On 1 February 2005, King Gyanendra declared a state of emergency throughout Nepal, thereby triggering a human rights crisis of catastrophic proportions. The situation shows no signs of improvement and is likely to deteriorate further over the coming weeks and months. Pressure from the international community has been largely ineffectual and the King seems impervious to calls from around the world for the restoration of rights and democracy in the country. Although the State of Emergency was lifted at the end of April 2005, illegal detentions, press censorship, restrictions on public gatherings and travel remain in place as the political crisis continues.

Although the King claimed that the state of emergency was necessary in order to resolve the struggle with the Maoist rebels that began in 1996, it was not clear how this would be achieved. During the first days of the state of emergency the King used his position as Commander of the Royal Nepalese Army to assert absolute control over civil society and took steps to prevent any expression of opposition to his course of action.

Since 1 February 2005, hundreds of political leaders and activists have been detained without charge under provisions of the state of emergency. Many have been released after a few days in custody but others remain in detention under provisions allowing for them to be held for up to three months. Others at risk have fled the country or are in hiding.

Human rights defenders have inevitably been a prime target of the military repression initiated by the King. As with political leaders, many human rights defenders have been arrested and subsequently released without charge. A number of human rights defenders have not been released, however, and there is concern that the conditions of their detention may result in a deterioration of their health and well-being. The case of Krishna Pahadi illustrates the human rights crisis now endemic in Nepal. He has been held in police headquarters in Kathmandu since 9 February 2005 when he called for protests the following day against the King’s actions. Krishna Pahadi is permitted brief visits only by members of his immediate family (but only one person per visit). He has no access to a lawyer and there is no indication that he will be released as long as the state of emergency continues. As far as is known, he has not been physically ill-treated.

From reports received those other human rights defenders that remain in prison are Nanda Bhandari (Lawyer), Lok Parsad Pant (President, Civil Society Alliance- Surkhet), Nava Raj Pahadi (HURPES) and Bal Krishna Paudel (HURON).

Human rights organizations and other associations working to support a free civil society report that their capacity to function has been severely curtailed and there is a widespread sense of fear that makes the work of human rights monitoring and reporting difficult if not impossible. Phone lines are routinely tapped and there is a general assumption that e-mail traffic is also monitored. The frequent presence of security agents (uniformed or not) ensures that a level of intimidation by the authorities is maintained. Mobile phones have also been cut off since 1 February 2005 and, although there has been a re-registration process introduced, a number of mobile phones remain inactive, thereby severely limiting the capacity of human rights defenders and others to carry out their essential work in support of fundamental rights.

Restrictions on the media in Nepal are draconian and further limit the space for human rights throughout the country. From the earliest hours of the state of emergency, a military presence in editorial offices meant that newspapers were unable to report on anything relating to the situation which might be interpreted by the authorities as critical or likely to harm the morale of the armed forces. While the military presence was later withdrawn, the limits on the press continue to be in effect and journalist themselves are faced with harassment and arrest without notice. FM radio stations throughout Nepal have been forbidden to broadcast news items of any sort and are reduced to playing music. Many staff have been let go and are without work.

All organizations and associations that represent the basis of a well functioning civil society in Nepal have been significantly curtailed in their work and, if functioning at all, do so at great risk to themselves and those on whose behalf they are active. Trade unionists, academics and students, human rights activists, humanitarian and relief agencies are all vulnerable to the repressive measures imposed by the King and the armed forces. At the same time activities by the Maoist rebels continue to constitute a danger particularly in rural areas. Violations by the Maoists include bombings of civilian targets, extortion, kidnappings, and ill-treatment. This pattern shows no abatement and even appears to be increasing in the face of the King’s decision on 1 February 2005. Of considerable concern are the vigilante-style actions of citizens groups, with the apparent connivance of the armed forces. Killings, beatings, and the burning of property are all part of a recent pattern that gives cause for great concern and will further contribute to the downward spiral of violence in the country.

Although there were widespread human rights violations in Nepal prior to the declaration of emergency, the actions of the King and the subsequent repression of human rights and democratic values mark a catastrophic deterioration in the country. Torture and “disappearances”, as well as the violations committed by the Maoists, are not new in Nepal in 2005. The situation today, however, is substantially worse than before and the closing down of civil society demands urgent action by the international community. A recent agreement that the office of the United Nations High Commissioner for Human Rights will be allowed to set up human rights monitoring facilities inside Nepal is a small step in the right direction.

Front Line is calling on the Nepalese authorities to: · Immediately and unconditionally release all human rights defenders in Nepal including Krishna Pahadi (HURPES), Nanda Bhandari (lawyer), Lok Parsad Pant (President of the Civil Society Alliance-Surkhet), Nava Raj Pahadi (HURPES) and Bal Krishna Paudel (HURON) and restore all fundamental human rights. · Guarantee and secure the protection of all those people who are promoting and protecting human right in a peaceful manner including human rights activists and journalists. · Front Line welcomes the decision by the Nepalese authorities to allow for the setting up of a human rights monitoring mission of the United Nations High Commissioner for Human Rights (OHCHR) and urges the Nepalese authorities to liaise with this mission in relation to the establishment of measures to secure the protection of human rights defenders.