OHCHR and NHRC condem Government

Kathmandu Jan 19-The United Nations’ Office of High Commissioner for Human Rights (OHCHR) in Nepal has said suspicions of Maoist violence in the context of public demonstrations cannot be used as a justification for the arrest of the demonstrations’ organisers, many of whom have repeatedly spoken out against the use of violence.

In a statement issued Thursday evening, the OHCHR-Nepal office said the human rights concerns raised by the severe restriction on the right to freedom of assembly are compounded by the mass arrests under powers of preventive detention, in apparent violation of the right to freedom from arbitrary arrest.

While recognising the serious security situation affecting Kathmandu in the light of Maoist attacks in the Kathmandu Valley on 14 January, OHCHR-Nepal regrets that the complete ban on demonstrations represents an extreme limitation on the right to freedom of peaceful assembly, the statement said.

OHCHR-Nepal has also confirmed the arrests during the early morning of 19 January of over 100 persons under Public Security Act (PSA). Those arrested are political party leaders and activists, including students, and leaders of the civil society Citizens’ Movement for Peace and Democracy. Security forces personnel have also visited the homes of a number of prominent human rights defenders, the statement said.

The arrests follow the 16 January imposition of a ban on all assemblies, processions and sit-ins in most of Kathmandu and Lalitpur, ahead of a major demonstration called by the alliance of seven political parties for 20 January and other planned protest actions. Fifteen other persons have reportedly been served with three month detention orders under the PSA, following their arrest during activities in Kathmandu on 17 January which were regarded as violating the ban, the statement said.

The Public Security Act permits detention without trial, initially for up to 90 days, to prevent persons from committing actions that “undermine the sovereignty, integrity or public tranquility and order of the Kingdom.”

OHCHR representative met Home Minister Kamal Thapa on Thursday, the statement said. Sources said head of OHCHR mission in Nepal, Ian Martin, had called on Minister Thapa today. “During the meeting, Thapa stated that the ban was made necessary by information received by the authorities that the 20 January demonstration would be used by the CPN (Maoist) as an opportunity to incite or commit violence,” the statement said.

The Minister undertook that OHCHR-Nepal would be provided with the full list of those arrested and their places of detention, and would have access to them as guaranteed by the Agreement between the Government and the High Commissioner for Human Rights, as would their families. During the day, OHCHR-Nepal human rights officers visited 97 of those arrested, in three places of detention: Maharajgunj Police Training Academy, Maharajgunj Police Battalion Camp Number 2, and Guheswari Armed Police Force camp in Bhaktapur, according to the statement

Same as, The National Human Rights Commission (NHRC) has said the government authorities have detained at least 113 opposition political leaders and human rights activists in Kathmandu on Thursday ahead of a major protest program of the seven-party alliance on Friday.

According to a press statement issued by the NHRC this evening, its monitoring team has found that 113 persons including several senior opposition political leaders and five and human rights activists have been detained by the security forces.

Among the arrested leaders and cadres, 59 are from the CPN (UML), 30 from Nepali Congress, nine from People’s Front Nepal (PFN), eight from the Nepali Congress (Democratic) and four leaders of the Nepal Workers and Peasants Party leaders, the NHRC said.

A team led by NHRC member Sudeep Pathak met leaders of major political parties including NC president Girija Prasad Koirala and UML general secretary Madhav Nepal and inquired about the condition of detained leaders and cadres. The team also held separate discussions with Rastriya Prajatantra Party (RPP) chairman Pashupati Shumsher Rana and Rastriya Janashakti Party (RJP) Surya Bahadur Thapa over the human rights situation in the country.

The detained leaders and human rights activists have been kept at various police stations in the capital. Security officials had started rounding up the leaders from early morning.

Nepali Congress (NC) president Girija Prasad Koirala has been placed under house arrest at his Maharajgunj residence while CPN (UML) general secretary Madhav Kumar Nepal is under tight security surveillance, according to the NHRC.

The Home Ministry said altogether 100 persons were taken into security control today.

The United Nations’ Office of High Commissioner for Human Rights (OHCHR) in Nepal has said suspicions of Maoist violence in the context of public demonstrations cannot be used as a justification for the arrest of the demonstrations’ organisers, many of whom have repeatedly spoken out against the use of violence.

In a statement issued Thursday evening, the OHCHR-Nepal office said the human rights concerns raised by the severe restriction on the right to freedom of assembly are compounded by the mass arrests under powers of preventive detention, in apparent violation of the right to freedom from arbitrary arrest.

While recognising the serious security situation affecting Kathmandu in the light of Maoist attacks in the Kathmandu Valley on 14 January, OHCHR-Nepal regrets that the complete ban on demonstrations represents an extreme limitation on the right to freedom of peaceful assembly, the statement said.

OHCHR-Nepal has also confirmed the arrests during the early morning of 19 January of over 100 persons under Public Security Act (PSA). Those arrested are political party leaders and activists, including students, and leaders of the civil society Citizens’ Movement for Peace and Democracy. Security forces personnel have also visited the homes of a number of prominent human rights defenders, the statement said.

The arrests follow the 16 January imposition of a ban on all assemblies, processions and sit-ins in most of Kathmandu and Lalitpur, ahead of a major demonstration called by the alliance of seven political parties for 20 January and other planned protest actions. Fifteen other persons have reportedly been served with three month detention orders under the PSA, following their arrest during activities in Kathmandu on 17 January which were regarded as violating the ban, the statement said.

The Public Security Act permits detention without trial, initially for up to 90 days, to prevent persons from committing actions that “undermine the sovereignty, integrity or public tranquility and order of the Kingdom.”

OHCHR representative met Home Minister Kamal Thapa on Thursday, the statement said. Sources said head of OHCHR mission in Nepal, Ian Martin, had called on Minister Thapa today. “During the meeting, Thapa stated that the ban was made necessary by information received by the authorities that the 20 January demonstration would be used by the CPN (Maoist) as an opportunity to incite or commit violence,” the statement said.

The Minister undertook that OHCHR-Nepal would be provided with the full list of those arrested and their places of detention, and would have access to them as guaranteed by the Agreement between the Government and the High Commissioner for Human Rights, as would their families. During the day, OHCHR-Nepal human rights officers visited 97 of those arrested, in three places of detention: Maharajgunj Police Training Academy, Maharajgunj Police Battalion Camp Number 2, and Guheswari Armed Police Force camp in Bhaktapur, according to the statement