UN OHCHR condemns use of excessive force

Kathmandu, Apr 11 (UNI) UN Office of the High Commissioner for Human Rights (OHCHR) in Nepal today expressed grave concern over the use of excessive force to control the ongoing demonstrations for the restoration of democracy in the Himalayan Kingdom and the arrest of over 2,300 democracy supporters across the country.

The UN Representative of UN OHCHR-Nepal, Ian Martin, said here the recent level of violence against civilians is against the obligations of the State.

A statement issued by the OHCHR-Nepal today quoted Martin as saying,''OHCHR-Nepal does not condone in any way acts of violence committed by some demonstrators. However, it is time for the government, and for all the commanders of police and other security forces involved in policing demonstrations, to recognise that this level of violence against civilians is not acceptable and is against the obligations of the State.'' He urged the government to re-consider its position on the right to peaceful assembly, and to give the security forces the clearest instructions to act only with the minimum necessary force in policing demonstrations. He urged demonstrators and their leaders to only use peaceful means of protest.

''OHCHR-Nepal recognises that police have often been faced with violent situations with demonstrators throwing rocks, bricks and other projectiles, destroying public property, and in some cases attacking individual officers thus injuring many of them,'' the statement said.

''Nevertheless, in recent days in Kathmandu, OHCHR-Nepal monitoring teams have increasingly observed members of the police and Armed Police Force using excessive force against demonstrators as well as others not involved in demonstrations,'' the statement said.

Reminding that police have been seen attacking by-standers, charging into houses, engaging in indiscriminate beatings and causing gratuitous damage to property, the OHCHR said it has consistently urged restraint upon both demonstrators and security forces.

OHCHR-Nepal monitoring teams have communicated with senior police officers present at demonstrations, in efforts to have them ensure that police meet their obligations in using only the necessary and proportional force, the statement said.

''In some instances, officers have been encouraged by OHCHR-Nepal's presence to intervene to check cases of excessive use of force. However, in a number of instances senior officers have refused or failed to control their officers from violence and excessive use of force.'' The statement added that OHCHR-Nepal has already expressed grave concern at shooting by a soldier, from the top of a building, at a crowd of demonstrators throwing stones at police in the street below in Pokhara on April 8, resulting in the death of one person and the injury of at least one other.

The statement also said many people have been arrested in the course of the demonstrations, more than 2,300 according to official police figures, of whom over 1,300 remained in detention as of April 10.

OHCHR-Nepal has reiterated that international standards require that law enforcement officials, in carrying out their duty, shall as far as possible, apply non-violent means before resorting to the use of force and firearms and that whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall exercise restraint in such use and minimise damage and injury, and respect and preserve human life.

UNI XC SI GC1935