URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

11 September 2003

-----------------------------------------------------------------------------------------------------------
UA-47-2003: NEPAL: The illegal arrest and torture of Ravi Kiran Regmi by the army security personnel

NEPAL: Illegal detention; Torture
----------------------------------------------------------------------------------------------------------

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that Ravi Kiran Regmi, alias Nirjeeb, 59, a teacher, has been held and tortured by the army security forces in Narayanghat, Narayani Zone [central Nepal]. Your urgent action is required to pressure the local authorities to deal with this case.

Urgent Appeals Desk
The Asian Human Rights Commission (AHRC)
----------------------------------------------------------------------

Name of Victim: Ravi Kiran Regmi alias Nirjeeb, 59, a teacher
Period of illegal detention and torture: From 4 September 2003 until now
Alleged perpetrators: Army Security Force personnel attached to the Bharatpur Army Barracks

Details:

Ravi Kiran Regmi alias Nirjeeb, 59, was arrested by the army security forces at home around 6:00am on 4 September 2003. After that, he was brought to the Bharatpur Army Barracks but no one, including his family members, has been allowed to see him. Mr. Regmi was accused by the army security forces of supporting the Maoists, which have been declared terrorists by the Nepalese government. He was involved in human rights activities in his local area for a long time. According to his family members, he is suffering from diabetes, high blood pressure and a problem with his kidneys. He has allegedly been injured by army personnel in the barracks and his family members are worried about his current health condition. Also, they do not know where he is being kept now.

BACKGROUND INFORMATION:

Since 1996, many innocent Nepalese people have suffered from the violent conflict between the government and the Maoists. The Nepalese government declared a cease-fire to start peace talks with the Maoists from January to August 2003. However, the cease-fire was broken on 27 August 2003 and again the ordinary Nepalese, especially children and women, became victimized. Now, the army soldiers and police officers arbitrarily arrest people without any due procedures.

In addition, in Nepal there is no specific law defining torture as a crime. Even in the Torture Compensation Act (TCA), torture is not defined as a crime. In the TCA, compensation may be awarded to victims of torture, but the perpetrators are not punishable because they have not committed a crime under domestic law. Even though torture is not defined as a crime by law, the Civil Code gives fines/punishment according to the nature of the wound. However, it does not make any provision for the psychological effects of torture. Even more important is the fact that even this 'beating' section of the Civil Code does not provide any specific provision for assault which has taken place whilst the victim is in custody, that is, with state involvement.

SUGGESTED ACTION:
Please write a letter to the addresses below and express your concern over this serious case. A sample letter is attached.

1. Hon. Surya Bahadur Thapa
Prime Minister
Office of the Prime Minister
Singha Durbar, Kathmandu,
NEPAL
Tel: +977 1 228555 or 227955
Fax: +977 1 4 227 765 / +977 1 227286
Email: hmg@es.wlink.com.np

2. Army Chief
Human Rights Section
Nepal
Tel: +977 1 4 269 624
Fax: +977 1 4 269 624

3. Mr. Keshav Prasad Upadhaya
The Chief Justice
Singha Durbar, Kathmandu,
NEPAL
Tel: +977 1 4 262546
Fax: +977 1 4 262878


4. Ministry of Home
Human Rights Section
Singha Durbar, Kathmandu,
NEPAL
Tel: +977 1 4 227 186
Fax: +977 1 4 227 187
Email: homehmg@wlink.com.np

5. The Inspector General of Police
Police Headquarters,
GPO Box 407,
Naxal, Kathmandu
NEPAL
Tel: +977 1 4411 618 or 1 4414985
Fax: +977 1 441 55 93 or 1 4415594

6. Chief of Armed Police Officer
Kathmandu,
NEPAL
Tel: +977 1 4 275 685
Fax: +977 1 4 277 418
Email: armedpolice@wlink.com.np

7. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
Nepal
Tel: +977 1 5 547 974 or 525 659 or 547 975
Fax: +9771 5 547 973
Email: nhrc@ntc.net.np

Suggested letter:

Dear

RE: The illegal arrest and torture of Ravi Kiran Regmi by army security personnel

I am writing to bring to your attention the arrest and the torture of Ravi Kiran Regmi, alias Nirjeeb, 59.

Ravi Kiran Regmi was arrested by the army security forces on 4 September 2003. After that, he was brought to the Bharatpur Army Barracks but no one, including his family members, has been allowed to see him since. Mr. Regmi was accused by the army security forces of supporting the Maoists. He has allegedly been tortured by army personnel in the barracks and his family members do not know where he is being kept now.

I urge you to investigate this serious case and to take speedy action to release him. I also urge you to punish the responsible person(s) by law. I further urge you to provide medical assistance to the victim and provide compensation to him according to international law.

Sincerely yours,


-----------------------

Thank you.

Urgent Appeals Programme
The Asian Human Rights Commission (AHRC)