February 8, 2005

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Nepal.

Brief description of the situation:

The Observatory has been informed by the International Federation of Journalists (IFJ) of the arrest and attempted arrest of the heads of the Federation of Nepalese Journalists (FNJ) and the suspension of press freedom among other measures pursuant to the state of emergency declared on February 1, 2005.

According to the information received, on February 4, 2005, Mr. Bishnu Nisthuri, Secretary General of FNJ, was arrested at his residence in Kathmandu and has been kept in detention at an unknown place.

On that same day, the security forces raided the Federation's offices and the residence of its President, Mr. Tara Nath Dahal, who had gone into hiding following his issuing of press releases throughout the country and abroad. His statements condemned the King's declaration of state of emergency, dismissal of parliament, suspension of press freedom and cutting of all communication lines into and within Nepal.

According to IFJ, Mr. Tara Nath's family members have been allegedly harassed by the security forces, and their residence as well as FNJ's offices remain under surveillance by the army.

The Observatory is deeply concerned by the physical and psychological integrity of Mr. Tara Nath and Mr. Bishnu Nisthuri, as well as that of all human rights defenders, including journalists, in the country. In particular, they are facing an acute situation of insecurity due to the suspension of press freedom, the takeover of all media by the military, the close surveillance of all activists and other obstacles to denouncing any human rights abuses under the current state of emergency.

The Observatory recalls that the arrest of the leading members of FNJ and other measures aimed at obstructing the denouncing of human rights abuses are flagrant violations of the provisions of the 1998 United Nations Declaration on Human Rights Defenders which states in its article 1 that "Everyone has the right, individually or in association with others, to promote and to strive for the protection and fulfilment of human rights and fundamental freedoms at the national and international levels" as well as article 6 (a) which provides that "Everyone has the right (.) freely to publish, impart or disseminate to others views, information and knowledge of all human rights and fundamental freedoms".

Action requested:

Please write to the authorities in Nepal urging them to:

1. take all necessary measures to guarantee the physical and psychological integrity of Mr. Tara Nath and Mr. Bishnu Nisthuri;
2. ensure the immediate release of Mr. Bishnu as his detention is arbitrary;
3. end all forms of harassment and ill-treatment of human rights defenders in Nepal, and guarantee in all circumstances that human rights defenders and organisations are able to carry out their work without any hindrance;
4. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular the above-mentioned articles 1 and 6 (b), as well as article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or 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";
5. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights 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. Nain Bahadur Khatri, Chairman of the National Human Rights Commission, Pulchowck, Lalitpur, Nepal; Email: nhrc@ntc.net.np

Please also right to the diplomatic representations of Nepal in your respective countries.

*****

Paris - Geneva, February 8, 2005

Kindly inform the Observatory of any action undertaken quoting the code number ofthis appeal in your reply.