To,

Your Exellency The Secretary General,
Office of the United Nations
Subject: Protect the life and liberty of my son Sanjiv Kumar Karna (Dipu).

Honorable Sir,

Greetings with the best regards.

Most humbly and respectfully I beg to state the excruciating pains of my whole family occurred in due to enforced and involuntary disappearance of my 26 years old eldest Son Sanjiv Kumar Karna alias Dipu not making his whereabouts and even his fate public uptillnow.

He was reportedly arrested by the joint security force personnels (Policeman of District Police Office of Dhanusha district and Regional Police Unit of Janakpur Zone as well as the army personnels of the then army camp situated in a guest house near Tirhutia gachhi area of Janakpur Municipality, Ward no. 4) from Kataiya Chowri Area, ward no. 4 of Janakpur Municipality on 8th October 2003 Wednesday at 2.00 P.M.

He had gone there to enjoy a picnic arranged by his friends in morning and was bathing after the foods stuffs were prepared and his other friends were chatting together. Suddenly a police came with a walky-talky set in his hands and called more security forces and soon after three vans containing 25-30 security forces in uniform and plain clothes arrived at the scene and arrested all the eleven students and taking them in vans, beating brutally, they took the victims to the Regional Police Unit Office.

Soon after being notified by a boy named Sunil Kumar Karna (The proprietor of a Chitrans Tent House situated at Bishwa Karma Chowk near the incident had taken place), I went to the office of Society Upliftment Center, Dhanusha (A Human Rights Activist nongovernmental Organization) wherefrom the programme co-ordinator Mr. Navraj Basnet asked to a police Inspector Mr. Mohan Sherpa through telephone about the incident and the whereabouts of my son who replied in turn that all the victims had been taken to the Regional Police Unit Office asking not to make his name public as an informer. Soon after that I reached the gate of the regional police Unit Office by rikshaw where I saw my son Sanjiv Standing in the yard in front of the gate of the office wearing only an underwear and other students too blindfolded and surrounded by the security forces and wished to go in but I was prohibited to enter the gate and thereafter, all the victims were taken inside the office. Thereafter, I and Navraj Basnet made contact with a Deputy Superintendent of Police (DSP) named Krishna Tiwari through telephone and asked about the incident who in turn replied that all the victims were being interviewed by S.S.P. Mr. Chuda Bahadur Shrestha and Chief District Officer ( the then CDO of District Administration Office Mr. Revtiraj Kafley, Major of Dharapani army barrack (Shri no. 9 Bahini Field) Mr. Anup Adhikari, Superintendent of police (the then S.P. of District Police Office of Dhanusha district) Mr. Kuber Singh Rana Magar, Deputy Superintendent of Police (the then D.S.P. of National Investigative Department for Dhanusha District) Mr. Bishnu Paudel and other members of the District Security Committee were also present there but while we contacted again with him (Mr. Krishna Tiwari) in evening, he replied that all the victims were transferred to to another place about which he knew nothing.

After that I sent my appeals to the local and national news papers, contacted the security authorities through telephone, sent petitions to the Human Rights Activists and Organizations including National Human Rights Commission, I.C.R.C., Amnesty International, Human Rights Watch, Prime Minister, Home Minister, Information Minister, Inspector General of Police and Human Rights Cell of Nepal Police, Commander in chief& Human Rights Cell of Royal Nepal Army, Investigative Committee of the government and even to our king times and again but the result is zero;the authorities are pretending even before the United Nations' Working group on Disappearance& the UN Office Nepal saying investigation underway since more than a year and moving the victims from one place to another to prevent the discovery and thus my sons fate and whereabouts has not been made public uptillnow.

Hence, I as well as all the members of my family beseech you with an indormitable hope and firm faith to support in Human Rights arousing your grave concern about my son's enforced and involuntary disapperance as well as all the cases of enforced or involuntary disappearances in the conference being organized by the United Nations Commission on Human Rights in Coming March and by putting an effective pressure on the Nepalese authorities, Political and diplomatic channels as well as on the king to make my son's fate and whereabouts public and legalized, to make an effective legal system to stop enforced and involuntary disappearance and violation of Human Rights and also to make the perpetrators responsible for the violation of Human Rights and bring the perpetrators before the Courts of Law for justification so that I, my family and all the Nepalese people may live at peace.

Thank you again with the best regards.

Date:- 27/02/2005 Sincerely Yours

----------------------

Jai Kishor Labh

Janakpur Municipality,Ward No.10

Dhanusha District (Nepal)

Tel:- 00977-41-524377 (Res)

00977-41-520202(Office)

Email:-jaikishor2003@yahoo.com
-----------------------------------------------------------------------------I. IDENTITY----(1)

1. Family name: SANJIV KUMAR KARNA (DIPU) .

First name: SANJIV KUMAR...

3. Sex: (Male) (Female) MALE

4. Birth date or age (at the time of detention): 09-04-1979(2035-11-25 B.C.)

5. Nationality/Nationalities:NEPALESE CITIZEN

6. (a) Identity document (if any): CERTIGICATE OF CITIZENSHIP

(b) Issued by: DISTRICT ADMINISTRATION OFFICE OF DHANUSHA DISTRICT, NEPAL

(c) On (date): 24TH. JULY 1997

(d) No.:39694573

7. Profession and/or activity (if believed to be relevant to the

arrest/detention):

STUDENT OF B.B.S. (BACHELOR IN BUSINESS STUDY)

8. Address of usual residence:

TOWN:- JANAKPUR MUNICIPALITY

WARD NO. :- 10

DISTRICT:- DHANUSHA

ZONE:- JANAKPUR

AREA:- DEVICHOWK (CHITRAGUPTA TOLE)

COUNTRY :- NEPAL

REGION:- MIDREGION (TERAI)

II. Arrest 8/

1. Date of arrest: 08/10/2003 (WEDNESSDAY)

2. Place of arrest (as detailed as possible):

TOWN:- JANAKPUR MUNICIPALITY

WARD NO. :- 4

AREA :-KATAIYA CHOWRI AREA

DISTRICT :- DHANUSHA

ZONE :- JANAKPUR

COUNTRY :- NEPAL

3. Forces who carried out the arrest or are believed to have carried it out:

JOINT SECURITY FORCE (POLICE MEN OF DISTRICT POLICE OFFICE ,DHANUSHA;POLICEMEN OF REGIONAL

POLICE UNIT OFFICE JANAKPUR &ARMY PERSONNELS OF ARMY CAMP JANAKPUR SITUATED

IN A GUEST HOUSE NEAR TIRHUTIA GACHHI )

4. Did they show a warrant or other decision by a public authority?

(Yes) ........ (No)..NO.......

5. Authority who issued the warrant or decision: Nobody issued warrant or

decision

6. Relevant legislation applied (if known): legal arrangement has not been made because it is more expensive as well as

totally ineffective, unduly prolonged and after all inefficacious. The security force personnels do not obey the summons, show cause notices and so, legal and constitutional remedies are fail to preserve Human Rights and has become too much dangerous because the security force personnels often (say) blow those would have to go to jungle (forest) to search the dead bodies of their relatives who goes to the courts of law.

III. Detention 8/

1. Date of detention: From the very begining of arrest (From 8/10/2003)

2. Duration of detention (if not known, probable duration): 11(Eleven) Months and 10 Days

3. Forces holding the detainee under custody: Unknown but may be kept in detention in any of the Army barrack or Police Station in Kathmandu (Nepal)

4. Places of detention (indicate any transfer and present place of detention):

The detainee was first of all taken to the Regional Police Unit Office, Janakpur and then to District Police Office, Dhanusha,Janakpur and after that to the Army Barrack named Shri No. 9 Bahini Field situated nearby Dharapani Village in Dhanusha district. After that we heared that he has been taken to Kathmandu and detained in an Army Barrack in Maharajgunj area and then in a big camp of Armed Police Force in Halchouck area in Kathmandu and thereafter in an Army Barrack named Gorakh Baksh Gan situated nearby the headquarter of Mahottari district (Jaleshwar Municipality) and recently I have been informed through a head constable named Manoj Lal Karna in a condition not to make his name public that my son has been recently detained in that very Gorakh Baksha

Gan hidingly.

5. Authorities that ordered the detention:

It is unknown to me but as I assume Mr. Chuda Bahadur Shreshtha,Senior Superintendent of Police may have ordered to arrest and detain first and thereafter what happenend I don't know.

6. Reasons for the detention imputed by the authorities:

In suspicion of being a Maoist or affiliated sister organization as I assume.

7. Relevant legislation applied (if known):

Any legal arrangement has not been made because it is more expensive as well as totally ineffective, unduly prolonged and after all inefficacious. The security force personnels do not obey the summons, show cause notices and so, legal and constitutional remedies are fail to preserve Human Rights and has become too much dangerous because the security force personnels often (say) blow those would have to go to jungle (forest) to search the dead bodies of their relatives who goes to the courts of law.

IV. Describe the circumstances of the arrest and/or the detention and indicateprecise reasons why you consider the arrest or detention to the arbitrary :-

My 24 years old son Sanjiv Kumar Karna (also called Dipu), gone to join a picnic arranged by friends on 8th. October 2003, Wednesday at Kataiya Chowri Area, Ward No. 4 of Janakpur Municipality of Dhanusha District of Nepal was bathing and Chatting together with his friends at 2.00 P.M., three plain clothed security forces personnels arrived and reportedly called for more police to come there. A group of 25-30 security forces personnels then arrived at the scene in vans. Witnesses reported that there were both army and police uniformed personnels in the group and six man were in plain clothes. My adored son Sanjiv was reportedly arrested along with his ten others without a legal notice.

He and his friends were reportedly beaten brutally binding their eyes with clothes by the security forces during the arrest before being taken away to the Regional Police Office for Janakpur Zone. There, they were interviewed by the senior superintendent of Police, Mr. Chuda Bahadur Shrestha, a special member of the then security committee, in the presence of Mr. Revti Raj Kafley (The chief District Administrative Officer and the Chairman of the then security committee), Kuber Singh Rana Magar (the then Cheif of the District Police Office of Dhanusha District and a member of security committee), Major Anup Adhikari (Chief of the army camp of Dharapani and a member of the security committee), the Deputy superintendent of police of National Investigation Department Mr. (Secretary of the security committee) and other concerned high officials of police. Hearing that event from a boy named Sunil Kumar Karna conducting "Chitrans Tent House" near the concerned are within a minute by telephone, I went at once at "center for society upliftment, Dhanusha" and told the matters to the programme co-ordinator Navraj Basnet. He asked the matters with police Inspector Mohan Sherpa of Dhanusha District Police Office and in turn Mr. Mohan Sherpa replied that they (My son and his friends) had been taken to the Regional Police Office for investigation and asked for not making his name as an informer. After a few minutes, I reached at the gate of Regional Police Office where I saw my son and other boys blindfolded ten students standing in the yard surrounded by some police force personnels. My son had worn only and underwear and there were several signs of beatings by blunt weapons in his body. The detainees were sent from there to the Dhanusha District Police Office where six of than were released next day without charge but my son Sanjiv! and his four friends Durgesh Kumar Labh, Pramod Narayan Mandal, Shailendra Yadav and Jitendra Jha have not been heard formally from since the time of arrest.In early December, there were reports that Sanjiv had been seen in custody at Dharapani army barrack in Dhanusha District. There followed a string of reports of Sightings in Bhairab Nath Gan army camp in Maharajganj, Kathamdnu and also at Armed Police Headquarters at Halchowk, Kathmandu. We, the relatives fear that all five students are being moved from are place of detention to another to prevent their discovery. The latest report as of the 4th week of February 2004, was that a guard, working in the Gorakhbaksha Gan Army Camp at Parkauli Village, about one kilometre north from Jaleshwor Municipality (the headquarter of Mahottari district) said to my friend Mr. Uddhav Kshetri (an advocate working in the court of law at Mahottari district) that my son Sanjiv Kumar Karna, Jitendra Jha, and Durgesh Labh were being held there in that camp and said to come after 3 days to see them but on 3rd March, when Uddhav with me reached there to see my son, the soldier denied and said that the three friends were not there.

I had lodged my complaints with S.S.P. Chuda Bahadur Shrestha, who in turn sent a letter to the Police Headquarter in Kathmandu and the Inspector general of Police sent a letter to me dated 13th January stating that there was as investigation underway into the disappearance and that I would be informed when it was complete.Eight months have passed now since Sanjiv has been made disappeared and I and my whole family are becoming increasingly worried and desperate.Thus as being not made available even a notice to the family members about the arrest ,I say this type of arrest is an arbitrary arrest. A person named Nirmal Pandey of Janakpur has told me today that he saw my son before a week while he was being transferred from Maharajgunj Army barrack to any unknown place.

V. Indicate internal steps, including domestic remedies, taken especially with the legal and administrative authorities, particularly for the purpose of establishing the detention and, as appropriate, their results or the reasons why such steps or remedies were ineffective or why they were not taken.

Exhaution of domestic remedies

(a) Appeals sent to Local and National Newspapers for publication:-

Local Newspapers Sent Date & time

i) To Janakpur Today - 8-10-2003 (3.00 P.M.)

ii) To Dainik (Daily) Jagran - " (3.20 P.M.)

iii) To Janakpur Express (Daily) - " (4.00 P.M.)

iv) Poorvadhar Weekly - " (5.00 P.M.)

v) Daily Janakpur - 22-10-2003(8.00 A.M.)

National Newspapers

i) Kantipur Daily - 12-10-2003 (1.00 P.M.)

ii) Space Time Daily - 9-10-2003 (1.00 P.M.)

(b) Applications sent to Local, National & International

Human Rights Activist Organizations

Organizations Sent date & time

i) Informal Sector Service Center (INSEC) 9/10/2003

ii) National Human Rights Commission 9/10/2003

iii) Himalayan Human Rights Monitors Perhaps in December

iv) INHURED International

v) Human Rights and Peace Establishing Society (HURPES)

vi) International Committee of the RedCross

(Biratnagar Branch)

vii) Center for Society Upliftment (CESOUP)

Dhanusha District

viii) N.G.O. C.C. Dhanusha

ix) Human Rights & Social Concern Center (HRSC)

(Dhanusha District )

x) Center for Victims of Torture (CVICT)

xi) Forum for protection of Human Rights Nepal

xii) Form for protection of Human Rights

(Dhanusha District Branch)

xiii) Nepal Bar Association, Human Rights Project

xiv) Nepal Bar Association, Human Rights Project

(Dhanusha District Branch)

xv) Amnesty International, Nepal

xvi) Amnesty International, London

xvii) Human Rights Watch

xviii) Asian Human Rights Commission

xiv) International Human Rights Commission

xv) All branches of IHRC

III) Exhaustion of domestic remedies:-

a) Appeals sent to local and National Newspapers for publication: -

Local Newspapers Sent Date & Time

i) To Janakpur Today 8-10-2003 (3.00 P.M.)

ii) To Dainik (Daily) Jagaran 8-10-2003 (3.20 P.M.)

iii) To Janakpur Express (Daily) 8-10-2003 (4.00 P.M.)

iv) To Poorvadhar Weekly 8-10-2003 (5.00 P.M.)

v) To Daily Janakpur 22-10-2003 (8.00 A.M.)

National Newspapers

i) Kantipur Daily 12-10-2003 (1.00 P.M.)

ii) Space Time Daily 9-10-2003 (1.00 P.M.)

b) Applications sent to Local, National & International Human Rights Activist

Organizations

Organizations Sent date & time

i) Informal Sector Service Center (INSEC) 9-10-2003

ii) National Human Rights Commission 9-10-2003

iii) Himalayan Human Rights Monitors Perhaps in December

iv) INHURED International

v) Human Rights and Peace Establishing Society (HURPES)

vi) International Committee of the Redcross

(Biratnagar Branch)

vii) International Committee of the Redcross

(Kathmandu)

viii) Center for Society Upliftment (CESOUP)

Dhanusha District Branch

ix) Human Rights & Social Concern Center (HRSC)

Dhanusha District Branch

x) Center for Victims for Torture (CVICT)

xi) Form for protection of Human Rights

xii) Form for protection of Human Rights

Dhanusha District Branch

xiii) Nepal Bar Association, Human Rights Project

xiv) Nepal Bar Association, Human Rights Project

Dhanusha District Branch

xv) Amnesty International, Nepal

xvi) Amnesty International, London

xvii) Human Rights Watch

xviii) Asian Human Rights Commission

xix) International Human Rights Commission

xx) All branches of IHRC

xxi) Open letter to Honorable Secretary general of V.N.O. Kofi Annan

...................

Applications sent to government authorities

name of the authorities ..............

i) Honorable Prime Minister Surya Bahadur Thapa ...............

ii) Honorable Home Minister Kamal Thapa ..............................

iii) Honorable Defence Minister Surya Bahadur Thapa ............

iv) Honorable Minister for Law, Justice & parliamentary

affairs

.........................................................................................

v) Honorable Inspector general of Police Mr. Shyam

Bhakta Thapa

............................................................................

vi) Honorable Inspector general of Armed Police Mr. Sahbir

Thapa...........................................................................................

vii) Honorable Commander in chief of Royal Nepal Army

Mr. Pyar Jung Thapa

................................................................

viii) Honorable chief of Human Rights Cell of Royal Nepal Army

Mr. B.A.K. Sharma

...................................................................

ix) His Majesty The King Shree 5 Gyanendra Veer Vikram Shah Dev

x)United Nation's Working Group on Disappearance

xi)David A. Johnson,Senior Adviser on Human Rights,UN Office Nepal

.....................................................................................

Informations & Face to Face Contact

i) Chief of Regional Police Office of Janakpur Zone Senior Superintendent of

Police Mr. Chuda Bahadur

Shrestha.............................................................................................

ii) Cheif of District Police Officer, Superintendent of Police Mr. Kuber Singh

Rana Magar

iii) Police Inspector of District Police Office, The then incharge of security

and legal cases branch Mr. Mohan

Sherpa......................................................................................................

iv) Major Dhir Bikram Thapa, the then chief of Army barrack at Parkauli Village

of Mahotari District

......................................................................................................................................

v) Major Anup Adhikari (The then chief of Shree No.9 Bahini Field, Army Camp

Dharapani Village, Dhanusha

District..............................................................................................................

vi) Leutinant Major Dinesh Rajouria (Chief of Shree No.3 Bahini, Light Battery,

Army Camp, Dharapani,

Dhanusha)...................................................................................................................

Telephone Contacts

More than thousand contact with National & International HR activists and

authorities at various times.

Out Comes

Publications of news and appeals in newspapers

Name Language Date

i) Janakpur Today Daily Nepali

ii) Janakpur Express Daily Nepali

iii) Vishwa Jagaran Daily Nepali

iv) Daily Janakpur Nepali

v) Kantipur Daily Nepali

vi) Spacetime Daily Nepali

vii) Poorvadhar Weekly Nepali

viii) Daily Jagaran Hindi

(Indian Newspaper)

ix) Manav Adhikar Sthiti Suchak Nepali

(Human Rights Condition informer)

Published from INSEC

x)

Human Right Year Book 2004(By INSEC)

xi) List published by National Human Rights Commission.

APPEALS BY HUMAN RIGHTS ACTIVIST ORGANIZATIONS

Name of the Organizations releasing appeals Date

i) Appeal with list of disappearance by INSEC

ii) Appeal with list of disappearance by HURPES

iii) Appeal with list of disappearance by NHRC

iv) Appeal with list of disappearance by CESOUP

v) Memoradum letters to govt. through

Chief District Officer, Dhanusha District

with list of disappeared by ................ CESOUP

vi) Press release by .................................. CESOUP

vii) Urgent Actions released by ............... Amnesty International, London

viii) Urgent Actions Updated by ............... Amnesty International, London

ix) Top ten action released by ................. Amnesty International, London

x) Combined appeal released by HR Activist

Organizations ......................................

Organizations releasing facts about

Consequences due to disappearances

Name Content Date

i) INSEC Published the consequences due to disappearance in May-June

page no. 2 of "Madhyamanchal Khabar" a bimonthly 2004

publication

ii)) Radio Nepal Released Consequence due to disappearance in Human

Rights news at 8.45 A.M. 10/04/2004

Searches and Appeals Continued by HR activists and Organizations

i) Informal Sector Service Center (INSEC), Nepal, Kathmandu

ii) International Committee of the Red-Cross, (I.C.R.C.), Kathmandu

iii) International Committee of the Red-Cross, (I.C.R.C.), Biratnagar

iv) National Human Rights Commission, Kathmandu, Nepal

v) Human Rights Project, Nepal Bar Association, Kathmandu, Nepal

vi) Human Rights Project, Nepal Bar Association, Madhyamanchal Branch

Hetauda, Nepal

vii) Amnesty Internation, Internation Secretariate, London.

viii) Human Rights Watch

ix) Center for society Upliftment, Dhanusha District, JanakpurDham

x) Human Rights and Social Concern Center, Dhanusha, JanakpurDham

xi) Inhured International, Kathmandu, Nepal.

xii) Himalayan Human Rights Monitors, Kathmandu, Nepal

xiii) Human Rights and Peace Establishing Society (HURPES), Kathmandu, Nepal

xiv) Charles Perroud (Email- innocent_criminal51@yahoo.co)

I have not pursued the legal remedies as habius corpus is any of the High Court

or Supreme Court of Nepal because of unduly prolongation and ineffectual

results. The constitutional remedies has been totally ineffective due to

present unified command concept. Militaries and Police Force does not obey the

judicially even the summons and show cause notices released by the courts.

Even, national Human Rights commission has been fail to investigate, monitor

and preserve Human Rights.

Likewise, I have not submitted my petitions to Inter-American Commission on

Human Rights, The European court of Human Rights and African Commission on

Human and People's Rights.

The reason of my steps not being effective is mainly here does not remain the

rule of law because the constitution and the laws of the land and even the

International Instruments are not follwed by the Government.The Governments

after the dissolution of parliament and after the application of Article 127 of

the Constitution, here runs only the nominated Governments who is not

accountable to the people.

VI. Full name and address of the person(s) submitting the information

(telephone and fax number, if possible) 10/

Name:-Jai Kishor Labh Signature:-

Residence:-

Town:-JANAKPUR MUNICIPALITY,WARD NO. 10

DEVI CHOWK AREA(CHITRAGUPTA TOLE) DISTRICT:- DHANUSHA

REGION:MIDREGION(TERAI) COUNTRY:- NEPAL

COUNTRY:- NEPAL

Email:-jaikishor2003@yahoo.com

jaikishor20032003@yahoo.com