“तीनकुने घटनामा भएका मानव अधिकार उल्लंघनसम्बन्धी स्वतन्त्र छानबिनका लागि आपतकालीन आग्रह” — OSNepal

“तीनकुने घटनामा भएका मानव अधिकार उल्लंघनसम्बन्धी स्वतन्त्र छानबिनका लागि आपतकालीन आग्रह”

Kesh Karki (USA) April 27, 2025 0

संयुक्त जनआन्दोलन समितिका संयोजक नवराज सुवेदीको नेतृत्वमा रहेको प्रतिनिधिमण्डलले शुक्रबार संयुक्त राष्ट्र संघीय उच्च मानव अधिकार आयोग (OHCHR) र राष्ट्रिय मानव अधिकार आयोगलाई तीनकुने घटनामा सरकार पक्षबाट भएको मानव अधिकारको गम्भीर उल्लंघनमा निष्पक्ष न्यायिक छानबिन माग गर्दै निवेदन दिएको छ।

निवेदनमा गत चैत १५ गतेको शान्तिपूर्ण जनप्रदर्शनमा सरकारको दमन, ज्यादती, असमानुपातिक बल प्रयोगबाट भएको मानव अधिकार उल्लंघन, अभिव्यक्ति, प्रेस तथा वाक स्वतन्त्रता, शान्तिपूर्ण सभा सम्मेलनका अधिकार उल्लंघन भएको विषयमा राष्ट्रिय तथा अन्तर्राष्ट्रिय मानव अधिकार संघसंस्थाको निगरानी र हस्तक्षेपका लागि आह्वान गरिएको छ।

झुटा मुद्दामा हिरासतमा रहेका आस्थाका बन्दीहरूको रिहाइ, गैरकानुनी थुनामा रहेका नागरिकहरू सम्बन्धी जानकारी, शान्तिपूर्ण राजनीतिक सभामा सरकारबाट भएको सैन्यकरणमा रोक, मानव अधिकार उल्लंघनमा संलग्न राजनीतिक नेतृत्व, सरकारी अधिकारी र सुरक्षाकर्मीहरूलाई जिम्मेवार ठहर गर्न संयुक्त जनआन्दोलन समितिले ध्यानाकर्षण गराएको छ।

निवेदनको पूर्ण पाठः

April 25, 2025

Mr. Volker Turk

High Commissioner for Human Rights

Office of the High Commissioner of Human Rights (OHCHR)

UN Regional Headquarters, Geneva, Switzerland

Subject: Urgent petition for immediate investigation into human rights violations and suppression of political dissent in Nepal.

Dear Mr. Turk,

On behalf of the Joint People’s Movement Committee, I respectfully submit this urgent petition concerning egregious violations of internationally protected human rights that occurred during a peaceful political demonstration in Tinkune, Kathmandu, Nepal, on March 28, 2025. The peaceful event was organized to call for the restoration of constitutional monarchy and Sanatan Hindu kingdom with multiparty democracy, dissolve federalism, control corruption, usher in good governance, and promote social justice, consistent with the aspirations of the Nepali people.

However, in contravention of the human rights and democratic rights of the people, the peaceful event was brutally suppressed by the security forces even before the program formally started. The disproportionate and arbitrary use of force by the security forces on unarmed citizens and a peaceful political gathering was targeted at systematic suppression of political dissent, whereupon the government resorted to mass detentions and systemic suppression of fundamental democratic rights and human rights. Such government action, lacking in restraint and responsibility, led to loss of lives and property, violating the spirit of the Constitution notwithstanding Nepal’s commitment to international human rights treaties and instruments.

Despite the right to peaceful assembly explicitly protected under Article 21 of the International Covenant on Civil and Political Rights (ICCPR), to which Nepal is a signatory, the security forces responded with excessive use of force, indiscriminate violence, massive volleys of tear gas, targeted firings, and physical assaults. The incident saw tragic deaths of two individuals, including a journalist, while 20 sustained bullet injuries. The United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990) strictly prohibit such disproportionate responses, mandating that force should only be used when absolutely necessary and in a measured manner.

According to the news report published in Kantipur national daily, the Nepal Police during the press conference held on April 2, 2025, claimed 746 tear gas shells, 58 aerial shots, and two pistol rounds were fired in the Tinkune incident. However, Himalkhabar news magazine — quoting a confidential internal report prepared by the Police Range, Kathmandu — reported on April 3, 2025, that a total of 92 live rounds were fired. Among them, 81 rounds were fired from Self-Loading Rifle (SLR), six from Indian Small Arms System (INSAS) rifle, three from a shotgun, and two from the Chinese pistol. Please note, the SLR and INSAS are self-automatic assault rifles used for military purposes, not meant for riot control or policing. The Armed Police Force (APF) fired an additional 18 live rounds. A total of 165 blank shots and 201 rubber bullets were fired in the incident.

Please note, date-expired tear gas cartridges were recovered from the site of the incident. Moreover, two tear gas shells closely missed my car as I arrived in Tinkune. Security personnel fired numerous tear gas shells directly into the podium, disrupting the meeting even before the national anthem could play its full length. Security personnel were spotted firing tear gas shells from high floors of nearby private buildings — a fact substantiated by the National Human Rights Commission (NHRC), Nepal, in a press statement released on March 28. Alarmingly, the same buildings were used by the police to store large quantities of tear gas shells.

The repressive government action and disproportionate use of force — widely accepted to be premeditated — triggered widespread chaos, violence, and unlawful killing, endangering public safety. Further, demonstrators were unlawfully detained in large numbers — the government continues to harass and illegally detain citizens, the latest reported on April 22. Leaders associated with our movement, Durga Prasain, Rabindra Mishra, Dhawal Shumsher Rana, Pashupati Khadka, Munindra Rajbhandary, Dipak Khadka, Pushkar Khatiwada, Om Prakash Luitel, journalist Manoj Kumar Sapkota, and young scientist Sishir GC, among others, are accused with falsified charges in fabricated cases ranging from treason to organized crime.

The government has failed to disclose details of the detentions to the Parliament and the public, further restricting access to justice. In clear violation of Article 19 of the ICCPR, which guarantees freedom of expression and the press, the media was forced into self-censorship and post-censorship under government duress. From the evening of March 28, security personnel kept a 24-hour watch on me, restricting my movement and public contact within my residence well up to April 21. Despite the confinement, the government failed to provide me with a detention notice, a fact validated by the NHRC, Nepal, in its press statement released after visiting me on April 4, 2025.

Shockingly, the government mobilized the Nepal Army in combat fatigue while deploying Mine Protection Vehicle (MPV) and Armed Personnel Carrier (APC). Such a display of armored vehicles and lethal weapons is thoroughly objectionable in a peace situation. Nepal has had numerous political demonstrations, movements, riots, expressions of political dissent, and political transformations in the past, but the record use of excessive force and firearms in Tinkune is unprecedented. No government to date has gone to such an extent to grossly violate universally established human rights and undermine democratic rights.

This crisis in Nepal is not an isolated event. Corruption, economic decline, capital flight, youth emigration, erosion of the rule of law, and the collapse of Nepal’s agricultural and industrial production have led to widespread public discontent since the establishment of the republic. The government’s propaganda of late has blamed the movement as unconstitutional, proving that the government is hell-bent on making a mockery of the very spirit of the Constitution. Besides the four issues — 1) sovereignty, 2) territorial integrity, 3) independence of Nepal, and 4) sovereignty vested in the people — the Constitution allows debate and amendment on all other issues.

The systematic suppression of peaceful political movement, malicious prosecution, and political persecution by the government further exacerbates the crisis. Hence, in light of the flagrant human rights abuses and gross violations of Nepal’s international commitments, we urge the UN OHCHR to take immediate action by:

  1. Launching an independent investigation: Conduct a thorough, impartial inquiry into the violent suppression of the peaceful demonstration in Tinkune, Kathmandu, including the use of excessive force, killings, unlawful detentions, arson, and state-sponsored violence.
  2. Ensuring accountability: Demand that Nepali authorities hold security personnel, government officials, and political actors accountable for human rights abuses and violations of democratic rights.
  3. Calling for the immediate release of political detainees: Urge the Nepali government to disclose full details of those detained and ensure their legal rights are upheld as per international human rights law.
  4. Restoring the right to peaceful assembly and free speech: Ensure Nepal’s obligations under the ICCPR, the Universal Declaration of Human Rights (UDHR), and other conventions are upheld, emphasizing that political movements must not be met with state-sanctioned violence.
  5. Preventing further militarization of civil movements: Ensure that the Nepali government refrains from deploying military forces against peaceful demonstrators and respects democratic principles.
  6. Safeguarding press freedom: Investigate government-imposed censorship and protect journalists from intimidation, coercion, and undue influence.

Nepal, as a member of the United Nations and a signatory to key human rights treaties, must be held accountable for these violations. The deliberate use of excessive force against peaceful demonstrators, suppression of free speech, and illegal detentions represent a grave threat to democracy and human rights. We urge the UN to intervene urgently to prevent further escalation and ensure justice for the victims, including the prisoners of conscience.

Given the urgency of the matter, we request an acknowledgment and a prompt update on any action taken in response to this appeal.

Sincerely,

Navaraj Subedi

Coordinator, Joint People’s Movement Committee

(Former Chairperson of the National Legislature and Former Minister for Home Affairs)

Guheswari Height, Kumari Gal, Kathmandu-7, email: jpmcnepal@gmail.com

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