CALL FOR INVESTIGATION ON TORTURE CASES
Against Rabindra Shahi and Kali Bahadur Malla

21th February, 2006

Asian Network for Free Elections (ANFREL) is concerned about the alleged brutal attack by the Ranadal Gulma Army patrolling team on Mr. Rabindra Shahi and Mr. Kali Bahadur Malla in Manma Mazaar on 13 February 2006. Mr. Kalli Bahadur Malla, from INSEC (Informal Sector Service Centre) is the Representative of Kalikot District; Mr. Rabindra Shahi, a journalist with Dristi Weekly and is also the Kalikot District President of NGO Foundation.

We have received information from our partners and network (ACPP and AHRC), about the beating of two human rights defenders by the army in Nepal. It is learnt that the two victims were hit with gun butts and boots upon revealing their identity as human rights activists and journalist. It is further learnt that Mr. Malla had been seriously injured during the incident and was receiving further treatment in Nepalgunj District.

ANFREL is appalled at such treatment and brutal attacks, which constitutes to torture, curtailment of the right to freedom of movement and human rights impunity being carried out on human rights defenders by the Nepal army.

We once again like to draw your attention to the fact that Nepal is signatory to various International Bill of Rights, including the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) since 1991. Nepal state is thus obliged to:

i. Investigate into the alleged abuse committed by the army upon Mr. Malla and Mr. Shahi and prosecure the perpetrators as appropriate (Article 6)

ii. Compensate the victims for their medical treatment and offer protection to them while the investigation takes place (Article 14)

iii. Take effective legislative, administrative, judicial or other measures to prevent similar acts of torture in Nepal (Article 2).

ANFREL is concerned about the deterioration in the human rights standards of Nepal and the increase in the reported abuse of power by the State agencies with impunity, since February 2005. We thus urge the King of Nepal and UNCHR Office of Nepal to start investigations into the alleged actions of torture and inhumane treatment. It also implores the King of Nepal to adhere to the international obligations which Nepal is signatory to and guarantee and uphold all the rights of all the people of Nepal. For this case, the proper investigations and the due compensation should be given to the victims for the medical treatment. They and their families should be given protection until the alleged perpetrators are bought to justice and punished.

The Asian Network for Free Elections (ANFREL) was established in 1997 as Asia’s first regional network of civil society organizations to promote and support democratization and human rights at national and regional levels in Asia. ANFREL has served towards strengthening the democratization of countries such as Sri Lanka, Nepal, Thailand, Malaysia, Cambodia, Pakistan, Bangladesh, East Timor, Philippines, Afghanistan, Taiwan and Indonesia.