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Nepal Monthly Human Rights Briefing Paper (An Initiative of FORUM-ASIA, Asian Centre for Human Rights, INSEC and SAFHR)

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Nepal Monthly Human Rights Briefing Paper (An Initiative of FORUM-ASIA, Asian Centre for Human Rights, INSEC and SAFHR) Nepal Monthly Human Rights Briefing Paper (An initiative of FORUM-ASIA, Asian Centre for Human Rights, INSEC and SAFHR) Embargoed for: 11 January 2006 Withdrawal of the Maoists’ unilateral cease-fire: Where does Nepal go? Table of contents 1. OVERVIEW .........................................................................................................2 2. ATROCITIES BY SECURITY FORCES............................................................2 I. EXTRAJUDICIAL KILLINGS.....................................................................................2 II. TORTURE ............................................................................................................6 III. ARBITRARY ARREST AND DETENTION ..................................................................8 IV. RAPE / MOLESTATION ................................................................................... 12 3. ATROCITIES BY THE MAOISTS .................................................................. 12 I. KILLINGS .......................................................................................................... 12 II. TORTURE ........................................................................................................ 13 III. PADLOCKING OF HOUSES OF SECURITY PERSONNEL ....................................... 13 IV. ABDUCTION .................................................................................................... 14 V. EXTORTION AND LOOTING ................................................................................ 16 VI. DENIAL OF RIGHT TO EDUCATION.................................................................... 17 4. INDEPENDENCE OF JUDICIARY................................................................. 18 A. APPOINTMENT OF FORMER AG AS SC JUDGE ................................................... 18 B. CONTEMPT OF THE COURT THROUGH RE-ARRESTS ........................................... 18 5. MUZZLING OF THE PRESS FREEDOM....................................................... 19 A. ARREST/ SUMMON OF JOURNALISTS .................................................................. 20 B. “ONE-DOOR POLICY”: FREE MEDIA STILL THE STEP-CHILD OF GOVERNMENT 21 6. DENIAL OF FREEDOM OF PEACEFUL ASSEMBLY................................. 21 7. RESTRICTIONS ON NGO ACTIVISTS ......................................................... 22 8. PLIGHT OF THE PRISONERS........................................................................ 23 9. ACUTE FAMINE IN BAJURA ........................................................................ 24 10. DENIAL TO ACCESS TO JUSTICE ............................................................. 26 11. CONTACT US:........................................................................................................ 27 Withdrawal of the Maoists’ unilateral cease-fire: Where does Nepal go? 2 1. Overview for court orders and lack of response to the Maoists' unilateral ceasefire On 2 January 2006, Chairman of the continue, obstructing the people's desire Communist Party of Nepal (Maoist), for peace and human rights protection."3 Prachanda announced the end of the In a nutshell, the government has no four-month-old unilateral ceasefire credibility. declared by the Maoists. Prachanda further stated that their “actions will now The question is whether the Maoists’ be targeted against the royal government increased military actions will force only”.1 King Gyanendra refused to King Gyanendra to seek military reciprocate the cease-fire, thereby ruling assistance especially from China and out the possibility of the restoration of increase geo-political games in the democracy and resolution of the Maoists Himalayas. The question is whether the crisis. Maoists leaders have such gun power and disciplined cadres to ensure what The incidents of human rights violations, Prachanda calls to target “the royal which showed remarkable decrease government only”. These will be the during the cease-fire period from 2 single most important factor in the September 2005 to 2 January 2006, are renewed conflict that has already likely to increase. claimed over 12,000 lives. The government of Nepal took another 2. Atrocities by security forces illegal measure to try the cases under the Terrorist and Disruptive Activities i. Extrajudicial killings (Prevention) Ordinance. Under the amendments, all anti-terrorist cases will a. Nagarkot killings – a handiwork of be heard in-camera and defence lawyers RNA? will no longer be provided legal documents. The cardinal principle of On 14 December 2005 at around 11:25 jurisprudence – the presumption of pm, an off-duty RNA soldier Bashu Dev innocence and fair trial - has been Thapa allegedly opened indiscriminate murdered.2 firing at a crowd killing 12 persons including himself and injuring 19 other Chairman of the National Human Rights villagers during a religious festival at a Commission, Justice Nayan Bahadur temple premises at Chihan Danda in Khatri in his address on Human Rights Nagarkot in Bhaktapur district.4 Day stated "Sincere activity and Although the reasons for the killing have response from the government are been attributed to a minor scuffle, the necessary for the protection of human complicity of the RNA into the massacre rights. But the incidence of human rights cannot be ruled out. RNA’s probe panel violation has not decreased, disrespect headed by Brigadier General Netra 1. Maoists break ceasefire, Kantipur Online, 2 3 . Govt not sincere over HR: NHRC, The January 2006 Kathmandu Post, 11 December 2005 2 . TADO gets more stringent now on, The 4. Dozen killed, 19 injured in Nagarkot shootout, Kathmandu Post, 2 December 2005 Kantipur Online, 15 December 2005 ______________________________________________________________________________ An initiative of Asian Centre for Human Rights, Forum Asia, INSEC and SAFHR Withdrawal of the Maoists’ unilateral cease-fire: Where does Nepal go? 3 Bahadur Thapa submitted its report on are – how many guns were used in the 24 December 2005,5 but it is yet to make killings and how many people pulled the its findings public. NHRC is also triggers? investigating the incident. According to Bhaktapur Hospital The government appointed three- sources, where post-mortem of all the member high-level probe panel headed deceased including Bashu Dev Thapa by former Supreme Court judge Top was carried out, Thapa succumbed to a Bahadur Singh, which submitted its bullet that pierced his chest from report on 2 January 2006, has concluded between his ribs, at the center. It is that Thapa committed suicide by confirmed that Thapa was carrying an shooting himself after the carnage and SLR. The SLR, which is a modified that it did not find any evidence of model of the Belgian FN FAL rifle, is involvement of any other person except 1.1 meters in length. Accordingly to Thapa in the incident. The commission security expert Dr Indra Jit Rai, it is merely held weak management of arms physically impossible to shoot oneself at in the Nagarkot barracks as being the center of the chest using the SLR. responsible for the incident. According Some eyewitnesses reportedly claimed to the judicial commission, Thapa went to have seen Thapa fall on the ground 7 to the army barrack after the scuffle with while he was still shooting! the villagers and returned with a Self- Loading Rifle (SLR) belonging to Interestingly, RNA soldiers from the another soldier of the barrack. At the Nagarkot barrack reportedly cleaned up first place, Thapa was allowed to be the scene of massacre by early next inside the barrack without even being morning of the incident before the police asked to utter the “password” of the day, or civilian authorities could reach there which is a rule. He was also very easily for investigation, thereby eradicating allowed to leave the barrack with a gun many pieces of vital evidence. without fulfilling any formality, despite Eyewitnesses, including the relative of the fact that he was off-duty on that deceased Dipak Tamang, said that Thapa night.6 was still carrying his gun, lying down dead, early morning of 15 December However, details provided by 2005. It is not known whether the RNA eyewitnesses and villagers, and other personnel recovered the gun from Thapa circumstantial evidences such as the during their clean-up act. But on 16 post-mortem report of Bashu Dev Thapa December 2005, RNA personnel fished seem to contradict the RNA’s claim or out an SLR from a pool 60 meters below government appointed Judicial the spot where Thapa had died. Jagat Commission’s finding that Bashu Dev Bahadur Thing, a local, said that army Thapa alone killed the villagers or shot men arrived, went straight to the pool, himself dead. Some of the key questions put a bamboo pole inside it and took out a gun! 8 A fact-finding team of the 5. RNA panel submits report on Nagarkot incident, The Himalayan Times, 26 December 2005 7. The unresolved gun question, Kantipur Online, 6. Weak management of arms responsible for 18 December 2005 Nagarkot incident: Judicial Commission, Nepal 8. The unresolved gun question, Kantipur Online, News.com, 5 January 2006 18 December 2005 ______________________________________________________________________________ An initiative of Asian Centre for Human Rights, Forum Asia, INSEC and SAFHR Withdrawal of the Maoists’ unilateral cease-fire: Where does Nepal go? 4 Human Rights Organisation of Nepal The government appointed high-level (HURON) led by its general secretary committee has failed to establish the Baburam Giri has also claimed that complicity
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