Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, E/CN.4/2005/51/Add.1, February 2, 2005: Nepal
50. On 12 August 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on freedom of opinion and expression, the Special Representative of the Secretary-General on human rights defenders, and the Special Rapporteur on torture, regarding information that had been received concerning the Blue Diamond Society of Nepal, a non-governmental organization working with sexual minorities and sexual health, including HIV/AIDS. The Society is a member of the Asia Pacific Council of AIDS Service Organizations. It was alleged that on 25 July 2004 the police seriously abused four male transvestites, Jaya Bahadur Lama, Ramesh Lama, Binod and Madan. The alleged abuse included anal rape. The Blue Diamond Society lodged a complaint against the police regarding this attack. It is alleged that on 9 August 2004, 39 members of the Society were arrested. There was concern that these arrests might be retaliation for the complaint against the police regarding the allegations of 25 July.
Also, a private writ was recently filed in the Supreme Court of Nepal calling for the Society to be closed down on the grounds that the organization “promotes homosexuality”. The Special Rapporteur was concerned, inter alia, that closing down the Society would be detrimental to HIV prevention efforts in Nepal. 
Link to full text of the report: Summary of cases-SR Right to Health-2005-eng
- Please note that this case is also mentioned in the report of the Special Representative of the Secretary-General on the situation of human rights defenders, E/CN.4/2005/101/Add.1, March 16, 2005, para. 409, in the report of the Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment, E/CN.4/2005/62/Add.1, March 30, 2005, para. 1161, and in the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, E/CN.4/2005/64/Add.1, March 29, 2005, para. 648. ↵