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DemocracyAlerts

From time to time, the World Movement for Democracy issues alerts concerning participants and other colleagues who are, or may be, facing personal danger due to their work on behalf of democracy and for whom a vigorous response from around the world may be critical.

To see previous alerts go to www.wmd.org/democracyalerts/democracyAlerts.html.

(October 1, 2004)

PFHRC held press conference in Kathmandu

Statement from PFHRD-Buhtan:

Mr.S.K. Pradhan, Secretary General of Peoples Forum for Human Rights and Development(PFHRD Bhutan) held his first press conference on October 1, 2004 in Kathmandu after regaining his freedom. He was held in Jhapa district prison for three years under false and fabricated charges linking him to the murder of another Bhutanese leader. The conspiracy was hatched by those who wanted to silence the voice for democracy and human rights in Bhutan. Mr. Pradhan addressed the press conference attended by major Nepali dailies both in vernacular and English. It was covered by TV and radio. Addressing the press, Mr. Pradhan said the voice for freedom and democracy in Bhutan cannot be silenced no matter what comes in the way and told the media that he would revive PFHRD and continue its work towards establishment of democracy, freedom and justice in Bhutan. Replying to queries from the media persons on his incarceration he said it was nothing but a plot to destroy PFHRD and stop its activities, especially, after Bhutan lost a crucial UN voting on May 22, 2001 in Geneva, Switzerland on the question of accreditation of PFHRD to UN World Conference against Racism(WCAR) held in Durban, South Africa in 2001. It was immediately after return from WCAR that he was arrested and put behind bars. There was a plot to send him to jail for twenty years so that PFHRD is destroyed for ever.

For more inforamtion, please contact:
People's Forum for Human Rights and Development-Bhutan
GPO-8975 EPC-5028
Kathmandu, Nepal
Tel:+977-1-4301154
Fax:+977-1-4220161
Email:skpfhrd@mos.com.np

Previous Alerts:

S.K. Pradhan Released from Prison
Update on Case of S.K. Pradhan of Bhutan
Brief Background
World Movement Steering Committe Member Takes Action
Acknowledgement and Appeal
World Movement Democracy Alert - February 5, 2002
Message from the People's Forum for Human Rights and Democracy Bhutan (PFHRFD Bhutan)

(September 24, 2004) S.K. Pradhan Released from Prison

We are happy to announce that S.K. Pradhan, Secretary General of the People's Forum for Human Rights and Development (PFHRD), was released from prison on September 20, 2004. Mr. Pradhan has informed the World Movement for Democracy that he has been reunited with his wife and daughter and has returned to PFHRD's office, which was destroyed during his absence, after enduring physical and mental suffering during his three years of imprisonment. Mr. Pradhan would like to express his gratitude for the outpouring of concern, support, and solidarity. He states "I have been made to suffer for a crime not committed by me. I have been subjected to a punishment for a crime in which I am neither involved nor related. I request you to kindly initiate actions to find out the truth. I need justice from the international community." S.K. Pradhan has suffered on behalf of democracy and human rights for the people of Bhutan. (March 31, 2004) Update Alert on Case of S.K. Pradhan of Bhutan

People's Forum for Human Rights and Development (PFHRD) Bhutan informs us that the final hearing on Mr. S.K. Pradhan's case has been postponed once again, and is now scheduled for April 11, 2004. Mr. Pradhan is a Bhutanese human rights defender living in exile in Nepal who has been imprisoned on false charges since September 2001. PFHRD urges the international community to continue its moral, financial and other types of support to Mr. Pradhan and his family. PFHRD encourages activists around the world to engage in the following activities in support of Mr. Pradhan:

Raise Mr. Pradhan's case in the on-going sixtieth session of the UN Commission on Human Rights for its immediate and urgent intervention.
Urge the creation of a UN Fact-Finding Mission to find out the truth about Mr. Pradhan's case.
Ask the Nepalese Government to constitute a legal probe on the incarceration of Mr.Pradhan.
Demand transparency into the case and accountability for the illegal and unjust incarceration of Mr. Pradhan.
Demand Mr.Pradhan's immediate release and payment of appropriate compensation.
Request assistance from any international and regional human rights organization with which you may have contacts on Mr. Pradhan's case.

To contact the Prime Minister of Nepal regarding this case, you may write to:

pmpvtsectt@most.gov.np

To direct messages to the UN write to:

You may also write to:

Brief Background

Mr. S. K. Pradhan, secretary-general of the Peoples Forum for Human Rights and Democracy (PFHRD) based in Nepal, a human rights organization with general consultative status with the Economic and Social Council of the United Nations, was arrested on September 19, 2001, and detained in Chandragari Prison in eastern Nepal by the Nepalese authorities. He has been charged with conspiracy in connection with the murder of Mr. R. K. Budhathoki, chairman of the Bhutan Peoples' Party (BPP).

World Movement Steering Committee Member Takes Action on Behalf of Bhutanese Activists

The following is a letter to Nepalese Prime Minister Sher Bahadur Deuba from Carl Gershman, a member of World Movement Steering Committee, on behalf of Bhutanese Activists. The letter was hand-delivered on May 7, 2002.

His Excellency Sher Bahadur Deuba
Prime Minister of Nepal

Your Excellency:

I am writing to express my concern about your government's prolonged detention without trial of Mr. S.K. Pradhan, Executive Director of the People's Forum for Human Rights and Development (PFHRD) Bhutan. I and my staff have known Mr. Pradhan since our correspondence with him began in 1996, and he was an enthusiastic participant at the inaugural meeting of the World Movement for Democracy, which the Endowment helped organize, in New Delhi in February 1999.

The government of Nepal has been rightly applauded by public opinion around the world for having joined the ranks of constitutional democracies in 1990, and deserves warm appreciation for the kind of personal and political freedom that prevails in your country, allowing Bhutanese democratic activists from your neighboring country to live and work in Kathmandu and elsewhere in Nepal to further the cause of bringing constitutional democracy to their own country as well.

However, your government's continued detention of Mr. S. K. Pradhan, who is internationally known as a peaceful human rights advocate, raises serious questions. The publicly known facts surrounding the murder of Mr. Budathoki make the government's charge against Mr. Pradhan of conspiracy to murder highly questionable. At the very least, questions are raised by the long detention without bail and absence of any indication of timely preparation for a fair trial.

At the very least, I urge you to use your good offices to constitute your own high-level fact-finding team to probe the case without further delay, and to hasten the speedy resolution of the case. May I count on your personal commitment to turn your attention to Mr. Pradhan's situation, and to ensure that the government handles the case according to the highest standards of due process, transparency and professionalism among government officials involved in the case?

I would very much welcome receiving confirmation from your office of your commitment to look into this case and any further information that you may be able to provide. I may be reached at the address above or by email at carl@ned.org. Thank you very much.

Yours sincerely,

Carl Gershman
President, National Endowment for Democracy

Acknowledgement from PFHRD

The following is an excerpt from a message sent to the World Movement for Democracy and other supporters by S.K. Pradhan's organization, the People's Forum for Human Rights and Democracy (PFHRD) Bhutan on March 28, 2002. The full text can be read below.

We are most grateful to acknowledge the concerns, appeal, solidarity and support of Diakonishches Werk for EKD, e.v. in Germany, Amnesty International, London, World Movement for Democracy, Washington DC, International Federation of Human Rights (FIDH) Paris, World Organization against Torture (OMCT) Geneva, Asian Human Rights Commission, Hong Kong, Rights and Democracy, Canada, Christian Solidarity Worldwide, London, Indo - Bhutan Friendship Society, New Delhi, Human Rights Watch, New York, International Institute for Human Rights, Environment and Development (INHURED) Pulchowk, Kathmandu, Informal Sector Service Centre (INSEC), Kathmandu, Rural Reconstruction Nepal (RRN), Kathmandu, Human Rights Organization of Nepal (HURON), Kathmandu, Institute of Human Rights Communication-Nepal (IHRICON), Kathmandu, Association for Human Rights Activists (AHURA-Bhutan), National Human Rights Commission, Nepal and to all those diplomatic missions and embassies, individuals and organizations who have stood by Mr. Pradhan for justice and freedom. We would appeal for continued support and solidarity until Mr. Pradhan is released with honour.

Appeal from PFHRD
Since Mr. Pradhan is innocent to the heart and has been detained for a crime not committed by him, we would like to submit the following appeal to the international community:

For further information, please contact:

skpfhrd@mos.com.np

jiwankp@yahoo.com

For Mr.Pradhan's lawyer, please contact:

advlaw@wlink.com.np

Bhutanese Human Rights Leader Arrested and Held in Detention

Mr. S. K. Pradhan, secretary-general of the Peoples Forum for Human Rights and Democracy (PFHRD) based in Nepal, a human rights organization with general consultative status with the Economic and Social Council of the United Nations, was arrested on September 19, 2001, and detained in Chandragari Prison in eastern Nepal by the Nepalese authorities. He has been charged with conspiracy in connection with the murder of Mr. R. K. Budhathoki, chairman of the Bhutan Peoples' Party (BPP).

Mr. Pradhan is a participant in the World Movement for Democracy and attended the New Delhi Assembly in February 1999. Although we cannot offer a judgment regarding the facts of the case, we urge World Movement participants to write to the authority designated below to insist that Mr. Pradhan be given a fair hearing to determine whether sufficient evidence exists to try him in a court of law, and, if it is deemed that such evidence does exist, that he receive a fair trial to determine his guilt or innocence. Above all, Mr. Pradhan should be treated according to the universal precept of justice and be presumed innocent of any charges unless found guilty beyond a reasonable doubt. Should there be insufficient evidence for a trial in connection with the case, he should be released at once. World Movement participants may also want to contribute to helping defray Mr. Pradhan's rising court costs. Information on how to do so is also provided below.

Mr. Pradhan has been actively and closely associated with the movement for human rights and democracy in Bhutan for the last decade. He was the first Bhutanese leader to set foot in the U.N. Commission on Human Rights (UNCHR) in Geneva, Switzerland, during its 49th session in 1993, to speak for the Bhutanese people and refugees. Since then, he has been relentlessly promoting the cause of refugees, not only at the UNCHR, but also at almost all U.N. forums and world conferences, including the World Conference on Human Rights in Vienna, Austria, in 1993, the Hague Appeal for Peace in The Hague in 1999, the Millennium NGO Forum in New York in 2000, and the U.N. World Conference Against Racism (WCAR) in Durban, South Africa last fall.

If you wish to write on S.K. Pradhan's behalf to urge that he be treated fairly in this matter, please address your letters by fax to:

The Chief Justice
Mr. Keshav Prasad Upadhaya
Fax: 977-1-262878

Should you wish to assist Mr. Pradhan with his court costs or to inquire into other ways to assist him, please write to:

skpfhrd@mos.com.np

People's Forum for Human Rights and Development (PFHRD) Bhutan Demands Release of Mr. S.K. Pradhan, Bhutanese Human Rights Defender and Refugee Leader

The following is the full text of the message sent to WMD and other supporters by S. K. Pradhan's organization, the People's Forum for Human Rights and Democracy Bhutan (PFHRFD Bhutan) on March 28, 2002.

Background
Mr. Shiva Kumar Pradhan, 44, popularly known as S.K.Pradhan, Secretary General of Peoples Forum for Human Rights and Development (PFHRD), Bhutan was arrested by the Nepalese plain-clothes policemen at about 3:00 pm from his rented apartment in Kuleshor, Kathmandu on September 19, 2001 in connection with the murder of Mr.R.K.Budathoki, president of Bhutan Peoples Party (BPP). The plain clothes police men numbering about six led by Inspector Prakash Bahadur Chand of HanumanDhoka Police Station in Kathmandu neither produced any warrant of arrest nor offered any reasons for arrest. It became known later that Mr.Pradhan had been arrested based on a complaint by BPP General Secretary, Mr. Balaram Poudyel implicating Mr.Pradhan in the above murder case.

Murder of R.K.Budathoki
R.K.Budathoki was murdered on the afternoon of September 9, 2001 at about 3:15 pm at Youth Organization of Bhutan (YOB) office at Damak, Jhapa while holding a meeting with a group of Bhutanese refugee students. YOB is an affiliate to BPP. One of the students at the meeting, later identified as Ram Chandra Subedi of Pathri refugee camp in Morang district struck Budathoki from behind with a Nepali type dagger i.e. Khukuri which resulted in his death. Damak where Budathoki was murdered is located more than 500 kms away from Kathmandu in Jhapa district in eastern Nepal. At the time of murder, Mr.Pradhan was at his home in Kathmandu. He had returned just two days back on 7th September 2001 after attending the World Conference against Racism (WCAR) in Durban, South Africa at the invitation of UN from August 25-5 September 2001 along with three other Bhutanese refugee activists.

Responsibility for the Murder
On the evening of the murder, an underground outfit calling itself, Bhutanese Revolutionary Free Students Force claimed responsibility for the killing through a pamphletting carried out in the Beldangi refugee camps. The pamphlets distributed outlined the reasons for the killing. All the major dailies in Kathmandu and Jhapa carried the story in their next issues. It is strange rather incomprehensible why the police arrested a human rights activist who is not at all connected with the murder.

Detention and Refusal of Bail plea
After his arrest, Mr. Pradhan was kept at the Hanuman Dhoka police station and next day i.e. September 20, 2001 he was airlifted to Jhapa. He was detained at District Police office, Chandragari, Jhapa until October 15, 2001. During this time he was once questioned by investigating officer, Inspector Bhoj Dev Khatiwada of Damak Police Station and was once produced before District Attorney, Mr. Ganesh Babu Aryal. On 16 October 2001, the Jhapa District Court presided over by Justice Bal Krishna Upreti ordered further detention of Mr.Pradhan at Jhapa District prison. Justice Upreti refused Mr. Pradhan's bail plea on the grounds that he was a refugee and a foreigner. Mr. Pradhan's further bail plea at Ilam Appellate Court was rejected on January 17, 2002 by Justice Madhavraj Ojha and Justice Mohan Prasad Ghimirey on the same grounds i.e. being a foreigner. Similarly, his bail plea at the Supreme Court was denied on February 18, 2002 on the same ground by Justice Hari Prasad Sharma. The Muluki Ain (Law of the land) doesn't allow bail to the foreigners or people having temporary residence in Nepal.

Budathoki killed in his party meeting
The meeting on September 9, 2001 during which Budathoki was killed had been convened by BPP General Secretary, Balaram Poudyel. He had invited the participants in writing. In fact two meetings had been held on that day with the refugee students, the agenda being the formation of a new students' body as an affiliate to BPP. Out of 54 Bhutanese refugee groups in exile, no other group had either been invited or informed of the meeting. It was purely a BPP internal meeting with refugee students. Though the first meeting attended by about sixty students went off peacefully, it was during the second meeting held after twenty minutes of the first meeting attended by about sixteen students that Budathoki was murdered. It is now established that the meeting on 9 September 2001 had been held as per the decision of a previous meeting conducted on 2 September at the same venue chaired by Budathoki.

False allegations and Concoctions
Mr.Pradhan has been arrested on false, baseless and fabricated allegations. From the very beginning the police investigation has been influenced by BPP and outside forces who are keen to see Mr. Pradhan in prison. The forces who were active in handing over Tek Nath Rizal to Bhutan in 1989 seem to be now active in silencing Mr.Pradhan's voice. How could a person sitting in Kathmanudu, who had just returned from abroad be held responsible for a crime committed 500 kms away. Even a common sense of enquiry would rule this out. The conspiracy to implicate Mr. Pradhan in this fabricated and false charges must be exposed and the truth must be made public. We solicit the support of the United Nations and the International community in exposing this conspiracy where a human rights defender has been victimized.

PFHRD Vs Bhutanese Government
PFHRD led by Mr.Pradhan as its Secretary General has been highly successful in exposing the dismal situation of human rights in Bhutan. Mr.Pradhan is regarded as one of the front-runner Bhutanese human rights activist who has constantly raised the issue of human rights, political pluralism and return of Bhutanese refugees at the UN and International forums. He has remained in exile for over eleven years voicing the cause of freedom and civil liberties to the Bhutanese people. The undemocratic and absolute monarchy in Bhutan has always been finding avenues to obstruct advocacy work of PFHRD. For instance, PFHRD accreditation to the World Conference against Racism (WCAR) was strongly challenged by the Government of Bhutan. However, PFHRD won the accreditation by 42 votes by UN Member countries during a formal voting at the 2nd Preparatory Meeting held in May 2001 in Geneva. Mr. Pradhan received threat to his life and his family members in June 2001.Though the matter was brought to the attention of the Nepalese Government in writing, no action was taken. On the contrary, he was arrested on false charges and those forces friendly to the Bhutanese regime have succeeded in silencing Mr.Pradhan's voice who has been lodged in prison for a crime committed by someone else. Where is justice in Nepal?

About Mr.Pradhan
Mr.Pradhan holds a Bachelor of Arts (B.A.), first class first degree from Punjab University, Chandigarh, India. He holds a Master in Public Administration (MPA) from the Pennsylvania State University, USA and a Post Graduate Certificate in Manpower Studies from the University of Manchester, UK. He served as the Under Secretary of the Royal Civil Service Commission (RCSC) of the Royal Government of Bhutan before resigning his service in 1990 to join the human rights movement. In exile, he has authored more than a dozen books on various aspects of human rights violations in Bhutan. He is the Editor-in-Chief of the PFHRD bulletin, The Bhutan Observer. He has attended major regional and world conferences including the World Conference on Human Rights, Vienna in 1993, Hague Appeal for Peace, the Netherlands, 1998, the First Global Conference on Democracy in New Delhi, 1999, The Millennium NGO forum, New York in 2000, WCAR Asia Pacific Meet in Kathmandu, March 2001, Asia-Pacific LDC Meet in Kathmandu, April 2001, WCAR in Durban, South Africa, 2001. He was the first Bhutanese refugee leader who raised the issue of human rights and Bhutanese refugees at the 49th session of UN Human Rights Commission (UNHRC) in Geneva, Switzerland in 1993. Since then, he has regularly attended the UNHRC sessions to raise the issue of human rights and refugees including the 57th session held in April 2001. Since he is currently in Jhapa prison, he will not be able to attend the 58th session beginning this month and raise his voice in support of human rights and Bhutanese refugees. Mr. Pradhan has a wife and daughter who need constant support, as they are dependent on him. Pradhan also needs support for his legal defense.

A word about Nepali legal system and criminal investigation procedures
Though multi-party democracy was restored in Nepal in 1990 with a written constitution, serious flaws continue to grip the Nepali legal system and the criminal investigation procedures thus seriously jeopardizing respect for human rights. The arrest and detention of Mr.Pradhan has exposed some of these flaws. For example, Mr.Pradhan was arrested ten days after the murder without any concrete proof of his involvement in the case simply based on a complaint by someone whose real motive could be questioned. The police should have verified the authenticity of the complaint prior to arrest since the murderer had been identified as R.C.Subedi and who managed to flee the crime of the scene with his accomplices. Mr.Pradhan's detention at District Police office for 26 days from September 20 - October 15, 2001 in the pretext of investigation without any concrete evidence is a serious breach of human rights. His appearance before Jhapa district court on 15 October 2001 and the order to detain him from 16 October in prison for a crime not committed by him (till today, almost for six months) seriously questions the ability of the judge in dispensing justice. Denial of bail to him by the courts raises the question of discrimination and of equality before law between nationals and foreigners. The delay in court procedures is glaring as Mr.Pradhan's writ petition at the Ilam Appellate court was kept pending for a long time. Hearing was postponed several times, often at the last minute. It took almost two and half months to hear the bail plea, which finally was rejected.

Caution
It is cautioned that the forces who have been so far successful in the arrest and detention of Mr. Pradhan will try their best either to prolong the detention by delaying the trial or get Mr.Pradhan sentenced by false and purchased witnesses. It is therefore, earnestly requested that the international community pursue this with serious concerns so that an innocent human rights defender is not victimized further for a crime not committed by him. Mr.Pradhan, a refugee is already a victim of Bhutan state, he should not be further victimized. It is the duty of the world community to find out the truth and save him.

Acknowledgement
We are most grateful to acknowledge the concerns, appeal, solidarity and support of Diakonishches Werk for EKD, e.v. in Germany, Amnesty International, London, World Movement for Democracy, Washington DC, International Federation of Human Rights (FIDH) Paris, World Organization against Torture (OMCT) Geneva, Asian Human Rights Commission, Hong Kong, Rights and Democracy, Canada, Christian Solidarity Worldwide, London, Indo - Bhutan Friendship Society, New Delhi, Human Rights Watch, New York, International Institute for Human Rights, Environment and Development (INHURED) Pulchowk, Kathmandu, Informal Sector Service Centre (INSEC), Kathmandu, Rural Reconstruction Nepal (RRN), Kathmandu, Human Rights Organization of Nepal (HURON), Kathmandu, Institute of Human Rights Communication-Nepal (IHRICON), Kathmandu, Association for Human Rights Activists (AHURA-Bhutan), National Human Rights Commission, Nepal and to all those diplomatic missions and embassies, individuals and organizations who have stood by Mr. Pradhan for justice and freedom. We would appeal for continued support and solidarity until Mr. Pradhan is released with honour.

Appeal
Since Mr. Pradhan is innocent to the heart and has been detained for a crime not committed by him, we would like to submit the following appeal to the international community:

For further information, please contact:

skpfhrd@mos.com.np

jiwankp@yahoo.com

For Mr.Pradhan's lawyer, please contact:

advlaw@wlink.com.np