Public Urgent Action March 2004 AI Index: ACT 60/006/2004

In Focus An insight into the stories behind UAs

NEPAL Amnesty International visit

Amnesty International conducted a research mission to Nepal from 23 January to 4 February 2004. The organization has visited the country several times since the start of the armed insurgency by the Communist Party of Nepal (CPN) (Maoist) in 1996.

Since the breakdown of the last round of peace talks in August 2003, arbitrary arrests, “disappearances”, extrajudicial executions, torture, and other serious AI delegate's meeting with members of human rights violations by the security the Royal Nepal Army (RNA) human forces and human rights abuses by the rights cell in © AI CPN (Maoist) have escalated. of the National Security Council; Deputy Superintendent of Police Nawa Raj Silwal, Places visited from the Human Rights Cell at Police Amnesty International delegates Headquarters, Ravi Raj , Additional conducted field research outside Inspector General of Police of the Armed Kathmandu and visited Nuwakot, Police Force and Major General Amar Dhanusha, Sarlahi and Kavre districts. Panta and other members of the Royal They looked into reports human rights Nepal Army (RNA) human rights cell; abuses by members of the CPN (Maoist) most of whom are the targets of UA and also visited prisons in Malangwa and appeals. They also met with members of Mahotari. They met with local human the National Human Rights Commission rights groups, and others including (NHRC) and Kul Ratna Bhurtel of the villagers, families of victims and Human Rights Promotion Centre. journalists. They met with Senior “Disappearances” Superintendent of Police Chuda Bahadur Shrestha at the Dhanusha regional police Human rights groups in Kathmandu have headquarters, but were unable to meet reported that they have recorded over with the Major in charge at the Biman 250 cases of “disappearance” since the army barracks in Dhanusha district. end of the cease-fire in August 2003. Urgent Action members have sent The delegates spent three days meeting appeals on behalf of a number of those with government authorities including involved. In Janakpur, Amnesty Prime Minister Surya Bahadur Thapa; International investigated reports of the Major General Kul Bahadur Khadka, Chief “disappearance” after arrest by the security forces personnel of seven students and one teacher: Sanjeev Kumar Karna, Durgesh Kumar Labh, extra-judicially executed. An Pramod Narayan Mandal, Sailendra investigation by the National Human Yadav, Jitendra Jha, Manoj Dutta, Ram Rights Commission (NHRC) found that Chandra Lal Karna and Indra Kant Jha the majority had died from gun shots to who all featured in UA 332/03 (ASA the head which were fired at close range. 31/077/2003, 14 November 2003). They also received a report of the “disappearance” of Sanjay Kumar Ray after he was arrested from his newspaper shop in Janakpur municipality on 23 August 2003. The whereabouts of all those named above remain unknown.

Recent reports of “disappearances” in Kathmandu include Dr Birendra Jhapali, a director of a private hospital, who was actively engaged in the second round of negotiations between the Maoists and AI Delegate meeting father of Maya government representatives. He was Tamang, aged 17 who was killed by arrested by security forces on 20 January security forces © AI 2003 and not released until 24 February Civilians targeted by both sides 2004.(UA 53/04, ASA 31/026/2004, 11 February 2004) The team did not get access to prisoners held in army custody. They did however Amnesty International interviewed visit Malangwa and Mahotari prisons, relatives of Krishna Khatri , where they found a total of 32 prisoners (known as Krishna KC), former vice- held in preventive detention under the president of the All Nepal National Public Security Act. The team spoke to Independent Students Union several detainees including two prisoners (Revolutionary), who was reportedly who had been arrested on suspicion of arrested on 13 September by security assisting the Maoists after they had been forces personnel and who remains forced to hand over their tractors. “disappeared”(UA 267/03, ASA 31/033/2003, 17 September 2003). They Civilians are often forced to give money, interviewed the relatives of Sarita Devi food, shelter and donations to the Sharma Poudel, a mother of two small Maoists. As a result, they have become children, who was reportedly arrested by increasingly subject to arbitrary arrest, security forces personnel from her rented harassment or threats by the security accommodation in Baluwatar, Kathmandu, forces because of their perceived support in mid-October 2003 and who remains for or cooperation with the Maoists. One “disappeared”. prisoner said he had been arrested because his son (who was shot dead in Extrajudicial executions front of him) was a suspected Maoist.

Following the resumption of hostilities in According to local security officials, August 2003, extrajudicial executions by Maoists are continuing their extortion the security forces reportedly increased. activities especially among the business According to one of the main human community. They are also continuing to rights organizations in Kathmandu, 1499 summarily execute members of political people have been killed by the state and parties, those they consider to be 556 by the Maoists since then. These informants, as well as those who refuse figures include 19 people attending a to comply with extortion demands. Maoists meeting in Doramba, Ramechhap district in August 2003, who were Amnesty International has also received arrested by army personnel and then numerous reports of the harassment of

2 lawyers, journalists and other army. District Security Committees, professionals, involving searches of their comprising the Chief District Officer houses, by the security forces. (CDO), the local army commander, the most senior police official in the area and Village Defence Force local intelligence officer are reported to Following an announcement by Prime be the body currently making decisions Minster Surya Bahadur Thapa, on 4 about who is to be arrested and who November 2003, that “Rural Volunteer should be released. Security Groups and Peace Committees” Several hundred active Maoists are also later referred to as Village Defence reported to be illegally detained at army Forces, (VDFs), would be established, barracks throughout the country for Amnesty International expressed grave interrogation and security purposes. concern that the creation of such groups According to a report in the Nepali Times could lead to an increase in incidents of on 10 October 2003, Brigadier General B human rights violations. Amnesty A K Sharma, the then Head of the RNA International asked the authorities for Human Rights cell tried to justify this clarification on the training and illegal detention by stating that “This is supervision of members of the VDFs as not war, it is terrorism. To combat it we well as measures to ensure that such must investigate people. Sometimes we groups operate within the law and with a cannot let a detainee go because if he framework that ensures accountability. disappears, our investigation is ruined. Amnesty International went to Now are such detentions illegal or legal? investigate reports that a VDF had been We try out best to receive the CDOs set up in Saduwa VDC in Sarlahi district. (Chief District Officer’s) authorization Local villagers who were interviewed said when detaining people in our barracks.” that they had not been issued with any Those released report that detainees are arms either officially or unofficially. held blindfolded, sometime in handcuffs, However, according to other sources, and subjected to beatings and other some villagers had been provided with forms of torture and ill-treatment in arms unofficially at least for a certain order to extract information. The period. It would appear that VDFs had majority are being held incommunicado been initiated in a few districts, but as a without access to lawyer, family result of international concern, this policy members, or medical treatment. Family has so far remained in a preparatory members are often too scared to report stage and has not been fully arrests and “disappearances” to the implemented. authorities. Civilians who are considered Given the weak institutional protection of to be related in some way to the Maoist human rights and especially the level of movement (e.g. they have a relative who impunity already prevailing in the is a member, or they have given food, country, Amnesty International continues shelter or support with money or to recommend that the government equipment) are arrested and detained should not proceed with the under preventive legislation and sent to establishment of VDFs. prison.

Arbitrary detention, torture and During January 2004, in the context of other cruel, inhuman or degrading demonstrations organized by the main treatment or punishment political parties and student groups – ostensibly to call for democratic reforms With regard to arrest and detention – hundreds of people were arrested, and procedures, the civil administration and in a number of cases, subjected to ill- judiciary is by and large being bypassed treatment at the hands of the police. or ignored due to the powerful role now While police authorities, whom Amnesty played by the unified command of the

3 International met during the visit, stated names of those detained to be made that the police have reacted to attacks publicly available. The organization was against them, the organization urged alarmed by the reports of them to conduct inquiries to establish “disappearances” carried out by whether excessive force had been used. individuals in plain clothes. Amnesty Amnesty International further stressed to International reminded the authorities the authorities that even short periods of that if internal remedies to obtain redress detention for exercising the freedom of and justice were exhausted, international expression and association was a justice mechanisms such as the violation of human rights. International Criminal Court would have to be considered. The delegates were Response from the government of encouraged by the authorities offer to Nepal improve communications with Amnesty In meetings with the authorities, International and will be carefully Amnesty International expressed assessing whether concrete steps are concerns about the increasing number of being taken by the authorities to stop the reports it has received showing a pattern human rights situation from spiralling out of gross violations committed by the of control. It will also monitor whether security forces particularly since the the authorities are implementing collapse of the cease-fire in August 2003. Amnesty International’s Of particular concern were the allegations recommendations. of “disappearances”, extrajudicial Conclusions executions and systematic torture. The Prime Minister expressed his The Amnesty International delegation commitment to the rule of law and told concluded that there is strong evidence the Amnesty International delegation to suggest that the security forces, under that his government would give high the unified command of the army, are priority to the strengthening of the operating a policy of killing all those National Human Rights Commission suspected of being active Maoists or (NHRC). Officials of the Royal Nepal supporters, even if they are unarmed, or Army (RNA) have denied security forces have surrendered or been taken into were involved in systematic human rights custody. Civilians are also subjected to violations and stated that any wrong abuses, including abductions and killings, doing or criminal behaviour was by the Maoists. They are often too scared investigated and punished according to to carry out funeral rites for victims of military law. In reply to an inquiry about human rights abuses for fear of further reports that there were hundreds of attack. These attacks on civilians not detainees held in army barracks, the RNA taking part in the conflict constitute told Amnesty International that there serious breaches of international were only very few detainees held in humanitarian law. military barracks who all have access to Amnesty International is concerned relatives. If relatives were refused access about the lack of proper civilian control of they should contact the RNA human the administration of justice and alarmed rights cell. at how the judicial process is failing to Amnesty International delegates pointed adequately address the current human out that it had received a number of rights crisis. The organization believes reports which suggested that a policy of that Urgent action is needed by the eliminating the armed opposition at the international community, civil society, very least by some security forces units government authorities and other actors was in operation. Detainees were also to avert a slide towards continued human being held incommunicado which rights abuses in the country. Military prompted the organization to call for the influence on large sections of the judicial

4 process in the country is tantamount to control of that process by the military. While in many cases of illegal detention and “disappearance” habeas corpus petitions have been lodged in the Supreme Court, in response to “show cause” notices issued by the court, the authorities deny arrest or fail to respond in substance. Lack of respect by the authorities for the due process of law has become a matter of grave concern.

The full version of this document Amnesty International's visit to Nepal: Official Statement, ASA 31/14/04, 4 February 2004.

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