12-18 July 2013 #664

Jailed abroad

Yashoda Timsina, Nepal, 7 July

For the last three years, Dhanpati Poudel of Parbat has been languishing at the Prey Sar prison in Cambodia’s capital Phnom Penh. Poudel along with Bangladeshi nationals Rafiqul Islam and Miah Kabir were arrested in April 2010 after letters allegedly bearing their names arrived at the British, US, and Australian embassies in Phnom Penh threatening an impending terrorist attack. The men were sentenced to eight years in prison under the kingdom’s anti-terrorist law in 2011. But 47-year-old, who ran an online business in Cambodia, claims he was unjustly convicted.

The letters warned the embassies of four refugees from India and Burma and accused them of having links to Al Qaeda and planning an attack on the embassies. Although local media reported that personal dispute in the South Asian restaurant business in Phnom Penh might have led to this letter and though there is no evidence linking the three to any terrorist attack, the police went ahead and charged them. Poudel, who arrived in Cambodia eight years ago had been running an online business, but had overstayed his visa and the Cambodian police seems to have taken advantage of this.

There are six signatories of the letter – only first names, this is where Poudel believes the confusion began. One of signatures says ‘Dep’ and since Dhanpati also used Dip as his first name in short, this might have tipped off the police. Eventhough there is no evidence to show his involvement in any terrorist activities, Poudel says his pleas to prove his innocence have gone unheard. The local Non-Resident Nepalis chapter has been fighting on Poudel’s behalf, but the Cambodian government and the Nepali Embassy in Thailand have been unresponsive. Nepalis in Phnom Penh claim Poudel simply got trapped by Cambodian government who is often criticised for  human rights violation and lack of press freedom. “Every once in a while they jail innocent people like Poudel to show to the west that they are fighting against terrorism,” says Ramesh Chettri who works in Cambodia.

The decision of the municipal court which convicted Poudel under anti-terrorist laws was upheld by the appellate court in October 2012. The case is now filed at the Supreme Court and if it also upholds the previous decision Poudel will have to spend additional four years and eleven months in prison. Of the two Bangladeshis who were also arrested, one has already been released while the other is in constant contact with his country’s ambassador.