NHRC blasts the govt., tells it to free all the political detainees

February 5, 2006
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After the UN Office of the High Commissioner for Human Rights (OHCHR) in Nepal, the National Human Rights Commission (NHRC) has heavily come down upon the royal government for failing to provide minimum facilities to the political detainees and has asked it to free all those “who have been detained without any appropriate or adequate basis.”

A team led by NHRC chairman and former chief justice Nain Bahadur Khatri inspected Women’s Training Center at Jawalakhel and Police Pahara Barrack at Tripureswore on Sunday without pre-information and acquired the state of human rights of the detainees being kept there, according to NHRC.

A statement issued by the NHRC on Sunday said the inspection team found that university teachers, professionals, human rights activists and even street dwellers were detained from the areas out of so-called ‘restricted zone’ without appropriate and adequate basis. “It was found that police had used excessive force at several places while taking people into custody. Such act is against the constitutionally guaranteed fundamental right to peaceful assembly and freedom of movement and rights guaranteed by the International Covenant on Civil and Political rights (to which Nepal is a party),” the NHRC said.

The NHRC said it found that people were being detained in those centers beyond their capacity, they did not have appropriate access to food, medicine, clothes and toilet and other basic facilities guaranteed by the law.

NHRC has also urged the government to free all those “who have been detained without appropriate and adequate basis.”

On Friday, in a letter sent to Home Minister Kamal Thapa, the UN OHCHR in Nepal called upon the government to release all the detainees held under the Public Security Act (PSA) for peacefully expressing their political opinion.

In his letter, the representative of the UN High Commissioner for Human Rights in Nepal, Ian Martin said, “The great majority of these persons appear to have been arrested for exercising their right to freedom of peaceful assembly or expressing their political opinion. I urge that your Ministry undertake an urgent review of all PSA detention cases with a view to ensuring the immediate and unconditional release of those against whom there is no evidence of involvement in violence. ”

OHCHR-Nepal said it was aware of more than 800 people who have been detained under the PSA around the country in the context of protest activities by the alliance of seven political parties and civil society organisations.

“As the date of the municipal elections approaches, OHCHR-Nepal calls once again on the authorities to respect the right of freedom of peaceful assembly and expression. OHCHR-Nepal also calls on those advocating boycott of the elections to do so peacefully and with respect for the rights of others, and urges that no coercion should be applied to force people to participate in bandhs or other protest actions,” the statement added.

The authorities are yet to respond to the latest call by the UN OHCHR.