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Facts & Figures on Human Rights

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Facts & Figures on Human Rights Facts & Figures on Human Rights 1. Nepal is a signatory to many international obligations related to the protection of human rights. The Royal Nepalese Army (RNA), therefore, per say has legal and binding obligations to respect and uphold the human rights and International Humanitarian Laws. Equally the RNA being a part of the Nepalese society has moral obligations to abide by the human r rights as per the old Holy Scriptures like Veda and Mahabharata. The RNA HQ has a clear and unambiguous policy of strictly adhering to the norms and principles of human rights. The RNA is committed to deliver due justice if violation of such rights occur. It is however noteworthy that given the active propaganda of the Maoist the alleged soldiers also deserves a complete investigation and court of enquiry, which is one of their fundamental human rights. 2. Contrary to the propaganda by the Maoist the RNA has been taking active steps to uphold human rights. It has been investigating the allegations of human rights violations and punishing those found guilty of such crime in accordance to the military law. Cases of particular nature have also been forwarded to the civil court as well. So far in 40 cases of such violations 44 individuals have been jailed for their offenses ranging from 6 months to 7 years imprisonment, similarly 31 individuals have been discharged from the service. Similarly in many cases compensation have also been provided to the victims family. It is expected that due cooperation from various sectors of society and human rights groups will be received by the RNA to achieve the noble objective of protecting the fundamental rights of the Nepalese people. The detail of Human Rights allegations, findings and judicial actions taken by the RNA is as per Appendix 'A'. 3. The details of information including the whereabouts of the persons alleged to be disappeared provided to those organizations at various dates are as per appendix 'B','C','D,'E' 'F' and 'G'. 4. The details of clarification on Human Rights violations allegations mentions in Amnesty International report of 7th Jan, 2005 are as per Appendix "H". 5. Royal Nepalese Army has made various efforts to cooperation with various human rights organization for interaction & seminars and also participated in human rights training. The details of trainings, interaction and Seminars on Human Rights are shown in appendix 'I'. 2 Appendix "A" Human Rights Violations Cases and Judicial Actions taken by the RNA 1. Manpur Tapara Case (a) Incident A RNA soldier Gyan Bahadur Tharu killed Bhoj Bahadur Karki and Top Bahadur Karki (father and son) claiming them to be Maoist, in the area of Manpur Tapara, Bardiya district, on 11th Jan. 2003. (b) Findings Investigations found that the victims were innocent and the RNA soldier had acted on personal grudge. A General court-martial (GCM) sentenced the soldier for seven years imprisonment. Another person involved in the incident, a Non-Commissioned Officer, was demoted from his rank. Since, the GCM does not have the authority to prosecute personnel from the Armed Police Force (who were also involved in the incident); action has been initiated against the Armed Police Force Commander through proper channels. (c) Status No appeal has been filed or any further events has been reported. 2. Ramechhap Case (a) Incident On August 17th 2003, in Doramba of Ramechhap it was alleged that RNA has extra judicially executed 21 Maoist after their capture. (b) Findings Court Martial sentenced the officer for two years of imprisonment and discharged from army while JCO was demoted. A letter has been send to the concerning authority to take necessary action to the police officer as he too was involved on extra judiciary killing of the detain persons. (c) Status Convicted officer has been dismissed from the service and sentenced for 2 yrs while JCO has been demoted. 3 3. Chisapani, Diktel Case (a) Incident A news was published in some local newspaper's citing that the teachers of Chisapani High school Hari Prasad Bhatarai, Dekmani Koirala and Durga Prasad Koirala were apprehended and killed in the field on 7th Dec 2003, claiming them to be "Maoist" by security forces. An investigation team found that the incident reported was true and suggested that the culprits an officer, Warrant officer (Jamdar) Hasta Bahadur Kumal and Solider Tej Bahadur Royila should be trialed by a GCM. (b) Finding The General court martial found them guilty and sentenced them with 2 years imprisonment and discharged from the service. The officer has also been discharged from the service. (c) Status Convicted soldiers were sentenced to 2 years imprisonment and were discharged from the service and officer involved was also discharged from the service. 4. Kavrepalanchok Case (a) Incident On 14th Dec 2003 security forces were interrogating Maya Tamang a Maoist suspect in Mahendrajyoti V.D.C. of Kavrepalanchok District, while she tried to escape, the security forces opened fire in order to stop her from fleeing. She died of a bullet injury. (b) Finding The court martial found that though Maya Tamang was a known active Maoist guerilla the incident occurred because of the use of an excessive force & recommended that a Court Martial be convened. (c) Status L/Cpl Narayan dutta Bhatta was found guilty and was sentenced to 18 months imprisonment and was discharged from the service, similarly Warrant officer Bal Bahadur Goyela was given official warning, Corporal Ananda Lamichane was demoted & the officer involved was forfeited for 13 months of promotion. An official letter has been initiated to His Majesty's Government for compensation to the Victim's family. 4 5. Mudvara Case (a) Incident On 13th Oct 2003, upon taking action against armed Maoist who were carrying out unlawful indoctrination program in the premises of Shree Sharda High School, Mudvara, Doti district, 4 innocent school students were accidentally killed in the crossfire. An investigation team was formed to find the facts & circumstances leading the incident. (b) Finding The investigation team found out that the security forces had done their utmost in dealing with the Maoist. They firstly separated the students and teachers, and put them to a safe distance then they used minimum possible force against the armed Maoist group. Although they manage to save lives of many teacher and students, unfortunately 4 students were killed in the crossfire. The investigation team has suggested to provide compensation of Rs.2,00,000 to each victim's family. (c) Status An official letter has been sent to the Government for compensation to the Victim's family and the RNA is pursuing the government for the provision of speedy compensation. 6. Accident (Balaju, Kathmandu Case) (a) Incident On 16th Nov 2003, a taxi driven by RaJiv Shrestha suddenly collided with an army school bus near Balaju Dhungedhara, aboard soldier Dil Bahadur Bista, the security guard on the bus mistook the action as an intended Maoist attack on the school children hence opened fire in order to secure the school children's. A court Martial was convened to prosecute the incident. (b) Finding The court martial convicted the Soldier of using excessive force and sentenced 4 months imprisonment and was discharged from the service. The victim Rajiv Shrestha's family received Rs.2, 00,000 as compensation from the Home Ministry. (c) Status Convicted soldier was sentenced 4 months imprisonment & was discharged from the service and Victim's family was provided Rs. 2, 00,000 as compensation from the Government. 5 7. Shooting (Tokha Case) (a) Incident On 15th March 2002, Kanchha Kaji Dangol, was being escorted by a patrol and he tried to escape. The guards in the patrol opened fire in order to stop him. He died of a bullet injury. (b) Finding The court found that human rights were violated and the guilty were sentenced three months imprisonment. The commander of the escort patrol was discharged from the army. 8. Chitwan Case (a) Incident On 7th May 2002, one GTZ staff was questioned by the SF in suspicion of providing monitory support to Maoist. (b) Findings Investigation team found that the officer involved in the incident illtreated the GTZ staff and given serious warning. 9. Sanfe Bagar Case (a) Incident On 12th May 2002 while conducting military operations, some people were arrested at Sanfe Bagar. When asked to produce document of their identification, they refused to produce it. Additionally they could not provide any evidence about being staffs of the NGO. An allegation was made that they were manhandled and beaten by rifle butts while in military custody. (b) Findings RNA conducted an investigation on reported human rights violations against the workers of GTZ staff by the RNA soldiers. The investigation team did not find any evidence of human rights violations. 10. Accident (Kaule, Nuwakot Case) (a) Incidents. Security Forces killed five people during an operation in Kaule on the night of 28th Nov 2002. Because of reliable information of an impending Maoist attack on that day security force were in the state of high alert. While taking harbor, 6 the security forces saw some people approaching towards their harbor area with lighted torches. Security forces asked them to halt but instead, the people threw the torches and tried to flee. The security force opened fire on them as per the standard operating procedure. (b) Findings. An investigation team was formed to investigate about this incident. The investigation team found that the deceased personnel were innocent. As such the incident was a tragic accident. The RNA has recommended the Government for compensation to the victims' families. 11. Shooting Incident (Sunachari, Makawanpur Case) (a) Incident On 14th Dec 2003, in Sunachari of Makwanpur district while on a routine checking in a check post, army personnel opened fire killing a bus helper Bhim Bahadur Giri.
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