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Report of the Special Representative of the Secretary-General on the situation of human rights defenders, A/HRC/7/28/Add.1, 3 March 2008: Nepal

1492. On 31 July 2007 the Special Representative sent a letter of allegations to the Government concerning Mr Alex Chimling (called Juli), a meti and HIV/AIDS outreach worker with The Blue Diamond Society (BDS), a community-based sexual health advocacy service for local networks of lesbian, gay, bisexual, transgender and intersex groups in Kathmandu, Nepal.

1493. According to information received, on the evening of 14 July 2007, Mr Chimling was approached for help by an acquaintance who informed him that herself and four other transgender persons or ‘metis’ were subject to beatings and sexual abuse by three policemen from Janasewa Police Station in Ratna Park, Kathmandu. Mr Chimling called the emergency number to alert the police. When two policemen from Durbar Marg Police Station arrived, they, together with Mr Chimling, continued to the park where the three policemen from Janasewa Police Station, including the Sub-Inspector Pradeep Chand, were beating the four remaining metis. However, the policemen only watched the incident without wanting to intervene. The Sub-Inspector recognised Mr Chimling and started searching his bag while simultaneously beating him with batons, and kicking him on the back, legs and face. When the Sub-Inspector found that Mr Chimling was carrying condoms in his bag, he proceeded to verbally abuse him and said that he was behaving in an immoral and illegal manner. The Sub-Inspector then instructed the two policemen from Durbar Marg Police Station to take Mr Chimling and one of the other metis into custody.

1496. Concern was expressed that the aforementioned mistreatment of Mr Alex Chimling may have been in relation to his human rights activities in defence of the rights of the lesbian, gay, bisexual, transgender and intersex persons. Further concern was expressed for the physical and psychological integrity of Mr Chimling and other staff members of the BDS.

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1515. Furthermore, in a letter dated 5 June 2007, the Nepalese Government responded to a letter of allegations sent by the Special Representative, together with the Special Rapporteur on violence against women on 1 December 2006. The urgent appeal sent was concerning alleged verbal abuse of and threats made by police officers against a group of people, including Ms Madan Rai Chamling, a human rights outreach worker and member of the Blue Diamond Society, a non- Governmental organization working with sexual minorities lesbian, gay, bisexual and transgender (LGBT) persons.

1516. The Government response stated that, the location of the alleged incident, Thamel, was one of the most crowded areas in Kathmandu, and as such was the scene of regular clashes and arguments. The letter further stated that the police were merely engaged in facilitating the smooth flow of traffic and had not been involved in taking photographs or filming the activities of the aforementioned, nor had they verbally abused or harassed them.

Link to full text of the report: Summary of cases-SR Human Rights Defenders-2008-eng