A/HRC/25/60/Add.2
Nepal
(a)
JUA 22/3/2013 Case No. NPL 1/2013 State Reply: None to date Alleged threats made in
the media against members of the Accountability Watch Committee (AWC) and an alleged
physical attack against human rights defenders.
111. The Special Rapporteur regrets that the government of Nepal has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the alleged threats made in the media
against members of the Accountability Watch Committee (AWC) and an alleged physical
attack against human rights defenders. The weekly magazine Lal Rakshak published an
article containing various allegations against Ms. Sharma, Mr. Subodh Pyakhurel and Mr.
Dixit, naming them as opponents of the Maoist political agenda and the peace process, as
well as accusing them of crimes including corruption, labour exploitation and sexual
violence. The article reportedly also mentioned Messrs. Sushil Pyakhurel, Charan Prasai
and Kapil Shrestha and stated that “people’s action” should be taken against them.
“People’s action” is meant to refer to punishment through violent attacks. It is also alleged
that calls for “people’s action” were repeatedly made on FM radio stations across Nepal
against the above-mentioned members of AWC. It is alleged that Ms. Sharma received a
warning implying that the army might hinder Advocacy Forum’s work. In addition,
Advocacy Forum reportedly received a letter from the District Administration Office soon
after the arrest of Colonel Kumar Lama, stating that an investigation would be undertaken
against the organization. Reportedly, a physical attack against Mr. Yadav Prasad Bastola
took place as he was walking back from Birendranagar to Vidhyapur Village Development
Committee (VDC)-04, in Surkhet district, where he resides. In addition, Mr. Bastola was
stopped by four unidentified persons with covered faces and asked whether he had written
an article for the local newspaper “Pahichen Daily,” accusing him of “trying to send the
Maoists to jail.” They grabbed Mr. Bastola‟s hand and neck and beat his back with iron
rods multiple times. It is reported the police is still conducting an investigation. The Special
Rapporteur reminds the government of Nepal of paragraph 7b of Human Rights Council
Resolution 16/23, which urges States “To take persistent, determined and effective
measures to have all allegations of torture or other cruel, inhuman or degrading treatment or
punishment promptly and impartially examined by the competent national authority, to hold
those who encourage, order, tolerate or perpetrate acts of torture responsible, to have them
brought to justice and severely punished.” In addition, paragraph 8 (a) of Resolution 16/23
of the Human Rights Council states that “Intimidation and coercion, as described in article
1 of the Convention against Torture, including serious and credible threats, as well as death
threats, to the physical integrity of the victim or of a third person, can amount to cruel,
inhuman or degrading treatment or to torture.” The Special Rapporteur finds that the
Government of Nepal has failed to protect these citizens against acts that amount to cruel,
inhuman and degrading treatment. He calls on the Government to undertake a prompt and
independent investigation of the allegations of silencing human rights defenders through
threats and intimidation, leading to prosecution and punishment of the perpetrators and to
provide full redress to the victims.
(b)
JUA 13/06/2013 Case No. NPL 3/2013 State reply: None to date Alleged violent dispersal
by law enforcement of peaceful demonstrators seeking accountability for the death of
a young girl.
112. The Special Rapporteur regrets that the Government of the Federal Democratic
Republic of Nepal has not responded to this communication dated 13 June 2013, thereby
failing to cooperate with the mandate established by the Human Rights Council. The
communication referred to the alleged violent dispersal by law enforcement authorities of
peaceful demonstrations organized by Kamlari activists in Nepal. According to the
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