Added At: 2011-04-19 11:39 PM Last Updated At: 2011-04-20 11:39 PM
HIMALAYAN NEWS SERVICE
KATHMANDU: Two Maoist-victims today moved the Supreme Court demanding its order to empower police and prosecutors to continue their authority to punish criminals who had committed crimes during the decade-long Maoist conflict.
Fadindra Luitel, son of late Guru Prasad Luitel and Suman Adhikary, son of late Mukti Nath Adhikary, jointly filed a petition demanding apex court order to continue police prosecution.
Teachers Guru Prasad and Mukti Nath were murdered hineously after they refused to give the donation demanded by then CPN-Maoist cadres in 2005.
The petitioners claimed that it would be injustice to victims like them if the apex court weakens the existing mechanism by giving in to the demand of Maoist Constituent Assembly member Keshav Rai.
They said, if this happens they would lose hope of justice from the Truth and Reconciliation Commission because its formation was uncertain.
http://www.thehimalayantimes.com/rssReference.php?headline=Apex+court++intervention+sought&NewsID=284690
Showing posts with label Prosecutions. Show all posts
Showing posts with label Prosecutions. Show all posts
Wednesday, April 20, 2011
Nepal: UN human rights official urges creation of justice and reconciliation commissions
A senior United Nations human rights official today urged Nepal to quickly enact the draft laws that will establish a commission to probe enforced disappearances in the Asian country and create a mechanism to seek the truth about conflict-related abuses and facilitate national reconciliation.
Tuesday, April 19, 2011 By UN News
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Deputy Rights Commissioner Kyung-wha Kang (right) speaking to reporters on arrival in Nepal
A senior United Nations human rights official today urged Nepal to quickly enact the draft laws that will establish a commission to probe enforced disappearances in the Asian country and create a mechanism to seek the truth about conflict-related abuses and facilitate national reconciliation.
"Establishing these mechanisms in Nepal " in particular the Disappearances Commission and the Truth and Reconciliation Commission " is both necessary and urgent," said Kyung-wha Kang, the UN Deputy High Commissioner for Human Rights, addressing members of Nepal"s Constituent Assembly in the country"s capital, Kathmandu.
"The Constituent Assembly must swiftly adopt the necessary draft legislation to establish these commissions. Furthermore, to ensure that the claims of the victims are genuinely addressed, these laws must be in line with international human rights standards," she said.
Ms. Kang, however, added commissions cannot replace the regular criminal justice process, which guarantees the rule of law in society.
"It is an obligation for all States to undertake investigations and prosecutions of all cases of gross violations of human rights and serious violations of international human rights and humanitarian law. Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges."
She voiced concern that no one has to date been held accountable for crimes committed during the conflict, noting that criminal investigations have not progressed and that some perpetrators have even been promoted, with little attention paid to redressing the grievance of the victims.
"In particular, families of the disappeared have remained in the dark about the fate of their loved ones, and to this day, continue to suffer as they await the truth " and justice. They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the State."
Ms. Kang said the UN Office of the High Commissioner for Human Rights (OHCHR) is pleased that the Nepalese legislature is considering two important bills aimed at advancing the protection and promotion of the human rights of one of the most marginalized groups in Nepali society " the Dalit community.
"I am speaking of the bill to properly criminalize untouchability practices and the bill to create a strong, independent, and adequately resourced National Dalit Commission to focus on the defence of the rights of the community.
"Passing these three laws " following the necessary amendments to ensure their consistency with international human rights standards and best practices " is of significant importance," she added.
The Deputy High Commissioner said she was also encouraged by the decision by parliament to instruct the Government to proceed with the ratification of the Rome Statute, the legal instrument that created the International Criminal Court (ICC).
Source: UN News
http://www.speroforum.com/a/52513/Nepal-UN-human-rights-official-urges-creation-of-justice-and-reconciliation-commissions?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+speroforum%2Fnroq+%28Spero+News%29
Not a single war crime punished in Nepal, rues UN
By Sudeshna Sarkar | IANS – Tue, Apr 19, 2011 7:09 PM IST
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Kathmandu, April 19 (IANS) Five years after Nepal's decade-old armed insurrection ended, not a single war crime has been brought to justice, a top UN official rued Tuesday.
Kyung-wha Kang, UN deputy high commissioner for human rights, who arrived here on a three-day visit Monday, said in an address to MPs that it was 'deeply troubling' that to date no one had been held accountable for crimes committed during the Maoist conflict.
'Criminal investigations have not moved forward, some perpetrators have even been promoted, and little action has been taken to address and redress the grievance of the victims,' she said.
Though victims paid tremendous physical, psychological and material price, often they were the neglected part of the equation in efforts to fight impunity. 'Sadly, this has been the case here in Nepal as well,' she said. 'There is a clear need to rectify this gap.'
Over 1,000 people remain missing still with their families in the dark about their fate.
'They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the state,' Kyung-wha said.
The UN official is also asking Nepal to ensure that the new constitution, to be promulgated by May 28, is based on respect for human rights, the rule of law and justice and equal rights for all.
She noted that some provisions in the draft constitution do not protect basic rights, especially the gender-based discrimination vis-a-vis citizenship provisions that prevents children from receiving citizenship through their mothers.
The UN rights body is calling for a Disappearances Commission to disclose the fate of the missing and a Truth and Reconciliation Commission to bring human rights abusers to justice. Both commissions must be in line with international human rights standards.
The official is also urging Nepal not to grant post-conflict amnesties, including granting pardons or withdrawing criminal charges.
The Maoists, who are now in the ruling alliance, have been demanding such amnesty time and again.
Kyung-wha also said Nepal should establish an independent witness and victim protection system.
(Sudeshna Sarkar can be contacted at sudeshna.s@ians.in)
http://in.news.yahoo.com/not-single-war-crime-punished-nepal-rues-un-133923960.html
Nepal: UN human rights official urges creation of justice and reconciliation commissions
Deputy Rights Commissioner Kyung-wha Kang (right) speaking to reporters on arrival in Nepal
19 April 2011 – A senior United Nations human rights official today urged Nepal to quickly enact the draft laws that will establish a commission to probe enforced disappearances in the Asian country and create a mechanism to seek the truth about conflict-related abuses and facilitate national reconciliation.
“Establishing these mechanisms in Nepal – in particular the Disappearances Commission and the Truth and Reconciliation Commission – is both necessary and urgent,” said Kyung-wha Kang, the UN Deputy High Commissioner for Human Rights, addressing members of Nepal’s Constituent Assembly in the country’s capital, Kathmandu.
“The Constituent Assembly must swiftly adopt the necessary draft legislation to establish these commissions. Furthermore, to ensure that the claims of the victims are genuinely addressed, these laws must be in line with international human rights standards,” she said.
Ms. Kang, however, added commissions cannot replace the regular criminal justice process, which guarantees the rule of law in society.
“It is an obligation for all States to undertake investigations and prosecutions of all cases of gross violations of human rights and serious violations of international human rights and humanitarian law. Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges.”
She voiced concern that no one has to date been held accountable for crimes committed during the conflict, noting that criminal investigations have not progressed and that some perpetrators have even been promoted, with little attention paid to redressing the grievance of the victims.
“In particular, families of the disappeared have remained in the dark about the fate of their loved ones, and to this day, continue to suffer as they await the truth – and justice. They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the State.”
Ms. Kang said the UN Office of the High Commissioner for Human Rights (OHCHR) is pleased that the Nepalese legislature is considering two important bills aimed at advancing the protection and promotion of the human rights of one of the most marginalized groups in Nepali society – the Dalit community.
“I am speaking of the bill to properly criminalize untouchability practices and the bill to create a strong, independent, and adequately resourced National Dalit Commission to focus on the defence of the rights of the community.
“Passing these three laws – following the necessary amendments to ensure their consistency with international human rights standards and best practices – is of significant importance,” she added.
The Deputy High Commissioner said she was also encouraged by the decision by parliament to instruct the Government to proceed with the ratification of the Rome Statute, the legal instrument that created the International Criminal Court (ICC).
http://www.un.org/apps/news/story.asp?NewsID=38151&Cr=nepal&Cr1=
UN urges Nepal to punish war crimes, increase women's rights
Julia Zebley at 8:36 AM ET
[JURIST] UN Deputy High Commissioner for Human Rights Kyung-wha Kang [official profile] spoke Tuesday to the Constituent Assembly of Nepal (CA) [official website] about several human rights issues in the country, including a reluctance to prosecute war crimes and insufficient progress increasing women's rights [texts, PDF]. The Office of the High Commissioner for Human Rights (OHCHR) and Human Rights Watch (HRW) [JURIST reports] have both previously appealed to the government of Nepal [BBC backgrounder] to investigate human rights violations allegedly committed during its civil war. Among Kang's recommendations were to establish a Disappearances Commission and a Truth and Reconciliation Commission to investigate allegations of disappearance, torture and other crimes:
Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges. Transitional justice, and criminal justice, should work in a complementary fashion. In this regard, there are a number of cases currently pending in Nepal, for which police investigations, and judicial proceedings, should continue regardless of the fact the establishment of transitional justice mechanisms remains a priority. It is deeply troubling that to date in Nepal no-one has been held accountable for crimes committed during the conflict. Criminal investigations have not moved forward, some perpetrators have even been promoted, and little action has been taken to address and redress the grievance of the victims.
Although Kang was pleased that Nepal is considering criminalizing untouchability practices, she decried that "a number of current draft provisions do not protect basic rights, such as the right to equality. Here, I note particularly gender-based discrimination ... and inadequate respect for the rights of non-citizens." Kang and others are reportedly considering extending [Himalayan Times] the OHCHR-Nepal [official website] presence in the country for two additional years.
The decade-long Maoist guerrilla insurgency that left more than 13,000 people dead ended [JURIST report] in late 2006 when the Nepalese government signed a peace agreement that established the CA. In November, the CA announced it will finish drafting a new constitution [JURIST report] within 18 months. Last May, the CA voted to abolish the monarchy [JURIST report], giving King Gyanendera 15 days to abandon his royal palace, which cleared the way for Maoists to serve in government. As part of the peace accord, the CA was elected [JURIST report] in April 2008, an organization dominated by members of the Communist Party of Nepal - Maoists (CPN-M) [party website].
http://jurist.org/paperchase/2011/04/un-urges-nepal-to-punish-war-crimes-increase-womens-rights.php?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+pitt%2FvLdl+%28JURIST+-+Paper+Chase+%5Bfull%5D%29
Tuesday, April 19, 2011 By UN News
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Discuss
Deputy Rights Commissioner Kyung-wha Kang (right) speaking to reporters on arrival in Nepal
A senior United Nations human rights official today urged Nepal to quickly enact the draft laws that will establish a commission to probe enforced disappearances in the Asian country and create a mechanism to seek the truth about conflict-related abuses and facilitate national reconciliation.
"Establishing these mechanisms in Nepal " in particular the Disappearances Commission and the Truth and Reconciliation Commission " is both necessary and urgent," said Kyung-wha Kang, the UN Deputy High Commissioner for Human Rights, addressing members of Nepal"s Constituent Assembly in the country"s capital, Kathmandu.
"The Constituent Assembly must swiftly adopt the necessary draft legislation to establish these commissions. Furthermore, to ensure that the claims of the victims are genuinely addressed, these laws must be in line with international human rights standards," she said.
Ms. Kang, however, added commissions cannot replace the regular criminal justice process, which guarantees the rule of law in society.
"It is an obligation for all States to undertake investigations and prosecutions of all cases of gross violations of human rights and serious violations of international human rights and humanitarian law. Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges."
She voiced concern that no one has to date been held accountable for crimes committed during the conflict, noting that criminal investigations have not progressed and that some perpetrators have even been promoted, with little attention paid to redressing the grievance of the victims.
"In particular, families of the disappeared have remained in the dark about the fate of their loved ones, and to this day, continue to suffer as they await the truth " and justice. They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the State."
Ms. Kang said the UN Office of the High Commissioner for Human Rights (OHCHR) is pleased that the Nepalese legislature is considering two important bills aimed at advancing the protection and promotion of the human rights of one of the most marginalized groups in Nepali society " the Dalit community.
"I am speaking of the bill to properly criminalize untouchability practices and the bill to create a strong, independent, and adequately resourced National Dalit Commission to focus on the defence of the rights of the community.
"Passing these three laws " following the necessary amendments to ensure their consistency with international human rights standards and best practices " is of significant importance," she added.
The Deputy High Commissioner said she was also encouraged by the decision by parliament to instruct the Government to proceed with the ratification of the Rome Statute, the legal instrument that created the International Criminal Court (ICC).
Source: UN News
http://www.speroforum.com/a/52513/Nepal-UN-human-rights-official-urges-creation-of-justice-and-reconciliation-commissions?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+speroforum%2Fnroq+%28Spero+News%29
Not a single war crime punished in Nepal, rues UN
By Sudeshna Sarkar | IANS – Tue, Apr 19, 2011 7:09 PM IST
Kathmandu, April 19 (IANS) Five years after Nepal's decade-old armed insurrection ended, not a single war crime has been brought to justice, a top UN official rued Tuesday.
Kyung-wha Kang, UN deputy high commissioner for human rights, who arrived here on a three-day visit Monday, said in an address to MPs that it was 'deeply troubling' that to date no one had been held accountable for crimes committed during the Maoist conflict.
'Criminal investigations have not moved forward, some perpetrators have even been promoted, and little action has been taken to address and redress the grievance of the victims,' she said.
Though victims paid tremendous physical, psychological and material price, often they were the neglected part of the equation in efforts to fight impunity. 'Sadly, this has been the case here in Nepal as well,' she said. 'There is a clear need to rectify this gap.'
Over 1,000 people remain missing still with their families in the dark about their fate.
'They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the state,' Kyung-wha said.
The UN official is also asking Nepal to ensure that the new constitution, to be promulgated by May 28, is based on respect for human rights, the rule of law and justice and equal rights for all.
She noted that some provisions in the draft constitution do not protect basic rights, especially the gender-based discrimination vis-a-vis citizenship provisions that prevents children from receiving citizenship through their mothers.
The UN rights body is calling for a Disappearances Commission to disclose the fate of the missing and a Truth and Reconciliation Commission to bring human rights abusers to justice. Both commissions must be in line with international human rights standards.
The official is also urging Nepal not to grant post-conflict amnesties, including granting pardons or withdrawing criminal charges.
The Maoists, who are now in the ruling alliance, have been demanding such amnesty time and again.
Kyung-wha also said Nepal should establish an independent witness and victim protection system.
(Sudeshna Sarkar can be contacted at sudeshna.s@ians.in)
http://in.news.yahoo.com/not-single-war-crime-punished-nepal-rues-un-133923960.html
Nepal: UN human rights official urges creation of justice and reconciliation commissions
Deputy Rights Commissioner Kyung-wha Kang (right) speaking to reporters on arrival in Nepal
19 April 2011 – A senior United Nations human rights official today urged Nepal to quickly enact the draft laws that will establish a commission to probe enforced disappearances in the Asian country and create a mechanism to seek the truth about conflict-related abuses and facilitate national reconciliation.
“Establishing these mechanisms in Nepal – in particular the Disappearances Commission and the Truth and Reconciliation Commission – is both necessary and urgent,” said Kyung-wha Kang, the UN Deputy High Commissioner for Human Rights, addressing members of Nepal’s Constituent Assembly in the country’s capital, Kathmandu.
“The Constituent Assembly must swiftly adopt the necessary draft legislation to establish these commissions. Furthermore, to ensure that the claims of the victims are genuinely addressed, these laws must be in line with international human rights standards,” she said.
Ms. Kang, however, added commissions cannot replace the regular criminal justice process, which guarantees the rule of law in society.
“It is an obligation for all States to undertake investigations and prosecutions of all cases of gross violations of human rights and serious violations of international human rights and humanitarian law. Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges.”
She voiced concern that no one has to date been held accountable for crimes committed during the conflict, noting that criminal investigations have not progressed and that some perpetrators have even been promoted, with little attention paid to redressing the grievance of the victims.
“In particular, families of the disappeared have remained in the dark about the fate of their loved ones, and to this day, continue to suffer as they await the truth – and justice. They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the State.”
Ms. Kang said the UN Office of the High Commissioner for Human Rights (OHCHR) is pleased that the Nepalese legislature is considering two important bills aimed at advancing the protection and promotion of the human rights of one of the most marginalized groups in Nepali society – the Dalit community.
“I am speaking of the bill to properly criminalize untouchability practices and the bill to create a strong, independent, and adequately resourced National Dalit Commission to focus on the defence of the rights of the community.
“Passing these three laws – following the necessary amendments to ensure their consistency with international human rights standards and best practices – is of significant importance,” she added.
The Deputy High Commissioner said she was also encouraged by the decision by parliament to instruct the Government to proceed with the ratification of the Rome Statute, the legal instrument that created the International Criminal Court (ICC).
http://www.un.org/apps/news/story.asp?NewsID=38151&Cr=nepal&Cr1=
UN urges Nepal to punish war crimes, increase women's rights
Julia Zebley at 8:36 AM ET
[JURIST] UN Deputy High Commissioner for Human Rights Kyung-wha Kang [official profile] spoke Tuesday to the Constituent Assembly of Nepal (CA) [official website] about several human rights issues in the country, including a reluctance to prosecute war crimes and insufficient progress increasing women's rights [texts, PDF]. The Office of the High Commissioner for Human Rights (OHCHR) and Human Rights Watch (HRW) [JURIST reports] have both previously appealed to the government of Nepal [BBC backgrounder] to investigate human rights violations allegedly committed during its civil war. Among Kang's recommendations were to establish a Disappearances Commission and a Truth and Reconciliation Commission to investigate allegations of disappearance, torture and other crimes:
Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges. Transitional justice, and criminal justice, should work in a complementary fashion. In this regard, there are a number of cases currently pending in Nepal, for which police investigations, and judicial proceedings, should continue regardless of the fact the establishment of transitional justice mechanisms remains a priority. It is deeply troubling that to date in Nepal no-one has been held accountable for crimes committed during the conflict. Criminal investigations have not moved forward, some perpetrators have even been promoted, and little action has been taken to address and redress the grievance of the victims.
Although Kang was pleased that Nepal is considering criminalizing untouchability practices, she decried that "a number of current draft provisions do not protect basic rights, such as the right to equality. Here, I note particularly gender-based discrimination ... and inadequate respect for the rights of non-citizens." Kang and others are reportedly considering extending [Himalayan Times] the OHCHR-Nepal [official website] presence in the country for two additional years.
The decade-long Maoist guerrilla insurgency that left more than 13,000 people dead ended [JURIST report] in late 2006 when the Nepalese government signed a peace agreement that established the CA. In November, the CA announced it will finish drafting a new constitution [JURIST report] within 18 months. Last May, the CA voted to abolish the monarchy [JURIST report], giving King Gyanendera 15 days to abandon his royal palace, which cleared the way for Maoists to serve in government. As part of the peace accord, the CA was elected [JURIST report] in April 2008, an organization dominated by members of the Communist Party of Nepal - Maoists (CPN-M) [party website].
http://jurist.org/paperchase/2011/04/un-urges-nepal-to-punish-war-crimes-increase-womens-rights.php?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+pitt%2FvLdl+%28JURIST+-+Paper+Chase+%5Bfull%5D%29
Tuesday, March 22, 2011
Cases of Grave Human Rights Violations to be Filed
Kapilbastu/March 18
A joint meeting of Human Rights activists and media persons has decided to file charges against the culprits of grave human rights violations committed during the armed conflict. The meeting decided to make those involved in such incidents from state, Maoists and retaliatory groups accountable and bring them to justice.
The meeting participated by representatives of INSEC Advocacy Forum, Nepal Bar Association, Network of Women Human Rights Defenders, and the Conflict Victim's Society for Justice and Federation of Nepali Journalist agreed on the decision on March 16. They have decided to file representative incidents of grave incidents of human rights violations.
The organizations expressed commitment to provide help from their sides until the cases were decided. According to the agreement, INSEC will help in information collection, the FNJ will raise the case while Advocacy Forum and Bar will help in filing the cases and offer legal support.
The meeting has made preparations to raise incidents of persons burnt alive by retaliatory groups, killings by state and Maoists, enforced disappearances, torture and persons permanently disabled as per the agreement of the victim's families.
The organizations took the step to help the victims get justice as formation of the Truth and Reconciliation Commission mentioned in the Comprehensive Peace Accord to investigate incidents of grave human rights violations has not materialized yet.
Nandaram Paudel
http://www.inseconline.org/index.php?type=news&id=7819&lang=en
Wednesday, January 26, 2011
APPELLATE COURTS ORDER POLICE TO SLOUGH OFF SLUMBER IN THREE CASES
26 January 2010. Recent decisions from Appellate Courts have directed the police authorities concerned to immediately carry out effective investigations into two cases of extrajudicial execution and one case of killing perpetrated by the security forces and the Maoists respectively during the conflict.
On 12 January 2011, the Appellate Court of Nepalgunj issued an order of mandamus to the concerned authorities to initiate a prompt investigation vis-à-vis the extrajudicial execution of Patan Din Lohar and sought written reply enclosing all necessary documents with the 15 days timeframe (See Case Summary below)
Similarly, the Appellate Court, Tulsipur, on 23 November, 2010, gave clear directives to the District Police Office Dang, and District Public Prosecutor Office, Dang, "to complete the duty set down as per the law by effectively and promptly investigating into the FIR" by revving up investigation" regarding the brutal murder of eleven farmers (Asharam Chaudhari, Krishna Prasad Chaudhari, Sita Lal Chaudhari, Prasad Chaudhari, Ram Bahadur Chaudhari alias Ramu, Rupa Lal Chaudhari, Khusiram Chaudhari, Jagaman Chaudhari, Rishiram Chaudhari alias Rishman, Jogi Chaudhari, Somlal Chaudhari alias Soranga Chaudhari), by the members of the then Royal Nepal Army (RNA). (See Case Summary below)
Similarly, the Appellate Court, Tulsipur, on 23 November, 2010, gave clear directives to the District Police Office Dang, and District Public Prosecutor Office, Dang, "to complete the duty set down as per the law by effectively and promptly investigating into the FIR" by revving up investigation" regarding the brutal murder of eleven farmers (Asharam Chaudhari, Krishna Prasad Chaudhari, Sita Lal Chaudhari, Prasad Chaudhari, Ram Bahadur Chaudhari alias Ramu, Rupa Lal Chaudhari, Khusiram Chaudhari, Jagaman Chaudhari, Rishiram Chaudhari alias Rishman, Jogi Chaudhari, Somlal Chaudhari alias Soranga Chaudhari), by the members of the then Royal Nepal Army (RNA). (See Case Summary below)
In yet another decision on 19 January, 2011, the Appellate Court, Tulsipur issued a final order directing the District Police Office Dang, and District Public Prosecutor Office, Dang, "to initiate the prompt and effective investigation into the FIR set down by the State Case Act 2049" vis-à-vis the murder of three youths by the Maoists. (See Case Summary Below)
Case Summaries
Patan Din LoharPatandin Lohar, a commoner and blacksmith by profession, aged 33, resident of Phattepur-1, Jhagadiya, Banke district, was gunned down at around 1 pm on 1 December, 2001, by, a team of Nepal Police while he was answering the call of nature nearby his home. He was accused of being a Maoist. A team of Nepal Police in combat dress and others in plain clothes numbering in 50-60 had entered the village of Patan Din Lohar and searched his house before they killed him. The security forces however failed to find anything at the house of Patandin. He was shot down twice, while he was defecating at a distance of 300m far from his house, by a team of police under the command of Police Inspector Dharma Raj Sunar, Area Police Office, Bhoj Bhagawanpur, Banke. The dead body then was loaded to the tractor as ordered by the Police Inspector Dharma Bahadur Sunar. Bechan Lal Murau, Triloki Bahun and Babbu Lal Bahun helped the police to carry and load the dead body into the trailer of the tractor.
Murder of 11 farmers by then Royal Nepal Army
Eleven farmers of Bargadi were murdered by the then Royal Nepal Army on 28 November, 2001 while they were working in the paddy sifting yard that belonged to landlord Krishna Sharma. The names of these victims are as follows: Asharam Chaudhari, Krishna Prasad Chaudhari, Sitlal Chaudhari, Prasadu Chaudhari, Ram Bahadur Chaudhari, Ruplal, Khushiram Chaudhari, Jagaman Chaudhari, Rishiram Chaudhari, Jogi Chaudhari, Somlal Chaudhari. They were accused of being the supporters of Maoists. 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 them to genuflect and then they opened fire at them all. The soldiers then drove away in the red pick-up van.
Smoke was surging up in the incident spot. The victims’ family members 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; he only managed to drink some of it and poured it on his stomach while trying to drink. People gathered there were in dilemma whether to take him to hospital or not. They feared that soldiers may take reprisal on them if they took him to hospital. Later they decided that he should be taken to hospital. The victims’ family members started keening for their loved ones. Somlal Chaudhari’s family members took his dead body home.
Meanwhile, around 5 in the evening, the soldiers arrived there in three trucks covering their faces with masks. People gathered there began fleeing the scene fearing the soldiers. Seeing Ruplal Chaudhary alive, soldiers shot him dead and carried the ten bodies to Ghorahi. People were frightened to keep Somlal’s body at home for soldiers might come searching for it and kill others. Then they took the body back to the place of the incident. Army men came there the following morning and took it away on a truck.
Soldiers kept the dead bodies at Mahendra Hospital in Ghorahi for five to six days. Then the male members of the victims' family went there to claim the dead bodies. They went there along with the then mayor and vice-mayor of Tribhuvannagar Municipality and the ward president of the village Mohanlal Chaudhari. In the receipt it was stated that the victims had been killed in combat. When they tried to protest, army men threatened them by saying, “Sign on the receipt. The higher authorities have ordered the same. If you don’t sign, we’ll throw the corpse elsewhere and we also will do the same to you.” To save their own skin and to perform the last rites of their loved ones, they signed on the receipt. The victims’ relatives loaded them in a truck and brought them to a stream nearby Peepaldanda in Bargadi where they interred them in a row.
False news was announced from Radio Nepal and Nepal Television that RNA personnel had killed terrorists in combat at Bargadi. Those terrorists had come to loot weapons. It was also announced that a socket bomb had been found from their possession. Victims’ relatives felt that insult had been added to their injury when their innocent loved ones were killed for no reason and on top of that they were tagged as terrorists.
Murder of 3 youths by Maoists
Three youths, namely Upendra GC, Gir Bahadur Thapa and Suvas Roka, from Dang were abducted by Maoist on February 21, 2002. While the family members were searching for them, they found out the pamphlets at Bahundanda forest signed by Maoist district level leader stating that they had been “wiped out.” Though the pamphlets were found, no bodies were recovered until 9 days had passed. The anguished, terrified family members came to know the brutal killings of their loved ones and their bodies being thrown in Bahundanda forest.
After confirming the existence of the corpses, the victim’s relatives informed the police about it. However, the police showed reluctance in going to the incident spot citing the adverse condition of the country at that time. They asked the victim’s relatives to retrieve the corpses from the forest. In this way, the bereaved families were compelled to go to the incident spot taking a tripper with them. After they reached there, they found the corpses lying there in a horrible condition. All victims had been severely tortured to death. The corpses were emitting foul odor and insects had infested them. The heads had been burnt. Kerosene had been poured on the heads and fire had been set on them. The bodies had been wounded at many places with sharp weapons. There were no weapons, other goods or even any marks of struggle which indicated that the victims had been murdered elsewhere and thrown there. Suvas Thapa’s forehead and chest had been shot at 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 out. Then, the corpses were taken to Mahendra Hospital for post-mortem. It was conducted in presence of the police who later handed the corpse over to the relatives.
Wednesday, January 19, 2011
SC stays prosecution of Maoist cadres
Added At: 2011-01-19 11:42 PM
Last Updated At: 2011-01-19 11:42 PM
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.
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.
Thursday, December 30, 2010
Maoist hackles up at criminal cases’ revival | UCPN-M urges govt to withdraw cases against leaders | Why shouldn’t warrant be nixed, SC asks govt
Maoist hackles up at criminal cases’ revival
POST REPORT
KATHMANDU, JAN 01 -
The UCPN (Maoist) has said the local administration nationwide has reopened case files against its leaders and cadres and is issuing arrest warrants against them for incidents occurring during the armed conflict. It is tallying field reports, appreheding the number of cases may be in hundreds.
The party claimed the warrants are being issued systematically against cadres and leaders, including lawmakers, at the directive of the Home Ministry. The party office has directed all state committees and district level cadres to submit reports of such arrest warrants and raise this issue at the all- party meeting, according to Maoist office Secretary and Politburo member Shakti Bahadur Basnet.
“This will be one of our main agenda in any package deal with other parties,” Basnet told the Post. “District officials say it is directives from above, but our efforts to reach officials at the Home Ministry remain futile,” he said.
The district administration office Okhaldhunga has issued warrants for the arrest of 56 Maoist cadres, including lawmakers Balkrishna Dhungel and Keshav Rai and more than 15 district level cadres. Dolpa DAO has booked Hari Bahadur Rokaya, Bheri-Karnali Maoist state committee member, for his alleged involvement in murder during the
insurgency. Arrest warrants have also been issued against Top Bahadur Budhathoki and Bir Bahadur Thukana of Dolpa district recently. The Maoists argue that as per the Comprehensive Peace Accord (CPA), court cases cannot be initiated against crimes committed for political reasons during the insurgency.
The CPA has envisaged a Truth and Recompilation Commission to look into crimes committed during the insurgency. Clause 5.2.7 of CPA states that both sides guarantee to withdraw accusations, claims, complaints and cases lodged against various individuals for political reasons during the insurgency. According to Maoist office secretary Basnet, the local administration is reviving old cases that had been withdrawn following the political agreement. The Maoists say that they are taken aback by this new development amid opposition by other parties to the continuation of UNMIN.
However, a top official at the Home Ministry said that they have issued no directive to arrest Maoist cadres, except in the case of Maoist lawmaker BalKrishna Dhungel. The Ministry ordered Okhaldhunga district police to arrest Dhungel after the National Human Rights Commission expressed concern over the issue, said the official.
The Supreme Court on Sept. 8 had slapped a life-term on Dhungel, who was elected from Okhaldhunga Constituency 2. The court convicted Dhungel of murdering Ujjwan Kumar Shrestha on June 24, 1998.
Posted on: 2011-01-02 08:56
http://www.ekantipur.com/the-kathmandu-post/2011/01/01/top-story/maoist-hackles-up-at-criminal-cases-revival/216717/
The UCPN (Maoist) has said the local administration nationwide has reopened case files against its leaders and cadres and is issuing arrest warrants against them for incidents occurring during the armed conflict. It is tallying field reports, appreheding the number of cases may be in hundreds.
The party claimed the warrants are being issued systematically against cadres and leaders, including lawmakers, at the directive of the Home Ministry. The party office has directed all state committees and district level cadres to submit reports of such arrest warrants and raise this issue at the all- party meeting, according to Maoist office Secretary and Politburo member Shakti Bahadur Basnet.
“This will be one of our main agenda in any package deal with other parties,” Basnet told the Post. “District officials say it is directives from above, but our efforts to reach officials at the Home Ministry remain futile,” he said.
The district administration office Okhaldhunga has issued warrants for the arrest of 56 Maoist cadres, including lawmakers Balkrishna Dhungel and Keshav Rai and more than 15 district level cadres. Dolpa DAO has booked Hari Bahadur Rokaya, Bheri-Karnali Maoist state committee member, for his alleged involvement in murder during the
insurgency. Arrest warrants have also been issued against Top Bahadur Budhathoki and Bir Bahadur Thukana of Dolpa district recently. The Maoists argue that as per the Comprehensive Peace Accord (CPA), court cases cannot be initiated against crimes committed for political reasons during the insurgency.
The CPA has envisaged a Truth and Recompilation Commission to look into crimes committed during the insurgency. Clause 5.2.7 of CPA states that both sides guarantee to withdraw accusations, claims, complaints and cases lodged against various individuals for political reasons during the insurgency. According to Maoist office secretary Basnet, the local administration is reviving old cases that had been withdrawn following the political agreement. The Maoists say that they are taken aback by this new development amid opposition by other parties to the continuation of UNMIN.
However, a top official at the Home Ministry said that they have issued no directive to arrest Maoist cadres, except in the case of Maoist lawmaker BalKrishna Dhungel. The Ministry ordered Okhaldhunga district police to arrest Dhungel after the National Human Rights Commission expressed concern over the issue, said the official.
The Supreme Court on Sept. 8 had slapped a life-term on Dhungel, who was elected from Okhaldhunga Constituency 2. The court convicted Dhungel of murdering Ujjwan Kumar Shrestha on June 24, 1998.
Posted on: 2011-01-02 08:56
http://www.ekantipur.com/the-kathmandu-post/2011/01/01/top-story/maoist-hackles-up-at-criminal-cases-revival/216717/
UCPN-M urges govt to withdraw cases against leaders
Added At: 2010-12-30 7:31 PM
Last Updated At: 2010-12-30 7:31 PM
RSS
Bureau Chief Gajurel accused the government of conspiring to push the country towards civil war by making the party leaders live a forced underground life against the peace agreement and the interim constitution.
KATHMANDU: The UCPN-Maoist has expressed grave concern over the government’s activities as of issuing warrants and detaining the Maoists’ responsible leaders and cadres in various districts in a manner resembling the period of the armed conflict. Reasoning this, the Maoist has urged the government to withdraw these cases filed against its party leaders and cadres.
Speaking at a press conference organised by the Eastern Bureau of the Party, Bureau Chief and Secretary of the Party, CP Gajurel condemned the government’s activities meted out against the party leaders in Okhaldhunga, Dolpa, Rukum, Salyan, Nawalparasi and other districts.
He also expressed disapproval to the Supreme Court verdict against Constituent Assembly member from Okhaldhunga, Bal Krishna Dhungel, saying the verdict was issued without recognising the judicial value of the comprehensive peace accord. Bureau Chief Gajurel accused the government of conspiring to push the country towards civil war by making the party leaders live a forced underground life against the peace agreement and the interim constitution.
A press release distributed in the programme has appealed to the state to repeal fictitious cases against Maoist leaders and cadres and fully adhere to the peace accord and the interim constitution. The release also warned of dire strait if the demands were ignored.
Also speaking on the occasion, advocate Mukti Pradhan said the serious incidents caused from both sides during the armed conflict could not be investigated and settled until the formation of high level truth and reconciliation commission.
Why shouldn’t warrant be nixed, SC asks govt
POST REPORT
KATHMANDU, DEC 29 -
The Supreme Court (SC) on Wednesday asked the government to explain why the court should not scrap the arrest warrant for 10 Maoist cadres of Okhaldhunga district.
The order issued by a single bench of SC headed by justice Sushila Karki asked the Home Ministry to furnish a written reply via the Office of the Attorney General and present at the court for discussion.
The direction was in response to a writ filed on Sunday by 10 Maoist cadres who are accused of killing Padam Bahadur Tamang during the conflict period in 2005.
The the plaintiffs have demanded that the apex court scrap the July 2 arrest warrant issued by Okhaldhunga District Court on the ground that they went against the Interim Constitution and the Comprehensive Peace Agreement (CPA), which have proposed for the formation of special provisions for transitional justice such as formation of Truth and Reconciliation Commission to deal with the cases that took place during the decade-long conflict.
Though Section 8 (4) of CPA and Article 33 of the constitution have proposed transitional justice mechanism, the government has not been able to establish it yet.
The Maoist cadres who moved the court are Mohan Kumar Khadka, Binda Kumari Magar, Jangabir Rai, Shankar Giri, Birbal Majhi, Bhakta Bahadur Tamang, Man Bahadur Sunuwar, Ang Dendi Sherpa, Tilak Bahadur Karki and Devi Karki. The 70-day arrest warrant against them is still in effect.
Posted on: 2010-12-30 09:08
The Supreme Court (SC) on Wednesday asked the government to explain why the court should not scrap the arrest warrant for 10 Maoist cadres of Okhaldhunga district.
The order issued by a single bench of SC headed by justice Sushila Karki asked the Home Ministry to furnish a written reply via the Office of the Attorney General and present at the court for discussion.
The direction was in response to a writ filed on Sunday by 10 Maoist cadres who are accused of killing Padam Bahadur Tamang during the conflict period in 2005.
The the plaintiffs have demanded that the apex court scrap the July 2 arrest warrant issued by Okhaldhunga District Court on the ground that they went against the Interim Constitution and the Comprehensive Peace Agreement (CPA), which have proposed for the formation of special provisions for transitional justice such as formation of Truth and Reconciliation Commission to deal with the cases that took place during the decade-long conflict.
Though Section 8 (4) of CPA and Article 33 of the constitution have proposed transitional justice mechanism, the government has not been able to establish it yet.
The Maoist cadres who moved the court are Mohan Kumar Khadka, Binda Kumari Magar, Jangabir Rai, Shankar Giri, Birbal Majhi, Bhakta Bahadur Tamang, Man Bahadur Sunuwar, Ang Dendi Sherpa, Tilak Bahadur Karki and Devi Karki. The 70-day arrest warrant against them is still in effect.
Posted on: 2010-12-30 09:08
Wednesday, December 29, 2010
Okhadhunga Maoist cadres move apex court
- Killings during insurgency
POST REPORT
KATHMANDU, DEC 28 -
Thirteen UCPN (Maoist) cadres from Okhaldhunga on Tuesday filed two separate writs at the Supreme Court demanding that the court scrap the arrest warrant against them. The warrants were issued in connection with two murders that took place during the insurgency. One Masta Tamang was murdered on Jan.10, 2005 while Guru Prasad Luintel was killed on Sept. 24, 2004. Maoists were charged with killing them.
On July 2, Okhaldhunga District Court had issued an arrest warrant against seven Maoist cadres-Kul Bahadur Khatri, Jagbir Rai, Mohan Kumar Khadka, Tanka Bahadur Khatri, Purna Bahadur Khadka, Binda Kumari Magar and Narayan Giri on a charge of murdering Masta Tamang on Jan. 10, 2005.
On the same date, the district court had issued an arrest warrant against six other Maoist cadres-Nandan Hari Dahal, Top Kumari Basnet (Khatri), Tilak Bahadur Khadka, Anita Ghimire, Baburam Gautam and Mohan Khadka-on a charge of murdering Guru Prasad Luintel, teacher of Gyan Prasad Secondary School, on Sept. 24, 2003.
The court had ordered police to produce the Maoist cadres accused in both cases before court within 70 days from the date of arrest warrant issuance. However, none of them has been arrested so far.
In both writs, petitioners have argued that the warrant issued for their arrest on murder charges is illegal as it is against the norms of the Interim Constitution and the Comprehensive Peace Agreement (CPA), which have proposed for special transitional provisions, such as Truth and Reconciliation Commission, to deal with cases that took place during the decade-long armed conflict.
They have argued that Section 8 (4) of the CPA and Article 33 of the Interim Constitution have clearly stated to constitute a high-level truth and reconciliation commission to investigate the violations of human rights and crimes against humanity committed during the course of the armed conflict and to create an environment for reconciliation in the society.
Posted on: 2010-12-29 08:04
http://www.ekantipur.com/the-kathmandu-post/2010/12/28/nation/okhadhunga-maoist-cadres-move-apex-court/216588/
Thirteen UCPN (Maoist) cadres from Okhaldhunga on Tuesday filed two separate writs at the Supreme Court demanding that the court scrap the arrest warrant against them. The warrants were issued in connection with two murders that took place during the insurgency. One Masta Tamang was murdered on Jan.10, 2005 while Guru Prasad Luintel was killed on Sept. 24, 2004. Maoists were charged with killing them.
On July 2, Okhaldhunga District Court had issued an arrest warrant against seven Maoist cadres-Kul Bahadur Khatri, Jagbir Rai, Mohan Kumar Khadka, Tanka Bahadur Khatri, Purna Bahadur Khadka, Binda Kumari Magar and Narayan Giri on a charge of murdering Masta Tamang on Jan. 10, 2005.
On the same date, the district court had issued an arrest warrant against six other Maoist cadres-Nandan Hari Dahal, Top Kumari Basnet (Khatri), Tilak Bahadur Khadka, Anita Ghimire, Baburam Gautam and Mohan Khadka-on a charge of murdering Guru Prasad Luintel, teacher of Gyan Prasad Secondary School, on Sept. 24, 2003.
The court had ordered police to produce the Maoist cadres accused in both cases before court within 70 days from the date of arrest warrant issuance. However, none of them has been arrested so far.
In both writs, petitioners have argued that the warrant issued for their arrest on murder charges is illegal as it is against the norms of the Interim Constitution and the Comprehensive Peace Agreement (CPA), which have proposed for special transitional provisions, such as Truth and Reconciliation Commission, to deal with cases that took place during the decade-long armed conflict.
They have argued that Section 8 (4) of the CPA and Article 33 of the Interim Constitution have clearly stated to constitute a high-level truth and reconciliation commission to investigate the violations of human rights and crimes against humanity committed during the course of the armed conflict and to create an environment for reconciliation in the society.
Posted on: 2010-12-29 08:04
http://www.ekantipur.com/the-kathmandu-post/2010/12/28/nation/okhadhunga-maoist-cadres-move-apex-court/216588/
Thursday, December 16, 2010
Nepal: Justice Denied for Crimes During Decade of Conflict
Lack of Accountability Affects Current Security Situation
- Kedar Chaulagain, father of 17-year-old Subhadra, showing the bed from which soldiers dragged her before killing her in February 2004.© Emma Burgess
- Inaction from the Nepal government enables people responsible for killings, torture, and disappearances to evade justice, sometimes in defiance of court orders. If past abusers aren't held to account, this sends a clear signal to current perpetrators that they too will be immune from prosecution.
(Kathmandu) - Nepal's government has failed to act on thousands of extrajudicial killings, torture, and enforced disappearances during the decade-long armed conflict with Maoists that ended in 2006, Human Rights Watch and Advocacy Forum said in a joint report released today. This lack of accountability is contributing to a breakdown of law and order in many parts of the country, Human Rights Watch and Advocacy Forum said.
The 41-page report, "Indifference to Duty: Impunity for Crimes Committed in Nepal," renews calls for the government to investigate and prosecute those responsible for crimes committed during the conflict, and documents three emblematic cases since the conflict ended to show how the same neglect of justice applies to new crimes. A lack of political will and consensus, prevailing political instability, and a lack of progress in the peace process have resulted in the government's failure to deliver on its promises in the 2006 peace agreement to prosecute these crimes, Human Rights Watch and Advocacy Forum said.
"Inaction from the Nepal government enables people responsible for killings, torture, and disappearances to evade justice, sometimes in defiance of court orders," said Elaine Pearson, deputy Asia director at Human Rights Watch. "If past abusers aren't held to account, this sends a clear signal to current perpetrators that they too will be immune from prosecution."
This report is a follow-up to two previous reports, "Waiting for Justice: Unpunished Crimes from Nepal's Armed Conflict," published in 2008, and "Still Waiting for Justice: No End to Impunity in Nepal," in 2009. It provides an update on 62 cases of killings, disappearances, and torture between 2002 and 2006 that had been documented by Human Rights Watch and Advocacy Forum. Most of the abuses were carried out by security forces, but a few cases involve Maoist rebels. The families of those killed and disappeared have filed detailed complaints with the police seeking criminal investigations, but so far the Nepali justice system has failed miserably to respond to those complaints, Human Rights Watch and Advocacy Forum said.
One year since the last update on these cases, not a single perpetrator has been brought to justice for grave human rights violations before a civilian court, Human Rights Watch and Advocacy Forum said. In 13 of 62 cases, the police still refuse to register the criminal complaints, sometimes in defiance of court orders. In cases where complaints have been registered, there is little sign of any serious attempts to investigate. Political parties put pressure on police not to investigate, police and prosecutors obstruct and delay justice, and institutions long opposed to accountability - most notably the Nepal Army - have dug in their heels and steadfastly refused to cooperate with police investigations.
What little progress has been made in those cases has been uneven and resulted from sustained pressure by local and international groups. In most cases, police have not yet even questioned suspects, instead pursuing "investigations" by sending letters requesting information to the Nepal Army or police. In several cases, the Supreme Court has ordered relevant authorities to investigate cases, but these orders have largely been ignored.
In some cases in which there has been political pressure or considerable public outcry, the authorities set up investigation committees to defuse the situation. The outcomes of these investigations are invariably flawed, and the authorities fail to act on any meaningful recommendations.
"Families of victims face obstructions at every turn in their fight for justice," said Mandira Sharma, executive director of Advocacy Forum. "The Nepal government's failure to respond means the promised benefits of peace continue to evade those who have suffered the most."
There has been some international pressure for justice for crimes committed during Nepal's conflict, but it has been limited. Australia and the US denied visas to a Maoist leader implicated in abuses. In one well-known case, the killing of 15-year-old Maina Sunuwar in army custody, Maj. Niranjan Basnet, who has been implicated in her murder, was sent home from peacekeeping duties in Chad at the request of the UN. Although police charged Major Basnet with her murder, they did not arrest him on his return. Instead, superficial military proceedings cleared him, ignoring evidence pending in a civilian court. Other persons against whom there is strong evidence of involvement in serious crimes continue to serve in the army; some have even been promoted.
Advocacy Forum has helped dozens of families file new cases since Waiting for Justice was released in October 2008. Of a further 30 criminal complaints involving 51 victims - most from the period of the conflict but several more recent ones as well - only 10 have been successfully registered. On December 10, 2009, Human Rights Day, families of victims and lawyers tried to file 28 complaints with police authorities in 12 districts. The police refused to register any of them, stating that they first had to consult with "higher authorities."
"Some countries have even denied visas to those accused of human rights violations, and the UN returned a major implicated in a killing, yet still the government fails to hold them accountable," Sharma said. "The government needs to restore faith in institutions like the police, who still refuse even to register criminal complaints, much less investigate them."
Given Nepal's ongoing failure to address past and ongoing abuses, the government should develop a comprehensive action plan, Human Rights Watch and Advocacy Forum said. The plan should include the immediate establishment of effective transitional justice mechanisms to deal with past crimes and a comprehensive reform of national laws and institutions to improve the government's response to crimes, both past and future.
In January 2011, Nepal will face the first review of its rights record as part of the Universal Periodic Review process at the Human Rights Council in Geneva. These discussions, as well as discussions in the UN Security Council in mid-January on the termination of the United Nations Mission in Nepal (UNMIN), should lay out steps to address impunity in Nepal, Human Rights Watch and Advocacy Forum said.
In the meantime, Nepal's major donors and neighboring countries should deny visas to persons against whom there is credible evidence of having committed serious crimes, Human Rights Watch and Advocacy Forum said. The UN Department of Peacekeeping Operations should also develop better vetting procedures to ensure that persons accused of grave human rights violations do not end up on peacekeeping missions.
"Nepal should seize the chance of the Universal Periodic Review to clean its record on impunity by executing a clear action plan," Pearson said. "With the UN's Nepal mission packing up soon, security will be at risk if the state continues to deny justice to victims of abuses."
http://www.hrw.org/en/news/2010/12/14/nepal-justice-denied-crimes-during-decade-conflict
Thousands of war crimes unpunished in Nepal: HRW
KATHMANDU — Nepal's failure to prosecute thousands of wartime killings and other atrocities is contributing to a breakdown of law and order in parts of the country, Human Rights Watch said.
In a new report, the New York-based rights group on Wednesday urged Nepal's government to fulfil a commitment made in the 2006 peace agreement to bring those responsible for killings, torture and forced disappearances to justice.
More than 16,000 people died in the 10-year conflict between Maoist rebels and the state, which ended in 2006, and thousands more are still missing.
But no perpetrator of wartime atrocities has yet been successfully prosecuted by a civilian court, and HRW said the lack of accountability was creating a culture of impunity for rights abuses in Nepal.
"Inaction from the Nepal government enables people responsible for killings, torture, and disappearances to evade justice, sometimes in defiance of court orders," said deputy Asia director Elaine Pearson.
"If past abusers aren't held to account, this sends a clear signal to current perpetrators that they too will be immune from prosecution."
The report, "Indifference to Duty: Impunity for Crimes Committed in Nepal", was compiled with Nepalese rights group Advocacy Forum and documents 62 cases of killings, disappearances, and torture carried out between 2002 and 2006.
Most were committed by state security forces, but some were blamed on the Maoist People's Liberation Army, and the report said both forces were using their power to impede investigations.
"Police officers fail to seek court sanctions in part because they know the Nepal army and Maoists will not cooperate with investigations," it said.
One such case involved army major Niranjan Basnet, who was implicated in the murder of a 15-year-old girl tortured to death in army custody during the conflict.
Last year Basnet was sent home from peacekeeping duties in Chad at the request of the United Nations, but he remains free despite a district court issuing a warrant for his arrest on a murder charge.
In 2007 the Supreme Court ruled that he could be tried in a civilian court, but the army still refuses to hand him over to police, saying he has been cleared of any wrongdoing by a military tribunal.
"The Nepal army is not formally challenging this supreme court decision, but it is undermining the rule of law by not cooperating with the Kavre district court," the report said.
"The case remains stalled, and both police and the public prosecutor?s office, in the absence of political support, appear powerless to force the Nepal army to cooperate."
Advocacy Forum, which helps victims of rights abuses and their families to seek justice, said a lack of political will and prevailing political instability were to blame.
"Families of victims face obstructions at every turn in their fight for justice," said executive director Mandira Sharma.
"The Nepal government?s failure to respond means the promised benefits of peace continue to evade those who have suffered the most."
Copyright © 2010 AFP. All rights reserved.
‘Impunity hobbling law, order situation’
POST REPORT
KATHMANDU, DEC 15 -
Rights groups have accused that the Nepal government’s failure to act on grave human rights violations during the armed conflict has contributed to a breakdown of law and order in the country.
“Nepal government has failed to act on thousands of extrajudicial killings, torture, and enforced disappearances during the decade-long armed conflict with Maoists that ended in 2006,” said Human Rights Watch, a New York-based rights group and a Nepali NGO, Advocacy Forum, in a new joint report released on Tuesday. “This lack of accountability is contributing to a breakdown of law and order in many parts of the country.”
The 41-page report, “Indifference to Duty: Impunity For Crimes Committed in Nepal” has also renewed calls for the government to investigate and prosecute those responsible for crimes committed during the conflict.
The report has identified lack of political will and consensus, political instability and a lack of progress in the peace process as major reasons for the government’s failure to make good its promises made in the 2006 peace agreement to prosecute these crimes.
“Inaction from the Nepal government enables people responsible for killings, torture, and disappearances to evade justice, sometimes in defiance of court orders,” said Elaine Pearson, deputy Asia director of Human Rights Watch. “If past abusers aren’t held to account, this sends a clear signal to current perpetrators that they, too, will be immune from prosecution.” The report provides an update on 62 cases of killings, disappearances, and torture between 2002 and 2006, most of them carried out by security forces. There are also a few cases involving the Maoists.
According to the report, one year since the last update on these cases, not a single perpetrator has been brought to justice for grave human rights violations in a civilian court.
“In 13 of the 62 cases, the police still refuse to register criminal complaints, sometimes in defiance of court orders”, the report said.
“In cases where complaints have been registered, there is little sign of serious attempts to investigate.”
The rights groups have blamed political parties and state security forces for the prevailing impunity.
“Political parties put pressure on police not to investigate, police and prosecutors obstruct and delay justice, and institutions long opposed to accountability—most notably the Nepal Army—have dug in their heels and steadfastly refused to cooperate with police investigations,” the report added.
The rights groups have jointly urged the government to develop a comprehensive action plan quickly to address the problem of impunity. Voicing urgency of such a plan, Mandira Sharma, executive director of AF said, “It is now time for political leaders to deliver; we already have piles of lip-service.”
Dismissing the accusations, the government said it is serious about providing justice to the victims. “The government is doing its best to deliver justice to the victims of the conflict,” said Sadhuram Sapkota, Joint Secretary at the Peace and Reconstruction Ministry. “However, key Bills like the Truth and Reconciliation Bill and a Bill related to forced disappearances are stuck in Parliament. In absence of these Bills, the government cannot move forward.”
“With the UN’s Nepal mission packing up soon, security will be at risk if the state continues to deny justice to victims of abuses,” Pearson said.
Posted on: 2010-12-16 08:52
Rights groups have accused that the Nepal government’s failure to act on grave human rights violations during the armed conflict has contributed to a breakdown of law and order in the country.
“Nepal government has failed to act on thousands of extrajudicial killings, torture, and enforced disappearances during the decade-long armed conflict with Maoists that ended in 2006,” said Human Rights Watch, a New York-based rights group and a Nepali NGO, Advocacy Forum, in a new joint report released on Tuesday. “This lack of accountability is contributing to a breakdown of law and order in many parts of the country.”
The 41-page report, “Indifference to Duty: Impunity For Crimes Committed in Nepal” has also renewed calls for the government to investigate and prosecute those responsible for crimes committed during the conflict.
The report has identified lack of political will and consensus, political instability and a lack of progress in the peace process as major reasons for the government’s failure to make good its promises made in the 2006 peace agreement to prosecute these crimes.
“Inaction from the Nepal government enables people responsible for killings, torture, and disappearances to evade justice, sometimes in defiance of court orders,” said Elaine Pearson, deputy Asia director of Human Rights Watch. “If past abusers aren’t held to account, this sends a clear signal to current perpetrators that they, too, will be immune from prosecution.” The report provides an update on 62 cases of killings, disappearances, and torture between 2002 and 2006, most of them carried out by security forces. There are also a few cases involving the Maoists.
According to the report, one year since the last update on these cases, not a single perpetrator has been brought to justice for grave human rights violations in a civilian court.
“In 13 of the 62 cases, the police still refuse to register criminal complaints, sometimes in defiance of court orders”, the report said.
“In cases where complaints have been registered, there is little sign of serious attempts to investigate.”
The rights groups have blamed political parties and state security forces for the prevailing impunity.
“Political parties put pressure on police not to investigate, police and prosecutors obstruct and delay justice, and institutions long opposed to accountability—most notably the Nepal Army—have dug in their heels and steadfastly refused to cooperate with police investigations,” the report added.
The rights groups have jointly urged the government to develop a comprehensive action plan quickly to address the problem of impunity. Voicing urgency of such a plan, Mandira Sharma, executive director of AF said, “It is now time for political leaders to deliver; we already have piles of lip-service.”
Dismissing the accusations, the government said it is serious about providing justice to the victims. “The government is doing its best to deliver justice to the victims of the conflict,” said Sadhuram Sapkota, Joint Secretary at the Peace and Reconstruction Ministry. “However, key Bills like the Truth and Reconciliation Bill and a Bill related to forced disappearances are stuck in Parliament. In absence of these Bills, the government cannot move forward.”
“With the UN’s Nepal mission packing up soon, security will be at risk if the state continues to deny justice to victims of abuses,” Pearson said.
Posted on: 2010-12-16 08:52
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