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NEPAL

May 29, 2007

Harassment against

Lawyers of

Advocacy Forum,

a Nepalese non-governmental organisation (NGO) created in 2001 by human rights lawyers that has been providing legal aid to detainees in police detention centres

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Sharma helped found the Advocacy Forum

TAKE ACTION NOW !

Harassment - NPL 002 / 0607 / OBS 061

 

 According to the information received, while on a regular visit to the police detention centre of Banke district on May 29, 2007, the lawyers of Advocacy Forum were denied any access to the detainees by the District Police Office (DPO). When the regional office of Advocacy Forum in Midwestern, Banke district, attempted to regain access to the detention centre by phoning the Chief of the DPO and the Superintendent of Police (SP), Mr. Uttam Kark, the latter justified this denial by the fact that Advocacy Forum would have “made unnecessary reports stating that Bablu Rai was tortured by the police”.

 

Indeed, on May 22, 2007, Advocacy Forum had lodged a complaint to the District Court of Banke on behalf of Mr. Bablu Rai, currently detained at the District Police Office of Banke and who was subjected to acts of torture while in detention.

 

On May 31, 2007, lawyers from the Regional Office of Advocacy Forum in Nepalgunj met Mr. Uttam Kark and the Deputy Superintendent of Police (DSP), Mr. Kuber Kadayat, to discuss the impasse. There, Mr. Uttam Kark blamed Advocacy Forum for giving the DPO “unnecessary burdens”, and questioned the relationship between the lawyers of Advocacy Forum and the DPO detainees, before stating that lawyers of Advocacy Forum would need a written request from the detainees to have access to them. Furthermore, he accused Advocacy Forum of fabricating Mr. Bablu Rai’s claim and promised that hewould continue to work on his own terms”.

 

Finally, on June 3, 2007, representatives from the central office of Advocacy Forum in Kathmandu met Mr. Manoj K.C., of the Human Rights Police Cell in the Kathmandu Police Headquarters, who stated that he would discuss with the higher office at police headquarter and try to solve the problem soon. However, no progress has yet been made.

 

Advocacy Forum is a leading non-profit, non-governmental organization working to promote the rule of law and uphold international human rights standards in Nepal. In 2001, Mandira Sharma helped found the Advocacy Forum, a Nepali NGO that has played a crucial role in defending the rights of Nepali people caught in the brutal civil war between Maoist insurgents and the Nepali government. Advocacy Forum addresses cases of human rights violations while providing free legal assistance to victims of torture and others in need.       

 

Advocacy Forum has five regional offices in Kathmandu, Biratnagar, Pokhara, Nepalgunj and Kanchanpur as well as seven district offices in Udayapur, Kapilvastu, Surkhet, Bardia, Dhanusha, Baglung and Rupendehi, our central office being located in Baluwatar, Kathmandu. Through these twelve offices, with the assistance of over 100 workers including lawyers, volunteers and interns, we focus on five core activities: documentation of cases of human rights violations, monitoring of detention centers, providing legal aid to the victims of human rights violations, juvenile justice and international lobbying and advocacy

 

Actions required:

 

Please write to the Nepalese authorities urging them to:

 

i. Guarantee in all circumstances the physical and psychological integrity of Advocacy Forum lawyers;

 

ii. Ensure that Advocacy Forum be granted again an immediate access to detainees in police stations and put an end to any kind of obstacle to their work;

 

iii. Put an end to any kind of act of harassment and threats against Advocacy Forum lawyers as well as against all human rights defenders in the country;

 

iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its article 1, which states thateveryone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels” and article 12.2, which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

 

v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Nepal.

 

Addresses :

 

· His Majesty King Gyanendra, Narayanhity Royal Palace, Durbar Marg, Kathmandu, Nepal, c/o Permanent Mission of the Kingdom of Nepal to the United Nations, 81 rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 733 27 22; E-mail: mission.nepal@ties.itu.int

 

· Mr. Girija Prasad Koirala, Prime Minister, Singh Durbar, Kathmandu, E-mail : info @opm.gov.np

 

· Mr. Nayan Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; E-mail: nhrc@ntc.net.np

 

· Home Minister Krishna Prasad Sitaula, Government of Nepal, Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: +977 1 4211211 / 4211229, Fax: 97714211232 Email: moha@wlink.com.np

 

· Mr. Baman Prasad Neupane, HR Cell, Government of Nepal Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel: + 977 1 4 211 205/ 97714211206 Fax: +977 1 4211266

 

· Mr. Yagya Murti Banjade, Attorney General, Office of the Attorney General, Ramshahpath, Kathmandu, Nepal, Fax : +97714262582, Email : attorney@mos.com.np

 

· Mr. Shaha Bir Thapa, Inspector General of the Armed Police Force, Armed Police Headquarters, Swayam, Nepal, Fax: + 977 1 4 275 685, E-mail: armedpolice@wlink.com.np

 

· IGP Om Bikram Rana, Chief, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412 737 / +977 1 4 412 732, Fax: +977 1 4 415 593. Email : phqigs@nepalpolice.com.np

 

· SP Nava Raj Silwal, HR Cell, Nepal Police Head Quarter, Naxal, Kathmandu, Nepal PO. Box. No.: 407, Tel: +977 1 4 411 618 Fax : 9771415593 E-mail: hrcell@nepalpolice.gov.np

 

TAKE ACTION NOW !

 

 

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