PUBLIC AI Index: ASA 31/045/2005

17 May 2005

Further Information on UA 31/05 (ASA 31/012/2005, 09 February 2005) Fear for safety / Fear of torture New concern: Prisoner of conscience

NEPAL Krishna Pahadi (m), founding chairman of the Human Rights and Peace Society (HURPES)

Krishna Pahadi, the founding chairman of the Human Rights and Peace Society (HURPES), is being detained at the armed police compound in Naxal, Kathmandu. Amnesty International considers him to be a prisoner of conscience, detained solely for carrying out his peaceful and legitimate work in defence of human rights.

Following his arrest on 9 February he was served with a 90-day detention order under the Public Security Act (PSA), which was extended for another 90 days after it expired on 9 May. He is not believed to have been tortured, and was given a full medical check-up in early May.

Krishna Pahadi was arrested on 9 February at the Kathmandu office of HURPES, by police officers wearing plain clothes. Later that month, Irene Khan, Secretary General of Amnesty International (AI), visited Krishna Pahadi in police custody. Since then, three other AI delegations have visited him, including on his 42nd birthday on 30 March. "I think the situation will be OK one day," Krishna Pahadi told the delegation then, "and we will continue our human rights work, so I am not depressed."

Krishna Pahadi, the former president of AI’s Nepal section, is well-known as one of Nepal’s leading human rights defenders. Since King Gyanendra assumed power on 1 February, at least 45 human rights defenders are reported to have been arrested. Some of them remain in prison. Hundreds of political leaders and student activists have also been detained. Many of them are being held under the Public Security Act (PSA), which allows the authorities to detain a person who allegedly threatens the “sovereignty, integrity or public tranquillity” of Nepal for up to 90 days without charge or trial.

For further information please refer to Nepal Crisis Alert Action, Krishna Pahadi: Prisoner of Conscience, ASA 31/034/2005, April 2005 .

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Nepali, English or your own language:

- calling for the immediate and unconditional release of Krishna Pahadi, founding chairman of the Human Rights and Peace Society (HURPES), who is being detained for his peaceful and legitimate defence of fundamental rights;

- urging that he be treated humanely while in detention and not tortured or ill-treated;

- urging the government to release all human rights defenders immediately if they have been detained purely for their peaceful and legitimate defence of fundamental human rights;

- urging the government to repeal or amend repressive legislation used to detain prisoners of conscience, including the Public Security Act (PSA) and the Terrorist and Disruptive Activities (Control and Punishment) Ordinance (TADO);

- reminding the authorities of the right of human rights defenders to carry out their activities without any restrictions or fear of reprisals, as set out in the United Nations Declaration on the Rights and Responsibilities of Individuals, Groups and Institutions to Promote and Protect Universally Recognised Human Rights and Fundamental Liberties.

APPEALS TO:

Shaha Bir Thapa

Inspector General of the Armed Police Force

Armed Police Headquarters

Swayam, Nepal

Fax: + 977 1 4 275 685

Email: armedpolice@wlink.com.np

Salutation: Dear Inspector General

Lieutenant Colonel Raju Nepali

Royal Nepal Army

Human Rights Cell

Royal Nepalese Army Headquarters

Singha Durbar

Kathmandu, Nepal

Fax: + 977 1 4 226 292

Email: humanrights@rna.mil.np

Salutation: Dear Lieutenant Colonel

Minister Dan Bahadur Shahi

Ministry of Home Affairs and Law, Justice and Parliamentary Affairs

Singha Durbar

Kathmandu, Nepal

Fax: + 977 1 4 243025

Salutation: Dear Minister

COPIES TO: diplomatic representatives of Nepal accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 28 June 2005.