Joint Movement Takes the Nepali State to the UN Over March 28 Brute Force

Egregious violations
The Joint People’s Movement Committee has requested the Human Rights Office of the High Commissioner of Human Rights (OHCHR) at the United Nations Regional Headquarters in Geneva to conduct an immediate investigation into human rights violations and suppression of political dissent that occurred during the March 28 protest in Tinkune, Kathmandu.

On behalf of the committee, Navaraj Subedi, the committee cordinator, wrote to Volker Turk, the high commissioner at the OHCHR, drawing the latter’s attention toward egregious violations of internationally-protected human rights that occurred during a peaceful political demonstration organized in Tinkune, Kathmandu, to call for the restoration of constitutional monarchy and Sanatan Hindu kingdom with multiparty democracy, dissolution of federalism, corruption control, good governance and social justice, consistent with the aspirations of the Nepali people.

The letter reads: the disproportionate and arbitrary use of force by the security forces on unarmed citizens and peaceful political gathering was targeted at systematic suppression of political dissent whereupon the government resorted to mass detentions, systemic suppression of fundamental democratic rights and human rights.

Such government action lacking in restraint and responsibility led to loss of lives and properties, violating the spirit of the Constitution notwithstanding Nepal's commitment to international human rights treaties and instruments, it states: 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 teargas, targeted firings and physical assaults.  

The incident saw tragic deaths of two individuals including a journalist while 20 sustained bullet injuries, the letter reads: the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990) strictly prohibits such disproportionate responses, mandating that force should only be used when absolutely necessary and in a measured manner. 
The letter, citing a news report based on an internal report from the Metropolitan Police Range, Kathmandu dated April 3, states that 92 live rounds of teargas shells were fired during the protest, 81 out of them from Self-Loading Rifle (SLR), six from Indian Small Arms System (INSAS) rifle, three from shotgun and two from the Chinese pistol. 

Use of prohibited arms
“SLR and INSAS are semi-automatic assault rifles used for military purposes, not meant for riot control or policing. The Armed Police Force fired additional 18 live rounds. A total of 165 blank shots and 201 rubber bullets were fired in the incident,” it states drawing the OHCHR’s attention toward the recovery of date-expired teargas cartridges from the incident site.

Demonstrators were unlawfully detained in large numbers and the government continues to harass and illegally detain citizens, the letter states, highlighting the detention of leaders associated with the movement, including 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 on false charges ranging from treason to organized crime.  

Call for immediate action 

The committee has urged the UN OHCHR to take immediate action by: 
Launching an independent investigation: Conduct a thorough, impartial inquiry into the violent suppression of peaceful demonstration in Tinkune, Kathmandu including the use of excessive force, killing, unlawful detentions, arson and state-sponsored violence.
 

Ensuring accountability: Demand Nepali authorities to hold security personnel, government officials and political actors accountable in light of human rights abuse and violation of democratic rights.

Securing immediate release of political detainees: Call on the Nepali government to disclose full details of those detained and ensure their legal rights are upheld as per international human rights law.

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, emphasizing political movements must not be met with state-sanctioned violence.
Preventing further militarization of civil movements: Ensure that the Nepali government refrains from deploying military forces against peaceful demonstrators and respects democratic principles.

Safeguarding press freedom: Investigate government-imposed censorship and protect journalists from intimidation, coercion and undue influence.