IDHAE Urgent Appeal

Lawyers situation in Nepal

IDHAE writes to His Majesty the King Gyanendra Bir Bikram Shah Dev

INSTITUT DES DROITS DE L’HOMME DES AVOCATS EUROPÉENS - ISTITUTO DEI DIRITTI DELL'UOMO DEGLI
AVVOCATI EUROPEI - INSTITUT FÜR MENSCHENRECHTE DER EUROPÄISCHEN ANWÄLTE - ΙΝΣΤΙΤΟΥΤΟ
ΑΝΘΡΩΠΙΝΩΝ ΔΙΚΑΙΩΜΑΤΩΝ ΤΩΝ ΕΥΡΩΠΑΙΩΝ ΔΙΚΗΓΟΡΩΝ - - INSTITUDO DE DERECHOS HUMANOS DE
ABOGADOS EUROPEOS - INSTITUT LIDSKÝCH PRAV EVROPSKÝCH ADVOKATU - INSTYTUT ADWOKATÓW
EUROPEJSKICH NA RZECZ PRAW CZLOWIEKA - INSTITUT FOR MENNESKERETTIGHEDER AF EROPEAEISKE
ADVOKATER - INSTITUTO DE DIREITOS HUMANOS DOS ADVOGADOS EUROPEUS -
EUROPEAN BAR HUMAN RIGHTS INSTITUTE

Paris le 10.02.2005

Letter and Fax : Fax no: 00 977 1 4 275 685 and Fax : +977 1 4 4423951

URGENT APPEAL IDHAE Case of lawyer Sindhunath Pyakurel, former chairman of the Nepal Bar Association

Nos réf :       020782 BF/CH

Your Majesty,

Dear Inspector General,

The European Bar Human Rights Institute (IDHAE). whose affiliated are the  the International Committee of The Law Society of England and Wales, the  Human Rights Institutes of the Bar of Paris, Brussels, and Bordeaux,  as well as the Union of European Lawyers  and the Polish Bar human Rights Institute, has as among  its aim   interventions, regardless of the limitations of borders, in favour of freedom and the fundamental rights of lawyers.

Or Institute is very concerned  for the safety of lawyer Sindhunath Pyakurel, former chairman of the Nepal Bar Association; Bishnu Nisturi, General Secretary of the Federation of Nepalese Journalists; and hundreds of others who have been detained by security forces’ personnel following the declaration of a state of emergency and the dismissal of the government on 1 February 2005.

We are reliably informed that Sindhunath Pyakurel was arrested by security forces personnel on 1 February at his office in Kathmandu. He suffers from a heart complaint and will be in need of medical attention while in custody.

Nepal voluntarily became party to the United Nations International Covenant on Civil and Political Rights in May 1991. Article 4 of this treaty which governs states of emergency states that:

1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

The rights enumerated under Article 4(2) which are non-derogable and, therefore, must be respected at all times include the right to life (Article 6); the right not to be subjected to torture or ill-treatment (Article 7); and the right to recognition everywhere as a person before the law (Article 16).

In this context, I respectfully urge that Sindhunath Pyakurel and all those in custody be given immediate access to their relatives, lawyers and any medical attention that they may require. I ask for your assurance that they be treated humanely while in custody and not subjected to torture or ill-treatment. I urge you to release them immediately and without conditions unless they are to be charged with a recognisable criminal offence.

In hope you will take these requests into account,

Yours sincerely,

Christophe  PETTITI                             Bertrand FAVREAU

  General Secretary                                         President