 ICJ
High-Level Mission to Examine Human Rights Crisis In Nepal |
November
2004 - PRESS RELEASE |
The
International Commission of Jurists (ICJ) begins an eight-day high-level
mission today to assess the rapidly deteriorating human rights situation
and the rule of law in Nepal and to discuss with the government, judiciary
and civil society effective means to address the spiralling crisis.
The
International Commission of Jurists (ICJ) begins an eight-day high-level
mission today to assess the rapidly deteriorating human rights situation
and the rule of law in Nepal and to discuss with the government, judiciary
and civil society effective means to address the spiralling crisis.
The
Mission will be led by ICJ Secretary-General Nicholas Howen and be accompanied
by human rights jurist Periathamby Rajanayagam and ICJ Legal Adviser Ian
Seiderman.
Nepal
is embroiled in an eight-year internal conflict between the government
and insurgent Maoist rebels. Over the past three years, wide-scale abuses
have been committed by both sides to the conflict. Since King Gyanendra
dissolved the Parliament in 2002, the Royal Nepalese Army (RNA) and other
government security forces have operated without effective civilian accountability
and have been implicated in enforced disappearances, extrajudicial executions,
torture and secret incommunicado detention. Well-documented abuses have
resulted in impunity. The Maoist rebels have engaged in a pattern of violations
of international humanitarian law, including summary killings of non-combatants.
The
ICJ believes that taking practical steps to address the human rights crisis
would be essential confidence-building measures on a road to a negotiated
settlement of this brutal conflict.
In
early 2003, the ICJ visited Nepal and concluded that a breakdown in the
rule of law in the country was under way. The present mission will build
on the findings and recommendations of the earlier mission.
While
in Nepal, the mission team will meet with Nepali Government officials,
the RNA and other security forces, the National Human Rights Commission,
leading members of the judiciary and bar, non-governmental human rights
organisations, human rights victims, and the international community.
October
2004 - PRESS RELEASE
New
Anti-Terrorism Measure a Major Step Backwards for Nepal |
The
International Commission of Jurists today called on the Government of King
Gyanendra of Nepal to reverse its decision to allow government officials
to put people in preventive detention without charge or trial or supervision
by the courts for up to one year.
On
13 October the Government re-promulgated the Terrorist and Disruptive Activities
(Control and Punishment) Ordinance (TADO) which includes this provision.
"Locking
people away without due process and beyond the reach of the courts for
up to one year will do nothing to reduce the violence or increase security
in Nepal," said ICJ Secretary-General Nicholas Howen.
"The
security forces are already regularly arbitrarily detaining Nepalis. This
measure now gives a legal cover for local officials to hold people for
four times as long, without sufficient safeguards or evidence of criminal
wrongdoing."
"It
will also put these detainees at risk of other serious abuses such as enforced
disappearance and torture, " warned Nicholas Howen.
"Anyone
suspected of carrying out criminal acts must be quickly charged and tried
or released and the courts must closely supervise all detentions," he added.
"The
country is facing a crisis but our experience around the world shows that
human rights abuses only make a conflict worse. The best way to bring security
to the people of Nepal is for both sides to respect fundamental human rights,"
concluded Nicholas Howen.
Under
the prior version of TADO, people could be detained for up to 90 days on
authority of the Chief District Officer (CDO), an executive, rather than
a judicial official. In practice, many persons have been detained for far
longer periods, without benefit of a meaningful review by the courts or
even the CDO. Under the newly amended TADO, the CDO is empowered to detain
any person for six months and may do so for a further six months on authorization
by the Home Ministry.
Since
the breakdown of peace talks between the Government and the Maoist insurgents
in August 2003, the human rights situation in Nepal has deteriorated dramatically.
Widespread abuses have been committed by both sides, including unlawful
killings, enforced disappearances, torture and arbitrary detention.
The
National Human Rights Commission of Nepal has requested assistance from
the UN Office of the High Commissioner on Human Rights to carry out its
human rights protection work throughout Nepal. The Government committed
itself to accepting such assistance at the UN Human Rights Commission in
Geneva in April 2004. Nevertheless, the Government has so far not concluded
an agreement with the UN to implement this commitment.
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