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 – Nepal
409. On 12 August 2004, the Special Representative, together with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on the question of torture, sent an urgent appeal regarding several male transvestites and the Blue Diamond Society of Nepal, a NGO working with sexual minorities on sexual health including HIV/AIDS and campaigning for the rights of sexual minorities. According to the allegations received, on 9 August 2004, 39 male transvestites, usually called metis, all members of the Blue Diamond Society, were arrested on the street and in public places including bars and restaurants. They are now held in Hanuman Dhoka police station and were not given food or water during the first 15 hours in custody. They have not yet been charged with any offence. Concerns have been expressed that their physical integrity may be at risk. On 25 July, the Police allegedly raped four male transvestites, Jaya Bahadur Lama, Ramesh Lama, Binod and Madan. They were reportedly stopped by the police at about 3.30 a.m. in a street near Jamal, forced into a police van, beaten and their money was taken away. While driving around the city, the van stopped and one officer allegedly took Jaya Bahadur Lama into the street, beat him, forced him to perform oral sex and raped him. The men were then reportedly taken to Gausala police station where Ramesh Lama was taken into the backyard of the police station, beaten and forced to perform oral sex. Although Jaya Bahadur and Ramesh Lama managed to escape from the police, Binod and Madan were kept inside the van and were reportedly beaten and raped by 12 policemen for around three hours. The Blue Diamond Society made a complaint to police authorities about this attack and there is concern that the recent arrests may be in retaliation for this complaint. A private writ was recently filed in the Supreme Court of Nepal against the Blue Diamond Society, which calls for closing down the Blue Diamond Society on the grounds that the organization “promotes homosexuality”. Concerns have been expressed that defending this court action would seriously hinder the effective functioning of the Blue Diamond Society, given the organization’s limited human and financial resources, and that closing down the Blue Diamond Society would be detrimental to HIV prevention efforts in Nepal. Concerns also have been expressed that other organizations working in the area of HIV prevention among gay men could be open to similar charges.
link to full text of the Report: Report-SR Human Rights Defenders-2005
- Please note that this case is also mentioned 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, in the 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, para. 50, 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. ↵