Incident Reports

THRD Alliance: Nepal Human Rights Situation Update by THRD Alliance as of May 25, 2015

2016-05-26

Bagmati, Kathmandu, Kathmandu, Ward 10

He had splashed the red colors on the walls, as a symbol of blood, demanding state apology, investigation & prosecution for killings of innocent citizens in Tarai during political protests last year. Ishan has been kept in the detention center of Singha Durbar Police Circle. He has not eaten anything and drunk water since his first arrest on May 22, 2016.

First Arrest ------------- May 22, 2016-Ishan along with another young activist from Terai, Riyaj Safi, was first arrested at 5:52 pm. They were released at 8 pm.

Second Arrest -------------- On May 22, 2016-Ishan alone was arrested at 10 pm while throwing blood colors to the walls of Singha Durbar Gate once again. On May 23, 2016, he was released at 3:30 pm.

Third Arrest ------------- May 23, 2016-Ishan was throwing blood colors on the walls of Prime Minister’s Official Residence in Baluwatar at around 8 pm when he along with Shesh Narayan Jha, a journalist with Rashtriya Samachar Samiti (National News Agency) was arrested. Journalist Jha was taking photographs of Ishan’s activity. While the protests were underway in Madhes/Terai region, the young activist Ishan walked across the plains region understanding the aspiration of people from various walks of life. Ishan is by birth a member of the hill community. But he has sympathy for over 40 killings in Tarai, for which the state is responsible. He demands the head of the state and the head of the government to publicly apologize for the state atrocities in Terai with the formation of a probe commission into killing and amendment of the constitution.

National News Agency Journalist arrested while covering Ishan’s protest --------------------------------- On the third arrest of Ishan (May 23, 2016) police also arrested Shesh Narayan Jha, a journalist with Rashtriya Samachar Samiti (National News Agency) while he was taking photographs of Kathmandu’s secretariat. Jha belongs to the Madhesi community. He is also in the detention center along with Ishan. Despite journalist Jha’s repeated requests showing his identity as a journalist, police have not set him free.

Young Activist Ishan and Journalist Jha charged with a public offense----------------------------- On May 24, 2016, both of the arrested Young Activist Ishan and Journalist Jha has been charged with a public offense. With the charge of a public offense, the term of their detention has also been extended for four days.

Writ of habeas corpus filed at Supreme Court to defend the arrest of Ishan and Jha------------------------------------- A writ habeas corpus has been filed at the Supreme Court of Nepal by both of the arrested Activist Ishan and Journalist Jha. As a lawyer to them, Advocate Dipendra Jha is defending their case at the court for the release of the writ of habeas corpus will be tomorrow (May 26, 2016). Arbitrary arrest and alleged torture of 31 activists in Lumbini

------------------------------------ On May 21, 2016, police arrested 31 activists from outside the venue of the Buddhist Conference in Lumbini of Rupandehi district while they were allegedly demonstrating and chanting slogans of “Free Madhesh”. At around 5 PM on May 21, 2016, eleven (11) activists, out of a total 31 arrested, have been released on their own recognizance. However, the remaining arrested 20 activists have been charged with a public offense. The 20 activists are still in the detention center and they have reportedly been tortured by police. As of gathering the information till May 24, 2015, the families and relatives of the detainees have not been permitted to meet with them for the last three days. One of the detainees claimed that some senior police officers, after calling him to their offices, thrashed him and threatened of shooting. Till the time of the interview with the lawyer, the detainees have not been provided them yet with an arrest warrant and detention slip, which are mandatory to hand over to those once detained. The detainees during an interview said: “Although police themselves have not beaten them up inside the detention center, every five activists have been kept in three different rooms, where detainees from non-Madhesi communities reportedly made to thrash them. Due to torture, one of the detainees, Sudarshan Lohar, developed unconsciousness thrice and was admitted to Bhim Hospital. Similarly, three of the detainees Bhagwan Das Baniya, Chandra Sekhar Sonar, and Dilip Yadav were also taken to the emergency ward of Bhim Hospital for treatment. It was found that around five to seven detainees have been losing their consciousness every day. They arrested 20 activists, who were later charged with a public offense, are staging a hunger strike in the detention center itself. They are demanding to drop the false accusation against them. Police have, however, made no efforts to end the hunger strike. Local human rights defenders and members of the National Human Rights Commission (NHRC) visited the detention center and interviewed with detainees and police. They reportedly found that the case is of arbitrary arrest and torture, which is subject to investigation.

Conclusion ----------- Recent incidents of human rights violations, including both of these aforementioned cases, suggest that there is an alarming state of the human rights situation in Nepal, specifically related to fundamental rights to free speech. From these developments, one can easily perceive and argue that Nepal is turning into a closed and intolerant state gradually. The citizens and people in the country are currently suffering from basic freedom. This is high time for national and international human rights bodies, and the international community to oblige the state apparatus by rule of law to promote and strengthen the human rights situation in the country.

National/Online Media

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