On 16 December at 1 pm, she was arrested at her home by five plain-clothes security forces and taken away in a Tata mobile pick-up truck. Another member of the family was also arrested but later released. It is believed that both Madhu Mandal and Arjun Pokhrel are held at Bhairab Nath Gan army camp in Maharajganj, Kathmandu, although this has been denied by army sources.
1071. On 4 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention regarding Lal Prasad Ghemere, a 45-year-old farmer and resident of Ward No. 1, Haraiya Village Development Committee, Bara district. According to the allegations received, on 10 February 2003, he was arrested following an armed encounter between security forces and members of the Communist Party of Nepal (CPN) (Maoist) in Ramnagar, Haraiya, Bara district. He was injured, but it is unknown whether he was actively involved in the fighting. He was beaten by security forces personnel and forced to dig a grave for a CPN (Maoist) member who was killed, which took him three hours. He was then taken away by around 15 security forces personnel in plain clothes. His current whereabouts are unknown.
1072. On 4 March 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression with respect to allegations received concerning:
1073. Surendra Rai, a 40-year-old carpet factory worker, resident of Nakkhu, Lalitpur Municipality, Ward No. 13, Lalitpur district. On 27 February 2004, he was arrested at his house by three security forces personnel in plain clothes. Since then, his whereabouts are unknown. The District Police Office in Lalitpur has denied his arrest. The NHRC, the Defence Ministry, the Home Ministry, the Human Rights Protection Centre of the Prime Minister’s Office, and the main security force offices have also been informed about this case.
1074. Ambir Babu Gurung, aged 38, Ward No. 34, Panchkumari, Kathmandu municipality. On 16 February 2004 at midnight, he was taken away from his home by security forces personnel in plain clothes. He was told that he was needed for some inquiries, but no other details were given. Efforts by relatives to locate him, including informing the NHRC, have so far been unsuccessful.
1075. By letter dated 8 November 2004, the Government informed that Surendra Rai is being detained at Mahabir Military Barracks, Chauni, Kathmandu, under the TADO.
1076. On 4 March 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary-General on the situation of human rights defenders regarding Bhimsen Kumar Gautam, a 40-year-old teacher, auditor, member of the Nepal National Teachers’ Association and the Nepal section of Amnesty International, living in Shreenagar Tole, Minbhawan, Kathmandu municipality. According to the allegations received, on 3 March 2004, he was questioned and arrested at his home by security forces personnel. The security forces made a brief attempt to search the room before taking him away. His whereabouts are unknown, and efforts by relatives to locate him, including informing the NHRC, have so far been unsuccessful.
1077. On 4 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on violence against women, regarding R. A., a 13-year-old girl, Ward No. 8, Malta VDC, Lalitpur district. According to the allegations received, on 13 November 2003, she was arrested by plain-clothes security forces personnel in Thapathali, Ward No. 11, Kathmandu municipality, where she was staying with some relatives. The security forces informed her family that she was taken for questioning and that she would be returned by the following morning. However, she has not been released yet. Soldiers have confirmed to her relatives that she is being held at Bhairab Nath Gan army camp. The reasons for her arrest are unknown and she has not been formally charged or presented before a court since her arrest four months ago. R. A. had been arrested on 8 September 2003 and held incommunicado at an undisclosed location until 27 October 2003.
1078. On 10 March 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression concerning Yamanath Lohani, a 50-year-old teacher, Ward No. 9, Thananpati VDC, Nuwakot district. According to the allegations received, on 1 March 2004 at 10.30 am the bus he was riding in stopped for a routine check at Fhusredada, near the Shivapuri army camp in the northern end of the Kathmandu valley. Yamanath Lohani was detained by security forces personnel manning the post. The reasons for his arrest are unknown. He may be held at Gha Gul army barracks, Shivapuri. Efforts to locate him by relatives, including informing the NHRC, have so far been unsuccessful.
1079. On 10 March 2004, the Special Rapporteur sent an urgent appeal with respect to allegations received concerning:
1080. Shita Ram Dhakal, aged 28, lives in Balaju, in Ward No. 16 of Kathmandu municipality. On 11 January 2004 at 8 am, he was arrested in a teashop near his home by three security forces personnel in plain clothes. He is held at Jagadal Gan in Chhauni army camp.
1081. Prabhu Ram K.C., a 34-year-old building contractor, Panauti municipality, Ward no, 5, Kavrepalanchowk district. On 19 February 2004 at noon, he was reportedly having lunch with friends at Bagbazar when three security forces personnel in plain clothes took him away. He has not been seen since. Family members were able to contact him on his mobile phone on 20 February, and he told them that he was going to Butwal for a few days. They contacted him again on 25 February, but he was reluctant to speak and told them not to phone again. On 27 February, three security forces personnel came to search the family home, and left with a photograph of Prabhu Ram K.C. Reports suggest that he is held at Shree Jang Gan army camp, Singha Durbar. However, efforts to locate the two men by relatives, including informing the NHRC, have so far been unsuccessful.
1082. By letter dated 23 December 2004, the Government informed that Shita Ram Dhakal is currently detained at the Investigation and Enquiry Centre in Sundarijal, Kathmandu under the TADA.
1083. On 11 March 2004, the Special Rapporteur sent an urgent appeal concerning Hari Prasad Acharya, a 45-year-old poultry farmer, Dhading district. According to the allegations received, on 6 November 2003 at 1am, 20 uniformed soldiers and two men in plain clothes came to his house, searched the property, and took him away. He has not been seen or heard from since. Efforts by his family to find him, including informing the NHRC, and visiting army and police offices in Dhading and Kathmandu, have so far been unsuccessful.
1084. On 16 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention with respect to allegations received concerning:
1085. Tej Mudbahri, a 39-year-old, businessman, and his nephew, Deepak Mudbhari, a 22-year-old student, Bahinimarg, Balaju, Kathmandu. On 3 March 2004 around 1.30 pm, 14 security forces personnel in plain clothes arrived at their house in two vehicles, one black and one white, and took them away. Tej Mudbhari, previously arrested and detained in Balaju army on 12 February, was released on 26 February on condition that he report back every three days. He was due to visit the camp again on 4 March. The reasons for the arrests are unknown. It is believed that both men may be held in Balaju army camp, although efforts to locate them, including informing the NHRC, have so far been unsuccessful.
1086. Bishnu Thapa, a 30-year-old businessman, Mahadevbesi. On 3 February 2004, at 11.30 pm, three security forces personnel in plain clothes came to his house, he was put into a van and driven away. The reasons for his arrest are unknown. Relatives visited both Gajuri and Bhaireni army camps in Dhading district, but the army has denied that he is held in either place.
1087. Om Prakash Timalsena, a 30-year-old garment factory worker, Sitapaila. On 10 February 2004 at noon, he was taken away from his workplace in Kalanki, Kathmandu, by four security forces personnel in plain clothes. The reasons for his arrest are unknown. It is believed that he is being held at Jag Dal Gan, in Chhauni army camp, however, efforts to locate him, including informing the NHRC, have so far failed.
1088. Saroj Babu Kuwar, a 37-year-old restaurant owner, Machapokhari, Balaju, Kathmandu. On 5 March 2004 at 11.30am, he was taken away from his restaurant by five security forces personnel in plain clothes. It is believed that he is being held at Shree Jang Gan army camp, Singha Durbar, Kathmandu. The reasons for his arrest are unknown, and attempts to locate him, including informing the NHRC, the Home and Defence Ministries, and the Army Human Rights Cell, have so far been unsuccessful.
1089. On 18 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on violence against women regarding Navina Lama (also known as Pasang), a 30-year-old painter. According to the allegations received, on 5 March 2004 at 9.45am, she was detained by a group of civilians following an explosion in the Ward Office of Ward No. 17, Lagankhel, Lalitpur district, and later handed over to security forces personnel. The Home Ministry has confirmed that she was arrested, however, her family has not been able to find out where she is being held.
1090. On 17 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression, regarding Dhani Ram Tharu, the district secretary of the Bardiya District "Backward Society Education Society" (BASE) and presenter of a radio programme which caters for the Tharu people, a socially and economically deprived ethnic group in the southwest of Nepal. According to the allegations received, on 13 March 2004 at around 5.30pm, he and six colleagues of the radio programme were in the office of the Yout h Society Adult Education Service Forum, Nepalgunj, Banker District, when they were arrested by uniformed members of the Armed Police Force, on suspicion of involvement in Maoist activities. They were taken away in a white van with government number plates to Birendra Prahari Byayamshala police compound. Dhani Ram Tharu was blindfolded and taken inside, while the other six were taken to the District Police Office, and released the following morning. Dhani Ram Tharu has not been released and his whereabouts remain unknown. His arrest has been reported to the NHRC.
1091. On 19 March 2004, the Special Rapporteur sent an urgent appeal concerning Binod Prabhat Ghimere, a business student, Sijuwa VDC, Ward No. 8, Morang district. According to the allegations received, on 11 March 2004 at 9 pm, four security forces personnel came into the house in Kathmandu where he was staying with his relatives, and took him away. It is unknown why Binod Prabhat Ghimere was arrested.
1092. By letter dated 8 November 2004, the Government informed that he is being detained at the Morang District Prison, Biratnagar, under the TADO.
1093. On 19 March 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, regarding Chakrapadi Acharya, a grocer, Niskot VDC, Ward No. 3, Myagdi district. According to the allegations received, on 8 March 2004 around 11.30am, 100 army personnel were marching through Niskot VDC, and some entered his shop. The army personnel slapped his father before taking Chakrapadi Acharya away. It is believed that he is being detained incommunicado at the army barracks in the Myagdi district headquarters.
1094. By letter dated 21 May 2004, the Government informed that soon after he surrendered before the local administration on 9 March 2004, he has been kept under the supervision of security personnel in Myagdi District Development Committee for his personal safety and security.
1095. On 22 March 2004, the Special Rapporteur sent an urgent appeal with respect to allegations received concerning:
1096. Rajendra Roka, a 23-year-old student. On 12 January 2004 at 1 pm, he was traveling by bus from Kathmandu to his home in Kuhu VDC, Ward No. 3, Myagdi district, when he was stopped at a security forces checkpoint at Amarsingh Chowk, Pokhara district. By the time he had passed through the checkpoint the bus began to depart. The security forces personnel arrested Rajendra Roka when he chased after the bus in the belief that he was running away from them. Relatives believe that Rajendra Roka was first held at Kali Prasad army barracks, Myagdi, and then moved to Bijapur Barracks, Pokhara, but they still have not had access to him.
1097. By letter dated 14 May 2004, the Government informed that Mr. Roka was not found to be under police detention as alleged.
1098. Ram Bilas Mahato, aged 35, and Laxmi Mahato, aged 27, both farmers, Belgachi VDC, Ward No. 9, Mahottari district. On 13 March 2004 at 3pm, they were blindfolded and arrested by security forces personnel outside a sugar mill in Ramnagar VDC. It is believed that they were taken to the area police office in Gausala, Mahottari district. The police have denied their arrest. It is believed that they are being held in an army barracks in Mahottari district but the reason for their arrest remains unknown.
1099. By letter dated 23 December 2004, the Government informed that Ram Bilas Mahato and Laxmi Mahato are in detention under the TADA at the District Prison in Mahottari.
1100. Durga Thapa, a 38-year-old factory worker, Labu VDC, Lalitpur district. On 15 March 2004 at 11pm, he was arrested at his home by security forces personnel wearing masks and taken away in a blue Toyota van. The Lalitpur district police office has denied arresting him. Relatives have informed the NHRC of his arrest but his whereabouts and the reason for his arrest remain unknown.
1101. On 22 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention with respect to allegations received concerning:
1102. Indra Raj Pathak, a 25-year-old health worker at the Chatredeurali medical post, Dhading district. On 8 March 2004 around 5.30pm, while he was walking on a street in the Bhimsenthan area of Kathmandu, he was put into a van with government registration plates by two security forces personnel in plain clothes and driven to Kalimati. The NHRC, the Army and relevant government ministries have been informed of his arrest. There are reports that security forces personnel came to the Chatredeurali medical post and beat Indra Raj Pathak one month earlier because he was suspected of giving medical treatment to members of the (CPN) (Maoist).
1103. Ramesh Dhungana, a 36-year-old wholesaler, Balaju, Kathmandu. On 12 March 2004 around 8.30pm, two security forces personnel in plain clothes came to his house and led him away on foot. His whereabouts are unknown. The NHRC has been informed of his arrest, and the reasons for his arrest are unknown.
1104. Ravindra Kumar Pudasani, a 24-year-old owner of a metal pots shop, Samakhusi. On 16 March 2004 around noon, three security forces personnel in plain clothes came his shop and took him away in a van. His arrest has been reported to the NHRC and relevant government ministries, but the reasons for his arrest remain unknown.
1105. On 24 March 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, with respect to allegations received concerning:
1106. Tikaram Bishwakarma, Jorpati, Kathmandu. On 26 February 2004 at 8.30am, two security forces personnel came to his home and took him away by motorcycle. Efforts to locate him by his relatives, including informing the NHRC, and visiting police and army camps, have so far been unsuccessful.
1107. Narayan Dhwaj Mahat, Bidur municipality, Nuwakot district. On 16 March 2004 at 1pm, he was his workplace in the Land Revenue Office, Kalanki, Kathmandu, by two security forces personnel in plain clothes. The reasons for his arrest are unknown, and efforts to locate him by his relatives, including informing the NHRC, and visiting police and army camps, have so far been unsuccessful.
1108. By letter dated 8 November 2004, the Government informed that Narayan Dwaj Mahat is being detained at Bhairab Nath Military Barracks, Maharajgunj, Kathmandu under the TADO.
1109. On 24 March 2004, the Special Rapporteur sent an urgent appeal concerning Dhaniram Tharu (cited in a previously transmitted communication).
1110. By letter dated 23 December 2004, the Government informed that he was detained under the TADA, and released on 16 February 2003.
1111. On 24 March 2004, the Special Rapporteur sent an urgent appeal, concerning Sheshkanta Sharma Chapagain, Kohalpur VDC, Banke district. Acccording to the allegations received, on 22 January 2004 at 11am, in the compound of the Supreme Court, he was abducted by unknown persons. He was petitioning for the return of vehicles confiscated by the security forces. Efforts to locate him by his relatives, including informing the NHRC, and visiting police and army camps, have so far been unsuccessful.
1112. On 2 April 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, with respect to allegations received concerning the unknown whereabouts of:
1113. Sitaram Tamang, Mahadevtar, Gangabu VDC, Ward No. 8, Kathmandu. On 24 March 2004 at 9pm, 10 uniformed security forces personnel came to his home and took him away in a van parked nearby. They told his wife that they would bring him back the same night or the next morning.
1114.Surya Bastakoti, Kushlechowr, Ward No. 16, Kathmandu. On 22 March 2004 at 9.50pm, six masked security forces personnel in plain clothes arrived at his home and took him away to the Sorakhutte police station in a blue Sorakhutte police van. When relatives visited the police station a short while later, they were told that he was had been moved to an unknown location. The next morning, the staff at the same station denied that he was held there at all, and suggested that the family try the National Police Academy, Maharajganj. There, the police denied that Surya Bastakoti was held there.
1115. By letter dated 21 May 2004, the Government informed that there is no person by the name of Surya Bastakoti in police detention.
1116. Samundra Budathoki, Manmaiju in Kathmandu. On 19 March 2004 at 10pm, two members of the Armed Police Force in plain clothes took him away in a blue van from the building site of his house.
1117. Tuk Nath Dhungana, Ward No. 5, Chauthe VDC, Nuwakot district. On the morning of 17 March 2004, he was arrested and taken away by around 20 security forces personnel while he was working in his fields.
1118. Man Bahadur Shrestha, Dhapasi, Kathmandu. On 11 December 2003 at 1am, a group of ten security forces personnel entered his home and took him away, telling his family that they were going to one of his factories and would return him soon.
1119. Achyut Kumar K.C., Jivanpur VDC, Dhading district. On 17 November 2003 at 5 pm, as he was returning home from his farm with a load of rice, he was stopped by a security forces patrol. His hands were tied and he was forced to carry the rice in the direction of Kumari and Chaute VDCs.
1120. By letter dated 8 November 2004, the Government informed that he was released on 8 September 2004 from detention on the order of the Supreme Court.
1121. Govinda Ghimire, Chabahil, Kathmandu. On 29 August 2003 at 9am, about 12 security forces personnel in plain clothes arrived at his home and took him away to a waiting van.
1122. By letter dated 8 November 2004, the Government informed that he is being detained at Bhairab Nath Military Barracks, Maharajgunj, Kathmandu, under the TADO.
1123. On 7 April 2004, the Special Rapporteur sent an urgent appeal with respect to allegations received concerning the unknown whereabouts of:
1124. Sane Adhikari, a 55-year-old priest, Panchanagar VDC, Nawalparasi district. On 19 March 2004 at 5pm, he was arrested at his home by two Armed Police Force personnel in plain clothes from the Bindhya Basini APF camp. Sane Adhikari was told to show them where the village chairman’s house was. After he complied, the men took him away for questioning on a motorbike with no number plates.
1125. Jeet Bahadur Chaudhari, a 28-year-old farmer, Panchanagar VDC, Nawalparasi district. On 20 March 2004 at 6am, he was arrested at his home by four personnel in plain clothes from the Bindhya Basini APF camp.
1126. Krishna Bahadur Paudel, a farmer, Panchanagar VDC. On 21 March 2004 at 5am, he was arrested at his home by ten uniformed APF personnel, who took him away for questioning. A notice was later put out by the security forces Unified Command, that he was arrested and being held in the District Police Office. Relatives tried to visit him there but the police refused all access to him.
1127. Durga Datta Gautam, Tek Nath Sigdel and Guru Prasad Subedi, Deureli VDC, Nawalparasi district. On 18 and 23 February 2004, they were arrested and are to be held at Kawasoti army barracks. The army denies all knowledge of their whereabouts.
1128. Bhim Giri, a 27-year-old student, and Bhai Kaji Ghimire, a journalist (cited in a previously transmitted communication). On 3 December 2003 at around 3pm, they were travelling west through the Chhetrapati area of Kathmandu when they were arrested. Bhim Giri was beaten by the security forces personnel when he shouted out. Ten minutes later, both men were taken away in a car and their whereabouts are unknown since then. Efforts to locate them, including informing the NHRC of their arrests, have so far been unsuccessful.
1129. Lok Prasad Bhurtel, a 40-year-old accountant. On 15 March 2004 at 3pm, he was arrested by security forces personnel has he left his workplace, the Nepal Transportation Corporation, Teku, Kathmandu. It is believed that he may be held at Maharajgunj army barracks, Kathmandu. However, efforts to locate him, including informing the NHRC of his arrest, have so far been unsuccessful.
1130. On 14 April 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson of the Working Group on Enforced and Involuntary Disappearances and the Special Rapporteur on the right to freedom of opinion and expression, with respect to allegations received concerning:
1131. Kedar Prasad Bidari, Swayambhu, Kathmandu municipality. On 7 March 2004, four security forces personnel in plain clothes took him away by van from his workplace. It is believed that he is being held in Jag Dal Gan, Chhauni army camp. The army has denied this.
1132. Ngadar Bhote, a pig farmer, Ward No. 3, Mahankal VDC, Kathmandu district. On 17 March 2004 at 4am, a group of 15 Armed Police Force personnel arrived at his house, arrested and took him away on foot in the direction of the Boudha area of the city. His case has been sent to the NHRC.
1133. By letter dated 8 November 2004, the Government informed that Ngdar Bhote is being detained at a prison in Kathmandu under the TADO by the District Administration Office, Kathmandu.
1134. On 16 April 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention concerning Jhabaru Chaudhary (also known as Jaya Kumar Chaudhary), a 37-year-old farmer, Makhanjhora village, Ward No. 6, Madhesha VDC, Sunsari district. On 9 February 2004 at 8am, security forces personnel arrived at his home, and arrested his 15-year-old son when he could not be found. Upon leaving the village, the soldiers arrested Jhabaru Chaudhary, who was on his way home. They released his son, and drove to Itahari camp, the Eastern Region Army Headquarters. Jhabaru Chaudhary was seen three days later sitting in an army truck as it patrolled the village. Since his arrest, he is being held incommunicado at the camp. Relatives visited the camp several times to visit Jhabaru Chaudhary, but the soldiers denied them any visits.
1135. By letter dated 23 December 2004, the Government informed that he is in detention under the TADA at the District Prison, Biratnagar, Morang.
1136. On 26 April 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on the right to freedom of opinion and expression, concerning an order banning public demonstrations and the assembly of more than five persons within the Kathmandu Ring Road and Lalitpur areas issued by the Kathmandu District Administration on 8 April 2004. According to the allegations received, following this, demonstrations of lawyers, journalists and other people to protest against the current situation in the country have been violently repressed. On 9 April 2004, several hundred lawyers were arrested following a demonstration and released. On 11 April, the security forces arrested 50 journalists in Kathmandu, and released them after detaining them for two hours. On the afternoon of 15 April, over 1,000 peaceful demonstrators were arrested and then held in warehouses and other overcrowded and unsanitary locations unsuitable for the detention of prisoners – in many cases for a number of days – before being released without charge. Three students and 11 political party members, who participated in the protests, including the President of the Nepali Congress, Girija Prasad Koirala, are still being held in preventive custody under the Public Security Act. Some of those arrested continue to be held incommunicado. 200 journalists from different locations in Kathmandu were arrested by the security forces on 17 April, and held at several detention centres before being released the same day. At least two journalists arrested on 16 April 2004 were beaten and released on the morning of 17 April. On 21 April, 300 to 500 lawyers were arrested during a peaceful demonstration in Kathmandu, organized by the Nepal Bar Association. The lawyers were arrested and taken to Mahindra Police Club where they were subsequently released but were unable to seek legal representation during the time of their arrest. In this respect, the Special Rapporteurs continue to express their concern for the arrest and detention of other journalists and lawyers over the past few months, in particular the lawyers Shyam Kumar Shrestha (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, para. 1221), Gopi Krishna Thapaliya (cited in a previously transmitted communication, ibid, para. 1225), Gopi Bahadur Bhandar, Basudev Sigdel (cited in a previously transmitted communication, see above), Krishna Silwal, Laxman Prasar Ayral and Jeetaman Basnet (cited in a previously transmitted communication, see above).
1137. On 26 April 2004, the Special Rapporteur sent an urgent appeal with respect to allegations received concerning:
1138. Radha Baitha, a teacher, Ward No. 4, Sirsia VDC, Parsa district. On 5 April 2004 at 2pm, he was arrested by a group of 15 security forces personnel in plain clothes at his house. He was asked by the men to go with them for questioning. Some villagers informed that he would be released the following day, after completing some formalities. His relative s were assured by the major in charge of Birganj army barracks that he would be released a week later. When he was not released, his family visited the barracks, and this time the major denied that he was detained there. The case of Radha Baitha was reported to the Defence Ministry and the Home Ministry, and to the NHRC on 19 April 2004. His whereabouts remain unknown.
1139. Bhuwan Sen (also known as Chham Bahadur Sen), Ward No. 2, Baglung district. On 20 March 2004, he was arrested in Ward No. 7, Tarakhola VDC, Baglung district, by over 50 security forces personnel. After his arrest he was seen in Baglung Bazar handcuffed and blindfolded. His whereabouts are unknown since his arrest.
1140. By letter dated 8 November 2004, the Government informed that he is being detained at a prison in Baglung, Baglung District, under the TADO.
1141. Prakash Timalsena, a 30-year-old factory worker (cited in a previously transmitted communication, see above). According to the new information received, his family was informed that he was being held at Chhauni army barracks in Kathmandu. However, there has been no official confirmation of his location.
1142. On 12 May 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Raj Kumar Limbu (also known as Raju), a 37-year-old owner of a hardware store, Madan Limbu, a 48- year-old owner of a vegetable store, and Padam Hari Paudel, a 49-year-old ex-serviceman, all from Kumarigal, Kathmandu, Ward No. 7. According to the allegations received, on 18 April 2004 at 1.30 pm, five security forces personnel in plain clothes arrived first at Raj Kumar Limbu’s shop, then went to Madan Limbu’s shop, where they arrested Maden Limbu. The security forces personnel returned for Raj Kumar Limbu and took both men away in a red van towards Gausala. Around 7pm the same day five security forces personnel in plain clothes arrived at Padam Hari Paudel’s home and took him away in a red van with Raj Kumar Limbu and Madan Limbu inside. The reasons for their arrest and their whereabouts are unknown. Raj Kumar Limbu was unable to carry his medication when he was arrested, and that Padam Hari Paudel suffers from a heart condition.
1143. On 8 June 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on violence against women regarding Chini Maya Majhi, aged 34, president of a the NGO Mahila Utthan Sangh, living in Kathmandu Metropolitan City-4, Chandol. According to the allegations received, on 31 May 2004 at 10pm, she was arrested by seven security forces personnel in plain clothes and taken away in a jeep. Prior to taking her away, they made her husband sign with his thumbprint a document he was not allowed read. The reason for her arrest and her current whereabouts are unknown.
1144. By letter dated 8 November 2004, the Government informed that she was released on 7 June 2004.
1145. On 9 June 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression regarding Phulmaya Dahal, aged 19, Chandra Bahadur Prasai, aged 22, Devraj Pradhan, aged 38, Dilliram Rijal, aged 36, and Gangaram Lamitade, aged 45, all refugees from Bhutan living in Be ldangi refugee camps, Jhapa district. According to the allegations received, on 2 June 2003, Chandra Bahadur Prasai from Beldangi I camp was arrested by 10 plain clothes security forces personnel. He was taken to the Armed Police Camp, Damak, and then to the Police District Headquarters, Chandragadi, the next morning. He was beaten during his interrogation. On 3 June, Phulmaya Dahal, Devraj Pradhan, Gangaram Lamitade, all from the same camp, and Dilliram Rijal, from Beldangi II camp, were arrested by security forces. Except for Gangaram Lamitade, who was first taken to Damak Police Station, the others were taken to the Armed Police Camp. All are currently held in the Police District Headquarters. Fifteen-year-old J. T. was arrested and taken to the Armed Police Camp but released the same day. Parbati Khadka was arrested, taken to the Damak police station, and released on condition that she report everyday until a decision concerning her is made. The five above-mentioned persons are held in incommunicado detention on suspicion of their involvement with the CPN (Maoist).
1146. On 11 June 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson of the Working Group on Enforced and Involuntary Disappearances and the Special Rapporteur on the right to freedom of opinion and expression regarding Jetendra Khadka, a 23-year-old grocery shop keeper. According to the allegations received, on the night of 18 May 2004, he was arrested by around 15 security forces personnel in Tinthana VDC-9, Kathmandu district, and taken away in an army van. The security forces personnel told his relatives that he was needed for an inquiry. His whereabouts since then are unknown. His family visited the Panighat barracks, Thankot, several times but was informed that Jetendra Khadka was not in their custody. His arrest was reported to the NHRC, the Home Ministry and the Ministry of Defence, the Human Rights Protection Centre, the Prime Minister’s Office, and to the security forces on 28 May.
1147. On 21 June 2004, the Special Rapporteur sent an urgent appeal concerning Narayan Poudel, a 38-year-old man from Mahadevsthan VDC, Kavre, and a member of the local organizational committee of the Communist Party of Nepal (UML). According to the allegations received, on 10 June 2004, he was arrested by a group of 70 security personnel at his home. He was last seen on 15 June 2004, when security personnel tried to intimidate the villagers by marching with Narayan Poudel handcuffed through Mahadevsthan VDC. His whereabouts are unknown since then. A local human rights organization informed the NHRC and the Home Ministry and the Defence Ministry about his case.
1148. On 23 June 2004, the Special Rapporteur sent an urgent appeal, concerning P. P., age 17, Prasanta Tharu, age 18, Tilak Ram Chaudhary, age 30, Tika Ram Giri, age 41, Mani Ram Chaudhary, age 21, Sher Bahadur Oli, age 28, and Deshu Ram Tharu, age 25. According to the allegations received, they were arrested between October 2003 and February 2004, by army personnel from the Imangagar Army Barracks. They were all held incommunicado, including the child, for about 10 days and subjected to torture and other forms of ill-treatment. They were later moved to Banke district prison in Nepalgunj. With the assistance of a lawyers’ group, their relatives filed habeas corpus petitions on their behalf in the Appellate Court, Nepalgunj. When the court asked for more information about the detainees, the office of the Chief District Officer claimed that six of them had already been released. On 29 February 2004, the court quashed the petition filed on their behalf, without examining the office’s claim. On 4 March 2004, a second petition was filed in the same court on their behalf. On 20 June 2004, the court found that all seven were detained illegally and issued an order for their release. On 21 June 2004, the seven were released. Immediately after their release, they were followed by plain clothes security forces personnel. A group of lawyers and human rights activists brought the seven and members of their families to the offices of Advocacy Forum for safety. The security forces personnel have surrounded the office, and although they have not entered the building, they are waiting outside to re-arrest them.
1149. On 1 July 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson of the Working Group on Enforced or Involuntary Disappearances, regarding Nati Shrestha, a 35 year-old contractor, Chadeswori VDC-6, Tokha, Kathmandu. He was an elected Ward-Chairman of VDC-6 from Nepali Congress in 1997 local elections. According to the allegations received, during the night of 22 June 2004, he was arrested at his home by 13 armed security personnel in plain clothes, handcuffed and taken away. The following day, he was taken back to his house. They informed Nati Shrestha that explosive materials had been found in his house and took pictures of him surrounded by these materials. He was later taken away to an unknown location. The reasons for his arrest have not been disclosed yet and his whereabouts are unknown since 23 June 2004. The NHRC, the Defense Ministry, the Home Ministry and other relevant authorities have been informed on this case by a local human rights organization.
1150. On 7 July 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur on violence against women and the Special Representative of the Secretary-General on the situation of human rights defenders regarding M. S. (cited in a previously transmitted communication), and Ms. Bimala B. K., aged 20, Kharelthok VDC-4, Kavre, who witnessed the arrest of M. S. According to the allegations received, on 11 February 2004 at around 10am, she was returning home from Bhagvati Temple when she was arrested by the police of Bhagvati Station on suspicion of being a Maoist. A the police station she was severely beaten, hit with plastic pipes, her head was submerged in water, her knees and feet were sliced with a sharp blade, and salt and chili powder were sprink led over the injuries. She was gang-raped by soldiers over 15 consecutive nights. She was forced to take sedatives. On 18 February 2004, she was taken to Bhagvatisthan and forced to show to the police M. S.’s house. M. S. was arrested and they were both taken together to Shantigate Army Barracks and to Panchkal Centre, where they were kept in separate rooms and beaten. Bimala B. K later reported that she had heard M. S. screaming. On 19 February 2004, Bimala B. K. was taken to Dhulikhel Police Station and has not seen M. S. since then. Whenever she asked police about her location and condition, she was given varying responses. On one occasion she was told that she had been killed. On 24 March 2004, Bimala B. K. was transferred from Dhulikhel Police Station to a women’s prison. No detention warrant has been issued by any judicial authority. A foreign embassy was informed by the army that M. S. was killed when she tried to escape from custody; that an autopsy was conducted and the body handed over to her family. However, her relatives maintain that they have never seen her body nor received any information about her fate. The relatives of M.S. have reported harassment and intimidation since her arrest.
1151. On 9 July 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson of the Working Group on Enforced or Involuntary Disappearances regarding Gopal Maharjan, a 44-year-old businessman, Kathmandu Metropolitan City-30, Jyahta. According to the allegations received, on 4 July 2004 at 1.30am, he was arrested at his house by 11 armed security personnel in plain clothes. He was put in a Maruti Gypsy Jeep (registration No. Ba 1 Chha. 6713) and taken away towards Thamel. Three people reportedly witnessed the arrest. The reasons of his detention are unknown and his whereabouts have not been disclosed yet. The incident has been reported by his relatives and a human rights organization to the NHRC, the Defence Ministry, the Home Ministry and other relevant authorities.
1152. On 12 July 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson of the Working Group on Enforced or Involuntary Disappearances and the Special Rapporteur on the right to freedom of opinion and expression regarding Babu Raja Prajapati, aged 38, treasurer of Jyapu Malagut hi and member of All Nepal Peasants Organization, Kathmandu District Chapter, resident of Myehapi, Kathmandi Metropolitan City-6. According to the allegations received, on 6 July 2004 at 11am, he was arrested by some four security personnel in plain clothes at his residence. They searched his house and interrogated him about the tenants. He was taken away in a van and since then his whereabouts have not been disclosed. His wife witnessed his arrest. She reported the case to a human rights organization, which in turn sent an appeal to the NHRC, the Defense Ministry, the Home Ministry and other relevant authorities.
1153. By letter dated 8 November 2004, the Government informed that he was released from detention on 20 August 2004.
1154. On 13 July 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson of the Working Group on Enforced or Involuntary Disappearances and the Special Rapporteur on the right to freedom of opinion and expression, regarding Hari Sharan Maharjan, aged 23, Bosigaun, Ward No. 3, Satungal VDC, Kathmandu district. According to the allegations received, on 2 July 2004 at 4 pm, he was taken away by security forces personnel from his workplace, Satungal VDC. Since then his whereabouts are unknown.
1155. On 19 July 2004, the Special Rapporteur sent an urgent appeal concerning Yek Raj Basnet, Khagendra Sambahamfe, Ram Bahadur Ingaram and Tek Bahadur Bista. According to the allegations received, on 15 January 2004, a detention order was issued against them, authorizing their detention for 90 days under the Public Security Act (PSA). They were held in Morang District Prison. The detention order was later extended for a further 90 days to mid-June 2004. Although the detention order expired, the detainees did not want to leave the jail as they were concerned that they would be targeted or killed by security forces after their release. On 14 July 2004, they were brought to Morang District Court to be released in the presence of a judge, in accordance with the PSA. The judge requested four lawyers from the district Bar Association to sign a document confirming that they had been present when the detainees were released. It is reported that as soon as Mr. Yek Raj Basnet, Mr. Khagendra Sambahamfe, Mr. Ram Bahadur Ingaram and Mr. Tek Bahadur Bis left the court chambers, they were re-arrested by security forces in plain clothes. They were forced into a vehicle and taken away to an unknown location. Their whereabouts are unknown since then.
1156. By letter dated 8 November 2004, the Government informed that Yek Raj Basnet, Khagendra Sambahamfe and Tek Bahadur Bista are being detained at a prison in Morang, Biratnagar, Morang District, under the TADO. By letter dated 9 December 2004, the Government informed that Ram Bahadur Ingaram is being detained at the District Prison, Morang, Biratnagar.
1157. On 28 July 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention concerning Pushpa Lal Dhakal (cited in a previously transmitted communication, see above), Pushpa Neupane, aged 50, Damak municipality, Ward No. 11, Jhapa district, Yam Giri, aged 22, Pachgachi VDC, Ward No. 1, Jhapa district, Deepak Budathoki, aged 28, Dharampur VDC, Ward No. 5, Jhapa district, Syam Tamang, aged 46, Nuwakot district, and Dev Raj Rai, aged 25, Bhojpur district. According to the allegations received, Pushpa Lal Dhakal was held at Charali Army barracks during the first ten days of detention in January 2004. There, he was beaten and his ribs were broken. He was later transferred to Chandragadi Prison, where he was held under the TADA. His family was allowed only four visits to the Chandragadi prison. On 25 July 2004, Jhapa District Court, Chandragadi, Bhadrapur municipality, ordered the release of the above six mentioned men. However, they were re-arrested by around 50 security forces personnel in plain clothes immediately after they left the court, and were taken away in a van headed towards Charali Army barracks. The arrested men have had no access to their lawyers and relatives. On 26 July 2004, Pushpa Lal Dhakal’s family was told by an officer at Charali Army barracks that he was being held there following his arrest. They were also told that they would be allowed to see him if they returned to the army barracks on 1 August 2004.
1158. By letter dated 8 November 2004, the Government informed that Yam Giri is being detained at a prison by the District Administration Office, Jhapa District, under the Security Act. By letter dated 9 December 2004, the Government informed that 0 Morang, Biratnagar.
1159. On 30 July 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression concerning Ajaya Shahi, a 24- year-old butcher and member of the Kathmandu branch of the Newa National Liberation Front, living in Tusal Tole, Boudhanath Marg, Kathmandu municipality, Ward No. 6. According to the allegations received, on 19 July 2004 at around 11am, he was arrested at his place by six security forces personnel in plain clothes and taken away. The security forces said that they wanted him for inquiries. His whereabouts are unknown since then. His case has been reported to the Defence and Home Ministries, the head of the security forces, the NHRC, and the Human Rights Promotion Centre in the Prime Minister’s office.
1160. On 12 August 2004, the Special Rapporteur sent a joint urgent appeal with Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur on the right right to health and the Special Representative of the Secretary-General on the situation of human rights defenders, with respect to allegations received concerning:
1161. Jaya Bahadur Lama, Ramesh Lama, Binod and Madan.On 25 July 2004, the four men were stopped by the police at about 3.30am in a street near Jamal, forced into a police van, beaten and had their money taken. While driving around the city, the van stopped and one officer took Jaya Bahadur Lama out into the street, beat him, forced him to perform oral sex and anally raped him. The men were then taken to Gausala police station where Ramesh Lama was taken into the backyard of the police station, beaten and forced to perform oral sex. Although Jaya Bahadur and Ramesh Lama manage to escape from the police, Binod and Madan were kept inside the van and were beaten and raped by approximately 12 policemen for around three hours. The Blue Diamond Society, a non-governmental organization which campaigns for the rights of sexual minorities, made a complaint to police authorities about this attack and the recent arrests may be in retaliation for this complaint.
1162. 39 male transvestites (‘metis’). On 9 August 2004, all members of the Blue Diamond Society, they were arrested on the street and in public places including bars and restaurants. They are now held in Hanuman Dhoka police station and were not given food or drinking water for their first 15 hours in custody.
1163. On 20 August 2004, the Special Rapporteur sent an urgent appeal concerning Yuba Raj Chalagain (cited in a previously transmitted communication, para. 1030) According to new allegations received, he is currently held at Singha Durba army barracks. He has been beaten in custody and that he is not allowed visits. He has not been given any explanation yet as to the reasons for his detention.
1164. By letter dated 10 November 2004, the Government informed that he was released from detention on 24 September 2004 on the order of the Supreme Court. By letter dated 23 December 2004, the Government informed that he is being detained under the TADA at the Investigation and Enquiry Centre in Sundarijal, Kathmandu.
1165. Rebakala Tiwari, Subash Shrestha, and Shaha Dev Ghimire (cited in a previously transmitted communication, para. 1034).
1166. On 6 September 2004, the Special Rapporteur sent an urgent appeal, concerning Jahid Ali Sai, a 30 year-old farmer, Bankattee VDC. According to the allegations received, on 21 August 2004 at 5pm, approximately 100 soldiers surrounded and searched his home, and arrested him along with the owner of the house. The two men were tied up with rope and taken to Shi Kali Dal army barracks, Nepalgunj, Banke district. While the owner of the house was released on the following day, Jahid Ali Sai was kept in detention at the army barracks. The army denied that he was in their custody. A local huma n rights organization has appealed without success to local army officials to make his whereabouts known. The reasons for his arrests have not been disclosed.
1167. On 15 September 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Tek Nath Sidgel, Guru Prasad Subeti, and Durga Datta Gautam (cited in a previously transmitted communication, para. 1128). According to new allegations received, on 15 April 2004, a human rights organization filed a habeas corpus petition on behalf of their families in the Supreme Court of Nepal. An order was issued asking the authorities to present the detainees in court. Local authorities, including a local army brigade and the Chief District Officer (CDO), responded to the court by denying the arrest and detention of the men. Tek Nath Sidgel and Guru Prasad Subeti were later remanded for 90 days in accordance with a detention order issued on 6 June 2004 by the CDO of Nawalparasi under the “Terrorist and Disruptive Activities (Control and Punishment) Act” (TADA). On the afternoon of 4 September 2004, members of their families accompanied by journalists and representatives of local human rights organizations went to Nawalparasi prison to demand their release. Both men were eventually released by the prison administration on the same day. However, the two men were immediately re-arrested outside the prison by security forces personnel, although the detention order had expired. The men were put in a jeep and taken away to an unknown location. It is also reported that the whereabouts of Durga Datta Gautam, who was arrested in Nawalparasi district on 18 February 2004, is still unknown.
1168. By letter dated 23 December 2004, the Government informed that Durga Datta Gautam was killed on 20 March 2004.
1169. On 22 September 2004, the Special Rapporteur sent an urgent appeal, concerning Dil Bahadur Baniya (also known as Mr. Bhimsen Baniya) a 19 year-old businessman, and Bharat Paudel, a 25 year-old teacher, both living in Ekantakuna place, Lekhnath municipality, Ward No. 11, Kaski district. According to the allegations received, on 16 September 2004 at around 12:30pm, Dil Bahadur Baniya was arrested from his shop at Begnash Lake bus stop in Leknath municipality by four security forces personnel in plain clothes. He was put in a white jeep and driven towards Tal Chowk. Since then, his whereabouts are unknown. At the same time, Bharat Paudel was arrested from New Light Secondary Boarding School, Sishuwa place, Lekhnath municipality, Ward No. 8, by six security forces personnel in plain clothes. He was put in a jeep and driven towards Brigade No. 3 of the Royal Nepalese Army (Bijayapur Barrack), Kaski. Since them, his whereabouts are unknown. Several public appeals for their release have been made by local human rights organizations. Their cases have been brought to the attention of the NHRC, the Defence Ministry, the Home Ministry and other relevant authorities.
1170. On 23 September 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on the right to freedom of opinion and expression, regarding Man Bahadur Budhamagar, a 22 year-old farmer, Basneuta VDC. According to the allegations received, on 16 September 2004 at around 12:30pm, he was put into an army van by members of the Royal Nepal Army, blindfolded and taken to the Majaha Gaon Army Barrack, Mahendra Nagar, Kanchanpur District, where he is believed to be currently detained. He has been denied access to his family and lawyers. Man Bahadur Budhamagar had already been arrested on 17 August 2004 and detained at the above-mentioned barracks until 2 September 2004. During this period of detention, he was subjected to repeated assaults by members of the Army, aimed at extorting information on Maoist activities. Man Bahadur Budhamagar required medical treatment after his release.
1171. On 29 September 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding R. S. D., age 17, and his father, Bal Krishna Dhakal, a teacher. According to the allegations received, on 18 June 2004, R. S. D. was arrested by security forces personnel when he was walking home from college in Chitwan district. He was taken to an unknown location and his family did not receive any information about his whereabouts for the first 22 days of his detention. They were later informed that he was being held in Bharatpur army barracks, but they were not allowed to visit him. On 23 August 2004, Bal Krishna Dhakal was arrested and detained in the same barracks for four days before being taken to prison. He had been detained one month earlier in connection with a bank robbery investigation, and was severly beaten in detention. It is unknown whether he has been charged or brought before a judicial authority.
1172. On 29 September 2004, the Special Rapporteur sent a joint urgent appeal with Special Rapporteur on the independence of judges and lawyers, regarding Govinda Damai, an 18 year-old man belonging to the Dalit community. According to the allegations received, on 19 July 2004, he was arrested without warrant by security forces personnel from Rajhena, Banke. On 23 July 2004, the Chief District Officer of Banke district signed a detention order and he was remanded for three months’ preventative detention pursuant to the Public Security Act. On 26 September 2004, the Nepalgunj Appellate Court ruled that he had been illegally detained and ordered his release. However, he was re-arrested on the following day and taken away by security forces. His whereabouts are unknown since then. The District Police Office Banke has denied knowledge of his detention. There is concern that this case may reflect a growing trend in recent months of persons being re-arrested by security forces as soon as they are freed by the courts, directly undermining the authority of the courts.
1173. On 29 September 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on the independence of judges and lawyers, regarding J. K., age 16, and his father, Keshu Ram Kewat, age 50, both residents of Betahani VDC-5, Banke district. According to the allegations received, on 15 April 2004, they were arrested by the army in Nepalgunj, Banke district, blindfolded and taken to Fultekra barracks. During the first four days of their detention they were kept blindfolded, beaten with wooden sticks and electric wires, while being questioned about the activities of Maoist forces. They were not given access to their family members, lawyers and medical services. On 31 May 2004, the army handed them over to the District Police Office Banke and they were detained under the Public Security Act until 19 September 2004, when the Nepalgunj Appellate Court ordered their release from preventive detention. However, on 20 September their lawyers and family members were informed that they had been re-arrested by the police. They were detained in the Wada Police Office, Nepalgunj.
1174. By letter dated 23 December 2004, the Government informed that both are in detention under the TADA at the District Prison, Nepalgunj, Baanke.
1175. On 14 October 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the right to freedom of opinion and expression, regarding Yagya Dhakal, publisher and chief editor of "Aawaj Weekly", and from Shantinagar, Kathmandu. According to the allegations received, on 9 October 2004, he was taken by security forces personnel to an undisclosed location.
1176. On 14 October 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on violence against women and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Bimala B. K. (cited in a previously transmitted communication, para. 1151). According to new allegations received, she is currently held in Kathmandu Prison, having been in custody for almost six months without charge, and subjected to torture. Concern is heightened by recent reports confirming that M. S. (cited in previously transmitted communications, para. 1068 and 1151), died in custody.
1177. On 22 November 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson of the Working Group on Enforced or Involuntary Disappearances and the Special Rapporteur on the right to freedom of opinion and expression, regarding Prakash Thapa, a 36 year-old construction worker, Kapan VDC, Kathmandu district. According to the allegations received, on 10 November 2004 at 11:30pm, he was arrested at home by six security forces personnel. Three of the men were wearing plain clothes, while the other three wore army uniforms. They searched the house and took away a computer and Prakash Thapa’s mobile phone. They said that they were taking him away for questio ning and would inform the family when the investigation was completed, in about two to three days. Prakash Thapa was taken away in a pick-up truck with the license plate "Ba 1 Cha 3923". His family members have visited local army barracks but have been unable to locate him. Prakash Thapa is a member of Amnesty International.
Follow-up to previously transmitted communications
1178. By letter dated 4 May 2004, the Government provided informed that the following persons are not under police detention: Deepak Pandey (E/CN.4/2004/56/Add.1, para. 1173); Ramesh Sharma (ibid, para. 1174); Prithwi Kumar Prajapati (ibid, para. 1175); Navin Pun, also known as Biswas (ibid, para. 1197); Ek Nath Chaulagain (ibid, para. 1200); Hari Dev Mandal (ibid, para. 1222); Sanjay Raya (ibid, para. 1223); Gopi Krishan Thapaliya (ibid, para. 1225); Saha Dev Risal, Purushottam Sapkota, and Jagatkrishna Pokharel (ibid, para. 1228); Sanjiv Kumar Karna (also known as Dipu), Pramod Narayan Mandal, Sailendra Yadav, Jitendra Jha, and Durgesh Kumar Labh (ibid, para. 1231); and Shiva Prasad Gautam (ibid, para. 1237).
1179. By letter dated 6 May 2004, the Government responded to a letter dated 9 September 2003, concerning, Kumar Lama (E/CN.4/2004/56/Add.1, para. 1186). The Government informed that he has been released on bail.
1180. By letter dated 8 November 2004, the Government provided information concerning Dev Bahadur Maharjan (E/CN.4/2004/56/Add.1, para. 1254). The Government informed that he is being detained at Jagdal Military Barracks, Chauni, Kathmand u under the TADO.
Observations
1181. The Special Rapporteur draws attention to statements issued on 9 March and 14 July
2004, jointly with other experts of the Commission on Human Rights, concerning the
deteriorating human rights situation in Nepal in the context of the conflict between the
Government and the Communist Party of Nepal (Maoist). In view of the large number of allegations received by the experts and transmitted to the Government, they expressed concern about the harassment of journalists, teachers, lawyers and trade unionists; allegations of disappearances of suspected Maoist sympathizers; torture and other forms of ill- treatment of detainees, particularly those held incommunicado; and the impunity of security forces responsible for human rights violations, as well as the indiscriminate attacks against civilians
by boths sides of the conflict.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.