SC stays prosecution of Maoist cadres

Added At:  2011-01-19 11:42 PM  

Last Updated At: 2011-01-19 11:42 PM

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HIMALAYAN NEWS SERVICE

KATHMANDU: The Supreme Court today stayed the government move to arrest and prosecute two dozen Maoist CA members for murder.

A division bench of Justices Top Bahadur Magar and Mohan Prakash Sitaula issued the order. The bench directed, “Not to arrest and detain the defendants and to maintain the status quo till the limitation of time of submitting written explanations from the defendants or till the expiry of limitation of time.” The bench also said it would hear the petition together with a similar petition filed by UCPN-M CA member Keshav Rai, which is sub judice in the apex court.

A few days ago, the apex court directed the authorities — Office of the Prime Minister and Cabinet, the Ministry of Home Affairs, Police Headquarters, the District Court, District Police Office and District Government Lawyers Office — to submit written replies within 15 days in relation to action against two dozen UCPN-Maoist cadres.

Kul Bahadur Khatri, Jangabir Rai, Mohan Kumar Khadka, Narayan BD, Tanka Bahadur Khatri, Rana Bahadur Khadka, Purna Bahadur Khadka and Binda Kumari Magar face murder charges.

Immediately after the Okhaldhunga District Court issued a 70-day summons in their names for the murder of Guru Prasad Luitel, Padam Bahadur Tamang and Masta Tamang, they moved the apex court citing the Comprehensive Peace Accord. They moved the SC stating the murder cases as it fell under the jurisdiction of the Truth and Reconciliation Commission.

Citing the apex court order of December 14 in relation to UCPN-M CA member Keshav Rai, they stated that initial proceedings of the District Court went against Article 8 (4) of the CPA and Article 33 (D) of the Interim Constitution. They, demanded certiorari and mandamus orders to the government to set up the Peace and Reconciliation Commission at the earliest.

http://www.thehimalayantimes.com/rssReference.php?headline=SC+stays+prosecution+of+Maoist+cadres+&NewsID=273598

द्वन्द्वको घाउ आलै | Demand for basic rights cost teenager his limb

भीमबहादुर सिंह

जाजरकोट, मंसिर १७ -
द्वन्द्वका बेला माओवादी कार्यकर्ताले खुट्टा भाँचिदिएका झाप्रा ८ स्थित नल्फुका तेजनाथ योगी अहिले अपांग जीवन बिताइरहेका छन् । पढ्नकै लागि उनी सदरमुकाम खलंगामा डेरा लिएर बसेका छन् । योगीको गाउँ सदरमुकामबाट दुई दल टाढा छ ।

बाबुलाई श्रमकैदमा राखेको विरोध गर्दा ६ वर्षअघि माओवादी कार्यकर्ता तप्तबहादुर शाहीले उनको खुट्टा भाँचिदिएका हुन् । त्यति बेला उनी ११ वर्षकामात्र थिए । उपचार नहुूदा दायाँ खुट्टा काट्नुपरेको उनले सुनाए । उनी बैसाखीको सहारामा दैनिक विद्यालय आउजाउ गर्छन् । खलंगास्थित त्रिभुवन उच्च माविमा कक्षा ९ मा पढ्दै गरेका योगीले भने, 'माओवादीको सशस्त्र द्वन्द्वले मलाई अपांग बनायो ।'

उनका बाबु शेरबहादुर नाथलाई माओवादीले श्रमजेल राखेर दुःख दिएको उनले विरोध गर्दा यातना दिने क्रममा दाहिने खुट्टा भाँचिएको हो ।

बुवा माओवादी श्रमजेलमा भएका कारण योगीको तत्काल उपचार गरिदिने कोही भएन । उनीहरूलाई गाउँ छाड्ने अनुमतिसमेत थिएन । स्थानीय वैद्यले काप्रो लगाए पनि ठीक नभएको उनले बताए । 'खुट्टा झन्झन् पाकेर थला परें । त्यसको २ वर्षपछि बुवाले अपांग बाल अस्पताल बनेपामा पुर्‍याउनुभयो,' उनले भने, 'तर क्यान्सर भइसकेको रहेछ । अन्ततः खुट्टा काटेर फ्याल्नपर्‍यो । तीन महिना अस्पताल बस्दा ५५ हजार ऋण लाग्यो ।' आर्थिक अवस्था कमजोर रहेका उनलाई सदरमुकाममा बसेर पढ्न मुस्किल छ । उनी आफंै खाना पकाउने, कोठा सफा गर्ने र भाँडा माज्ने गर्छन् । अहिले उनले ओमशिव भक्ति वृद्धाश्रम खलंगामा आश्रम लिएका छन् । तेजनाथ १५ मिनेट हिँडेर विद्यालय जाने गर्दछन् । विद्यालयका उनी एक्ला अपांग हुन् ।

'सरकारले द्वन्द्वपीडित मलाई अहिलेसम्म कुनै सहयोग गरेको छैन,' उनले गुनासो गरे । विद्यालयका हरेक क्षेत्रमा सपांगसँग प्रतिस्पर्धा गर्नुपर्छ । कक्षाकोठाको बसाइदेखि पढाइको छुट्टै व्यवस्था छैन ।

प्रकाशित मिति: २०६७ मंसिर १८ ०९:२०

Demand for basic rights cost teenager his limb

BHIM BAHADUR SINGH

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JAJARKOT, DEC 05 -

The decade-long armed insurgency is a thing of the past for many. But, the conflict frequently haunts this 16-year-old boy who is now living a life of disability.

Tejnath Yogi, then 11, was beaten up by UCPN (Maoist) activists on the charge of defaming the party. They brutally thrashed him, leaving him with a fractured right leg. He could not get timely treatment and the leg had to be cut off after two years.

The one-time rebels took action against the boy when he protested against the Maoists for driving his father, Sher Bahadur Nath, into their ‘labour camp’. The Maoist activists led by Tapta Bahadur Shahi broke his leg in the name of ‘people’s action”. The Maoists also ordered him not to leave the village even for medical treatment.

“My father was in the Maoists’ detention then. Nobody dared take me to hospital mainly due to the Maoists’ threat. A local baidya (healer) plastered my fractured leg, but it did not work,” Yogi narrated his ordeal.

He said that his father had taken him to a Banepa-based orthopedic hospital two years after the incident. “The doctors suggested cutting off the leg suspecting cancer,” the boy tearfully told the Post. The teenage amputee of Jhapra-8, has shifted to Khalanga to continue his studies. “I came here for my studies as I could not attend the school which was a two-hour walk from my house in the village,” said the ninth grader at Khalanga-based Tribhuwan Higher Secondary School.

He is taking refuge at Om Shiva-Shakti Elderly Home in Khalanga. “I am a single disabled student at the school. It is difficult to compete with the other students here,” said he, adding that the government has neither provided him relief not arrested the Maoist activists who maimed him. Yogi said that he asked the District Administration Office for relief but to no  avail.

Posted on: 2010-12-05 08:53

http://www.ekantipur.com/2010/12/05/editors-pick/demand-for-basic-rights--cost-teenager-his-limb/326028/

How they butchered the school principal

INSURGENCY'S UGLY FACE

GUNA RAJ LUITEL DURADANDA (LAMJUNG), Nov 27: It had rained in the morning. The afternoon was foggy. Buddha Ram Darji looked out the window of a classroom at Devi Sadan Primary School, Turlung. He saw about six people with black handkerchiefs tried around their mouths walking along a trail that stretched right in front of the school. Their movement alarmed Darji. But he couldn´t gather the courage to step out and inquire what was going on. His sense of alarm grew stronger after he saw students from another school arrive at his own.  “They killed Panini´s principal today,” the students told him, their voice cracking with fear. The face of Navakumar Adhikari flashed through Darji´s mind. By the time the students briefed him about the tragedy, it was already 2:30 pm. He was thoroughly shaken by news of the murder. The teachers called off classes for the day and headed to the spot of the crime. Near Panitanki, he saw the slain teacher´s body tied to an alder tree. But it was not Navakumar Adhikari who had met the gruesome death. It was Muktinath Adhikari, who had taken charge as principal of Panini Sanskrit Secondary School that very day. Muktinath´s hands were tied behind his back, against an alder tree. The killers had used his own muffler to tie his neck to the tree. The Culprit Muktinath was just one of thousands of victims of the Unified Communist Party of Nepal (Maoist) that is currently busy conducting its plenum at Palungtar, Gorkha. In the name of rooting out feudals and exploiters from the villages, the party murdered a person who had worked to hold society together. The murder that took place in Lamjung district, located close to the Maoist plenum venue, nine years ago is still fresh in the memory of Duradanda locals. The cold-blooded murder shocked the country as well as the international community. But no one has been tried for the murder yet. Instead of waiting for the class to be over, the visitors entered the classroom. They tied his hands behind his back. The scared students started crying. The intruders ordered all teachers to assemble on the school ground and also told the students to get out of the classrooms. They then took Muktinath away, pointing a gun at his temple. The intruders warned everyone against following them or telling anyone about the incident. Almost a decade has passed since the murder on January 16, 2002. But the wounds left by it remain fresh. Fear still grips the village. Many wonder what kind of end others might meet when a righteous, hard-working idealist like Muktinath could be killed in such fashion. Last Cup of Tea On the morning of January 16, 2002, Muktinath paid a visit to his cousin Bal Krishna Neupane, now 66. Neupane, a retired Indian Army soldier and Muktinath´s neighbor, offered him tea. Muktinath told him, “The responsibility of school principal has come upon my shoulders. I don´t want it, but I don´t have a choice.” Muktinath´s predecessor Navakumar had left the village after being unable to live there any more. The day before the murder, Muktinath was summoned by the District Education Office to assume the responsibility. He took the appointment letter on January 15 and left for his village the same day. Friends at Besisahar, the district headquarters, had asked him to stay for a day. But he declined as the school was in a shambles and he had to bring it back into order. “He had tea at this porch in the morning. Hours later, he was murdered,” Bal Krishna recalled, tears welling up in his eyes. Muktinath went home from there, had lunch, and left for the school where his killers found him. Bal Krishna himself had fought the Maoists once when he was employed as a security guard at Nepal Bank Limited, Chandrapata branch. The Maoists came to take his gun. After a tussle over the gun, he eventually let it go upon being hacked with khukuri knives. Though emotionally strong, Bal Krishna was shattered on learning about Muktinath´s murder. “I received 54 stitches after bank the incident,” he said. “I never feared death. But Muktinath´s murder was extremely painful for me.” The Idealist Muktinath Adhikari was an ideal teacher, a social worker, and rights worker. He lost both his father and mother at a young age. He joined school much later than other children. But he was so good in his studies that he didn´t have to spend a long time at the primary level. He completed his SLC with first division grades. He did well in higher studies as well. He was awarded an MBBS scholarship under the Colombo Plan, but ended up giving that opportunity to someone else, villagers say. A selfless man, he was always willing to help others. He strived for unity among the villagers. He never idled away his time. Even people who were older than him were afraid to play cards when he was around. He inspired children. He had a simple message: Hard work. Muktinath led by example. Though he was the principal of Panini Sanskrit Secondary School when he was murdered, he was renowned all over the district for his grasp of mathematics and science. Students from far-flung villages camped in the village to attend tuition classes that he conducted. Thakur Prasad Tiwari, 53, of Chaharepani, Chandreswar-6, Lamjung, remembers his childhood friend Muktinath as being sharp in studies. After SLC, Muktinath started teaching. He would tell children to allocate time for studies and for play. He told villagers to put time to good use rather than waste it playing cards. The villagers are full of praises for Muktinath. They still remember watching him being forced to walk a half-an-hour´s distance from Panini School to Panitanki, a gun pointed to his temple and his hands tied behind his back. Jeevnath Adhikari, a teacher at Sarvodaya Higher Secondary School, whom Republica bumped into along that trail, said, “There cannot be another teacher like him.” Jeevnath had accompanied Muktinath to Besisahar the day before the murder. He had urged Muktinath not to accept the appointment letter. But Muktinath had said he had no choice. “That was our last meeting,” he recalled. Narajang Dura, 53, who lives near the murder spot, said, “He was so helpful. He always offered us good advice.” Muktinath had started many good practices in the village. It was due to his initiative that villagers started offering their labor to farmers who fell ill during the planting or harvesting season. Muktinath had united the villagers. “All of us used to help if someone fell ill,” said Saraswati Adhikari, 63, of Chaharepani. “But today, no one helps even if someone dies.” In a sense, Muktinath´s murder was the murder of a thread that united society. Breaking that thread was essential for the Maoists to penetrate the village politically. Day of the Murder On the day of the murder, classes were being conducted at Panini Sanskrit Secondary School, like on any other day. Muktinath was tutoring 10th graders. The tiffin bell was about to ring. At around 1:10 pm a few visitors came looking for the school principal. After seeing him in the classroom, they asked him to come out. Muktinath told them to wait until the class was over. “He was fearless as he hadn´t harmed anyone,” said Subhakar Khatiwada, who is the school´s principal today. Instead of waiting for the class to be over, the visitors entered the classroom. They tied his hands behind his back. The scared students started crying. The intruders ordered all the teachers to assemble on the school ground and also told the students to get out of the classrooms. They then took Muktinath away, pointing a gun at his temple. The intruders warned everyone against following them or telling anyone about the incident. There were 10 or 12 of them. They were also carrying a grenade, according to teachers who witnessed the incident. But the teachers followed the intruders at a safe distance. The Maoists had demanded that all the teachers ´donate´ 25 percent of their salary. Muktinath had called a meeting of the teachers. The meeting had reached a decision not pay the sum. While taking Muktinath away, the Maoists had said they would return him after two days. No one dared to confront the Maoists while they were taking Muktinath down the main road of the village to Panitanki. Everyone was terrified. The Maoists shot Muktinath in the temple, stabbed him with a knife and headed toward Turlung. A local said he bumped into one female and eight male Maoists in a forest at Sindure VDC. The team was under the leadership of one Devendra Poudel of Lamjung. Later, a murder complaint was filed against Poudel. After murdering Muktinath, the Maoists accused him of being a spy. However, they haven´t explained so far how he spied or on what. Instead, Maoist Vice chairman Baburam Bhattarai, in a television interview, admitted that “Killing Mukti Sir was a mistake”. Muktinath was also the coordinator of Amnesty International´s Group 79 in Duradanda. The alder tree where Muktinath was buchered is no longer in existence. A few days after the murder, the villagers literally uprooted the tree as they saw in it a sign of bad luck. But removing the tree hasn´t helped locals forget the murder. Story behind the picture (Based on the information given by the person who took the pictures. He still prefers to remain anonymous.) After the murder, newspapers were awash with the picture of Muktinath, his hands tied behind his back against an alder tree, his neck tied to the tree with his own muffler, and his cap lying on the ground in front. The picture resurfaces time and again in print. To this day, I haven´t been able to claim credit for it. after taking the picture I didn´t dare to go home for three years, not even to celebrate Dashain. I took the picture then just for the record. The night after the murder, we were keeping vigil over the dead body. At around 11 pm we lit huge logs and left. But we came back time and again to make sure no one touched the body. One of the pictures taken by the anonymous photographer on January 16, 2002. The next morning, I asked a local photographer to take a picture of the body. But he was too scared to go there. So I took his camera, went there, and took pictures from different angles. After taking the pictures, I returned the camera to the photographer. He later gave me the developed prints. I eventually gave the pictures to a journalist associated with Himalkhabarpatrika. The news magazine published them.   Published on 2010-11-27 00:00:01 http://www.myrepublica.com/portal/index.php?action=news_details&news_id=25618

Nepal: UN reports progress in rehabilitating child soldiers from civil war

Ambassador Claude Heller (left) and Prime Minister Madhav Kumar Nepal in Kathmandu

26 November 2010 – A Security Council working group today reported significant progress on the release and reintegration of thousands of Nepalese child soldiers who fought in the decade-long civil war between the then-royalist government and Maoist insurgents.During “a very constructive” week-long visit, the Working Group for children and armed conflict conferred with the Government and the Unified Communist Party of Nepal-Maoist (UCPN-M) on the Action Plan the two signed with the United Nations last December for the re-integration of minors released by the Maoist army.
“I am particularly pleased to report on the commitments that the UCPN (Maoist) and other political party officials made during our discussions,” Mexican Ambassador Claude Heller, chairman of the Working Group, told reporters in Kathmandu, the Nepalese capital.
“The Working Group feels these commitments constitute a significant step in the right direction for the children and youth of Nepal,” he said, citing UPCN-M Chairman Pushpa Kamal Dahal’s agreement to significantly strengthen coordination with the UN to monitor implementation of the Action Plan so as to address remaining challenges in its execution.
Under this agreement, the UN Monitoring Team will meet with the UCPN-M on a regular basis to address the concerns that have been reported.
On talks with the Government, Mr. Heller noted that the Ministry of Peace and Reconstruction pledged to press for Cabinet approval and speedy implementation of the national plan to rehabilitate and reintegrate child solders and other conflict-affected children.
Chairmen of political youth wings agreed to work with the UN to find ways to end the use of children below the age of 18 in potentially violent political activities and to exclude schools, school children and school personnel from strikes and other work actions.
The delegation and the Nepalese discussed Secretary-General Ban Ki-moon’s next report on children and armed conflict, due in April, which contains annexed lists of parties responsible for recruitment and use of child soldiers. The Government and Maoists both have responsibilities under the Action Plan and removal of parties from the lists depends on full compliance with the plans they have signed, Mr. Heller said.
“I would like to relay the Council’s firm support for the peace process in Nepal and highlight that all parties in Nepal told the Working Group that the Action Plan and release of verified minors from the cantonments signalled a key event in this beautiful country’s moves toward a consolidated peace,” he added.
“I hope the latest commitments and their effective fulfilment, with the support of the UN, will signal another step toward lasting peace for Nepal.”
Under the Action Plan signed on 16 December 2009, nearly 3,000 child soldiers who served in the Maoist army were discharged by February in a move the UN hailed as a milestone in the country's peace process.

http://www.un.org/apps/news/story.asp?NewsID=36875&Cr=Nepal&Cr1

Murders in Dang, families seek justice

by Duku Nepal on Thursday, November 25, 2010 at 4:10am

On 23 November 2010 and 24 November 2010 families of the victims killed in two major incidents of killings by the then Royal Nepal Army and the Maoists filed petition of Mandamus in the Appellate Court of Tulsipur, Dang with the assistance of Advocacy Forum. The families are challenging the continuous denial of justice in these cases.

Case 1: Murder of 11 farmers by then Royal Nepal Army

11 farmers of Bargadi village of Dang District were murdered by the then Royal Nepal Army on November 28, 2001 (2058/8/13) while they were working in a paddy sifting yard. The names of the victims are:

Asharam Chaudhari,

Krishna Prasad Chaudhari,

Sitlal Chaudhari,

Prasadu Chaudhari,

Ram Bahadur Chaudhari,

Ruplal Chaudhari,

Khushiram Chaudhari,

Jagaman Chaudhari,

Rishiram Chaudhari,

Jogi Chaudhari,

Somlal Chaudhari.

They were accused of being supporters of the Maoists. According to witnesses, at around 3 pm, armed RNA personnel in uniform entered the village and went to the place where these victims were sifting paddy. Some army personnel said, “Comrade Red Salute!” and ordered all the victims to gather at a single place. The victims followed the order as they feared the army men. Army personnel asked all them to kneel down and then they opened fire at them. The soldiers then drove away.

The petition states, ”Smoke was surging up from the incident spot. We couldn’t go to the incident spot because of the fear of the army. All except Ruplal Chaudhari were dead on the spot. Ruplal was crying for water. His wife dragged him to the hayrick, helped him lean on its support and gave him water. He could not drink water well. We were in dilemma whether to take him to hospital or not. We feared that soldiers may take reprisal if we take him to hospital. We did not know what to do, on the one hand the man struggling for his life, seeking for our help, on the other hand we were fearful if we face the same fate for helping him out. Later we decided to take him to hospital. Family members were weeping for their loved ones. As we were looking for a local stretcher (khatia) to take Rup Lal to hospital, we saw soldiers coming back again with 3 trucks. When they saw Rup Lal being still alive, they shot him dead and take all the bodies with them loading them in the trucks’

Witnesses recall “we heard that the soldiers then took the dead bodies to Mahendra Hospital in Ghorahi and did the post mortem as they wanted it. We even feared to ask the army where the dead bodies were. With the help of the then Mayor of the town, we approached the hospital. We were asked to sign a document that our loved one were killed in an encounter with the security forces. When we denied to sign, we were told that the bodies won’t be given for our last ritual. We were forced by the military to sign. After five days we got the bodies of our loved one. Our loved one werekilled in the paddy field while thrashing the paddy, but Radio Nepal and Television broadcasted the news that 11 armed Maoist terrorists who had come to Bargadi village to loot the villagers had been killed in an encounter with the security forces. We could not bear the pain when they tagged our loved ones being Maoist Terrorists, after killing them cold blood”.

There was no investigation in the case though the Nepalese law requires police to do investigation in any case of crimes. “Instead of investigation, when we approached the police with the written First Information Report (FIR) on November 21, 2008 (2065/08/06) the police refused to lodge the complaint and told us that the case had already been closed as the incident was an accident. In addition, they said that it is a case from the conflict period and the army being involved, the police cannot do an investigation unless the higher authority orders us to do so. There is no other legal recourse left for us than knocking the door of the judiciary, seeking court orders through a writ of mandamus against police and public prosecutors for thorough investigation and prosecution on the case.” This is what family members stated in the petition.

There was a show cause hearing today in the appellate court, we got the solidarity and support from local human rights defenders, local chapter of Bar Association and International Commission of Jurists on the case. The court has ordered police, public prosecutors among other to furnish the information why there was no investigation on the case.

Case 2: Killings of 3 youths by the Maoist in Dang

Three youths, namely Upendra GC, Gir Bahadur Thapa and Suvas Roka, from Dang were abducted by Maoists on February 21, 2002. While the family members were searching for them, they found pamphlets at Bahundanda forest, signed by the Maoist district-level leader stating that the three youths had been “wiped out” for spying against the Maoists. Though the pamphlets were found, no bodies were recovered. The anguished, terrified family members later came to know that their bodies had been thrown in the Bahundanda forest 9 days after the incident.

The petition states, “Once we found the bodies, we informed the police. However, the police stated that because of the security condition they could not go to the place. They said that, ‘if you bring the bodies by yourselves, we can proceed with the case.’

Witnesses recalled, ‘All three of them were brutally killed, Upendra GC’s body was facing north, his head was burnt, his left hand was broken, his right leg, thy, calves and hands were full of cut injuries. Kerosene might have been poured on the heads and fire had been set on them. Going through the bodies, we suspected victims had been murdered elsewhere and thrown there. Suvas Thapa had been shot in the forehead and chest while Girbahadur’s body was riddled with bullets. Moreover, one of his hands and legs had been severed from the body. His penis too had been cut off.” The victims’ family members took the bodies to Mahendra Hospital where the post mortems were done.

The petitioners in their petition claim, “The Police did not carry out any investigation though the FIR was registered on 8 March 2002. The law cannot provide immunity for an act of abduction and intentional homicide of our innocent loved ones on suspicion of spying for the army. The authority and person must be held accountable for their acts of abducting and killing of innocent people. Thoseresponsible for these grave criminal offences should be punished as per the law. The law should be mandatorily and equally upheld, respected and carried out. The perpetrators of serious criminal offences like intentional homicide are punishable by the civilian court. These kinds of incidents will recur in society as the encouragement of the criminals is enhanced, when they get immunity in the name of rebel forces during the time of conflict. These kinds of acts are detrimental to the development of society. Therefore, it is the state’s obligation to identify the accused and to prosecute them. The Police are supposed to proceed with the investigations even in the absence of a written complaint by the victims' families. Though the filing of the complaint by the victims' side contains all the details regarding the incident, the police did not investigate into it which has ridiculed the rule of law and thereby fostered impunity.”

The show cause hearing on this case will be tomorrow in the appellate court tomorrow.

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