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South Asia Human Rights Documentation Centre (SAHRDC)
has been receiving reports of human rights abuses by Nepalese Police and
Maoist cadres in the Rapti region of mid-western Nepal for a little over
six months. "The People's War" declared by the Samyukta Jana
Morcha (SJM) (United Peoples Front), a radical communist group, in
mid-western Nepal in November 1995 provided the Nepalese Police with ample
opportunity to violate basic norms of human rights and fundamental
freedoms. The situation deteriorated when the SJM cadres attacked two
police stations on 13 February 1996 to herald the second phase of the
"People's War". There have been reports of flagrant human rights
abuses including arbitrary arrests, detention, extrajudicial killings and
disappearances.
A Research Associate of SAHRDC visited Nepal, including
Rolpa district and Dang district in the Rapti region between 12-22 April
1996. The SAHRDC researcher collected first hand testimonies from the
victims, relatives and eyewitnesses.
The SAHRDC researcher also met with district level
leaders of the Communist Party of Nepal (United Marxist-Leninist) [(CPN (UML)],
Nepali Congress (NC) and Rashtriya Prajatantra Party (National Democratic
Party) (RPP). The Nepalese Government officials, the SAHRDC researcher met
with included Mr Govind Khanal, Chief District Officer (CDO) of Rolpa
district and Mr Ram Bahadur Khadka, Chief District Officer of Dang
district.
The SAHRDC researcher also met with Mr Ram Bahadur
Thapa, Deputy Inspector General of Police (DIG) in charge of mid-western
Nepal. Among the police in Rolpa district, the SAHRDC researcher met with
Mr Krishna Bahadur Thapa, Superintendent of Police, in charge of
operations and Mr Jit Bahadur Pun Magar, Deputy Superintendent of Police.
On 19 April 1996, the SAHRDC researcher was denied
access to Mr Jaggu Prasad Subedi, an elected public representative and
President of Rolpa District Development Committee. Mr Subedi has been held
in incommunicado detention in Dang district's Tulsipur Jail since 24
February 1996. At the time of writing this report he was in detention. Mr
Subedi was allegedly implicated in a false case, (see case history on page
17) and brutally tortured as a result of which he is partially paralysed.
He has also been denied adequate medical treatment.
SAHRDC is appalled at the excessive use of force by the
Nepalese Police to suppress supporters of the SJM. On 21 April 1996, in
separate meetings with Mr Kumar Prasad Gayawali, the Acting Foreign
Secretary of Nepal and Mr Dinesh Bhattarai, Head of South Asia Desk in
Nepal's Ministry of Foreign Affairs, SAHRDC expressed concern about the
denial of adequate medical treatment to Mr Subedi. SAHRDC urged that Mr
Subedi be brought to Nepal's capital city, Kathmandu for treatment at
Tribhuvan University Teaching Hospital like many of the victims of Maoist
violence.
The same concern was expressed to Mr Ganesh Bhattarai,
Joint Secretary (Police, Prison and Administration) and Mr Shreeman
Shresta, Joint Secretary (Legal Division) in Nepal's Ministry of Home
Affairs on 21 April 1996 and 22 April 1996 respectively.
By publishing this report, SAHRDC seeks to highlight
the pattern of gross human rights abuses in Nepal. It is hoped that the
Nepalese Government will address itself to the issues mentioned. SAHRDC
also trusts that the international public opinion exercises the necessary
oversight for the Nepalese Government to effect the necessary legislative,
institutional changes to see that such violations do not recur. The
Nepalese Government must also be encouraged and assisted to make the
appropriate budgetary allocations to effectively implement adequate and
sustainable remedial measures.
In 13 February 1996, the Samyukta Jana Morcha
(SJM) and the Communist Party of Nepal (Maoist) (CPN (M) declared the
second phase of the "People's War" with the aim of,
"overthrowing reactionary state power and establishing a new people's
state". On that day, the cadres of CPN (M) and SJM started a violent
campaign by attacking Aathbiscot Police Station in Rukum district and
Halori Police Station in Rolpa district. The Maoists looted some 10
kilograms of gelatine, ignition caps and fuse wires. According to the
Deputy Inspector General of Police (DIG) in charge of mid-western Nepal,
Mr Ram Bahadur Thapa,"The Maoists were not able to snatch any arms.
Police fired 10 rounds of bullets but there were no casualties."
Queried about the recovery of arms in the current
police operation, DIG Mr R B Thapa stated that police had recovered
country-made guns, cartridges, kukris (a Nepalese dagger), axes,
hammers, cycle chains, some gelatine and fuse wires.
However, DIG Mr R B Thapa was quick to add that
gelatine was also used by the Nepalese for fishing. Around 10-15 people
have been arrested for carrying gelatine into Nepal from India as a
measure to discourage possible insurgent activities. "They may or may
not be involved with the Marxists but they have been charge-sheeted under
the Explosives Act," says DIG Mr R B Thapa.
According to police, gelatine is the only explosive so
far used by the Maoists. Since gelatine is frequently brought by Nepalese
subjects from India for fishing, its utilization does not indicate a very
sophisticated operation by the Maoists.
The first phase of the "People's War" was
started by the Maoists in October-November 1995, in Rolpa district. Little
information is available on the nature of this first phase. What is known
is that there was a consistent pattern of conflict between the SJM
activists and the activists of Nepali Congress (NC).
The first major incident reportedly took place on 8
October 1995 when the SJM branch of Gaam Village Development Committee (VDC)
in Rolpa district had organized a cultural program to celebrate the
festival of Punya Ram(1). When
activists from the NC and the Rashtriya Prajathantra Party (RPP) objected
to the SJM organizing the cultural program, a clash broke out. Twenty-six
supporters of the NC and RPP were reportedly injured. Out of the injured,
5 individuals were admitted to Libang hospital, 8 to Dang hospital, 6 to
Nepalganj hospital and 7 were sent to Kathmandu by helicopter for
treatment.
In the conflict, the police arrested 24 people from
Gaam VDC and two people from Dang district. Seven people were charged
under the Public Offences Act of 1970 and 13 people for attempt to murder.
The rest were released after preliminary investigations.(2)
Although the Maoists started the "People's
War" in October-November 1995, Deputy Superintendent of Police in
Rolpa district, Mr Jit Bahadur Pun Magar claims the war had been started
earlier by Maoists with the "Sisne-Jaljala"(3)
movement in May 1995. This movement aimed to unite the people of Rolpa and
Rukum districts to seek greater development allocations from Kathmandu.
The movement was described by police as a combination of social welfare or
rural development initiatives and political organizing.
The NC-RPP Coalition Government of Nepal responded
violently to the first phase of the "People's War" by launching
a massive police operation incongruously named, "Operation Romeo".
A large number of peasants including women and children were alleged to
have been falsely implicated, arrested and tortured at the instigation of
the NC activists. Most of the victims, who were SJM members, were arrested
under the Public Offences Act. The Home Minister of Nepal, Mr Khum Bahadur
Khadka stated in the Nepalese Parliament on 11 December 1995 that 165
people had been arrested, 92 had been released and four were still in
police custody.(4)
In another incident of conflict at a marriage party at
Uba Village Development Committee (VDC) in Rolpa district on 31 October
1996 - 118 people had been arrested according to CDO Mr Govind Khanal.(5)
During "Operation Romeo", the police
personnel were alleged to have raped many women. The Informal Sector
Service Center (INSEC), a Kathmandu-based NGO, reports that many of the
girls have since become pregnant. This has, in turn, caused social
tensions in the community. However, the personal trauma of rape as well as
the social stigma attached to it in a conservative Hindu society, made it
difficult to report incidents of rape to the police.
In the second phase of the "People's War",
the Nepalese Government reacted by using disproportionate force to
suppress the SJM supporters and activists. Arbitrary arrests, illegal
detention, torture and extrajudicial executions have been taking place
without any process of accountability.
Preceding the declaration of the second phase of the
so-called "Peoples War" and the attacks on the police stations,
hundreds of people were arrested by the Nepalese police in Rolpa and Rukum
districts. The police virtually arrested anybody on mere suspicion.
The declaration of the "People's War" left
many SJM political supporters in an extremely vulnerable position. In the
General Elections held in May 1991, the SJM, which was then, an
over-ground and legal political party, emerged as the third largest party
in the Nepalese Parliament after securing nine parliamentary seats. It is
clear from these elections that the SJM enjoyed wide popular support.
The SJM denounced the existing parliamentary system,
boycotted the 1994 mid-term elections and expelled those SJM members who
took part in the elections from their ranks. The other parties could
easily identify the SJM leaders and supporters who were active at the VDC
and District Committee level from the General Elections in 1991. Thousands
who only subscribed to the over-ground politics of the SJM became victims
of an unaccountable Government overreacting to a few adventurist SJM
leaders. The SJM activists and supporters became vulnerable to the
repressive policies of the police and the political vengeance of the RPP
and the NC.
DIG Mr R B Thapa admitted that, "there is a trend
to take political or personal revenge by falsely implicating individuals
in Maoist cases. Extortion from SJM supporters and other ordinary people
by threatening to name them as Maoists to the police has been
occurring." DIG Mr R B Thapa asserts that strict instructions have
been given not to entertain false cases and malign the image of the police
by such extortion.
However, SAHRDC is apprehensive about the
implementation of the so-called strict instructions. With most police
posts lacking in even basic communication facilities and with virtually no
road links, the Nepalese Police have been acting as a law unto themselves
for decades. The probability of complaints being made against the police
is low due to the climate of fear and the complexity of complaints
procedures. Instructions would have little meaning to police personnel in
the field.
The Maoists have also been responsible for violation of
International Humanitarian Law. Since the beginning of the second phase of
the "People's War", the Maoists have also been guilty of
extrajudicial killings, torture and the intimidation of innocent people.
Donning black masks, red headbands and chanting Maoist slogans, the
Maoists carried out attacks on their perceived "class enemies"
and "reactionary forces".(6)
There is an all-pervading fear across the Rapti region
especially in Rolpa and Rukum districts. Hundreds of people have fled from
their villages. In some villages, it is reported that only the women and
children have been left behind. Those who are afraid of the police
atrocities have taken shelter in nearby jungles and are on the police
hitlist as suspected Maoists. Others afraid of the Maoists have been
fleeing towards the city. Consequently, there is an absence of men to help
with agricultural work in the villages.
In the Rapti region, the harvest season takes place
during the summer. The villagers grow maize and millet, which are the two
principal agricultural products of the region. As maize and millet are
grown on terraced fields in inhospitable terrain, it is usually the men
who do the harvesting. Since the men have fled the villages to escape
police harassment, the harvest will be small this summer, due to the lack
of workers. SAHRDC is concerned that in the not too distant future, there
will be a serious food shortage in the Rolpa and Rapti region.
Villagers are prohibited from carrying packed lunches
to work. People caught doing this have been arrested and tortured by the
police for allegedly carrying it for the Maoists. On 14 March 1996,
12-year-old Keshav Rana was carrying some food and cauliflower. He was
caught by policemen in Wadaleka in Jhajharkot district, who seized the
food and cauliflower. Keshav Rana was beaten while being asked, "Why
are you carrying food to Jan Morcha people?" In the rugged
mountainous slopes where it is normal to trek three to six hours before
reaching anywhere, carrying packed lunches is a common practice for
farmers.
Almost the entire Rapti region of mid-western Nepal has
been affected by the second phase of the SJM's "People's War".
The Maoist cadres have been active along the Bheri River region, the
northern side of Jajarkot district, throughout Rolpa district, the Rukum
district areas bordering Pyuthan district and the eastern parts of Salyan
district. They have also been active in Gorkha, Sindhulpalchowk and
Sindhuli district.
A pertinent question which arises is why did the Maoist
uprising begin in Rapti region, especially in Rolpa and Rukum districts
considering the fact that there are many other areas equally poor and
under-developed. The SAHRDC researcher met a cross section of people,
ranging from government officials and political leaders to human rights
activists and academics in order to understand the Maoist uprising. Many
of them requested anonymity due to the sensitive nature of the crisis.
The Samyukta Jana Morcha and Role of Media
"Today, the Nepali society faces a fearsome
crisis. For more than 50 years, the oppresive regime has been talking
about development and construction, but it has made Nepal the world's
poorest nation after Ethiopia. It has failed to take even the slightest
step toward building a self-reliant national economy. It has placed the
entire economy of the nation in the hands of one dozen families of foreign
agents and comprador capitalists. These bandits have become billionaires,
whereas the working classes are caught in a vicious circle of shortage and
poverty."(7)
Taking a leaf from Mao Tse-Tung's essay "On the
Doctrine of New Democracy" (Xin-min-zhu-zhu-yi lun) which
was written in the 1940s, the Communist Party of Nepal [(United
Marxist-Leninist) (CPN (UML)], CPN (M) and ultra-leftist parties
articulated the need to establish what they called a naulo janbad
or "New People's Democracy" during the democracy movement
against the autocratic rule of the King. They asserted that in a
"semi-feudal and semi-colonial" country like Nepal, the
proletariat had to ally itself with the peasantry, the petit bourgeoisie
and the "nationalist capitalists" viz, entrepreneurs seeking to
set up productive enterprises within Nepal. At the same time, the
"comprador capitalists", alias, the agents of foreign capital
had to be eliminated.
However, after the restoration of democracy, the CPN (UML)
and the CPN (M) debated the compatibility of naulo janbad with
multi-party democracy. In October 1991, the CPN (UML) abandoned its aim of
establishing naulo janbad in favour of bahudaliya janbad
or multi-party democracy.
It is difficult to obtain precise information about the
SJM. The SJM was formed by the avowedly Maoist parties just before the
deadline for registration with the Election Commission in January 1991 for
the General Elections in May 1991. The main parties which formed the
nucleus of the SJM were CPN (Unity Centre) consisting of CPN (Mashal) and
the CPN (4th Convention) and the CPN (Marxist-Leninist-Maoist).
On the left, the SJM was the main rival to the CPN (UML)
in the General Elections of May 1991. The SJM dismissed the CPN (UML) as
"revisionist" and stated that, "Naulo janbad is
achievable only through non-constitutional means and that it was
participating in the General Elections of May 1991 in order to gain a
political platform to expose the inadequacy of the parliamentary
system."(8) Consequently, the SJM did
not participate in the mid-term General Elections in 1994 stating that the
parliamentary system could not serve its purpose.
The present "People's War" is being led by
SJM and CPN (M) who are members of the Revolutionary International
Movement. This is the second armed uprising by the Communists in Nepal's
history. The first armed uprising was by the Naxalites(9),
led by the Jhapa District Committee of the Communist Party of Nepal
(Marxist-Leninist) in Jhapa district in the 1970s. The Jhapa uprising did
not receive any attention until Mr Dharma Prasad Dhakal, a close relative
of the then Prime Minister Nagendra Prasad Rizal was killed by the
Naxalites. The Government crushed the movement and many leaders including
Mohan Chandra Adhikari, a CPN (UML) leader, were imprisoned until 1994.
Nonetheless, from SJM's manifesto, the violent Maoist
uprising was not a surprise. From the outset, the SJM made it clear that
it did not believe in a parliamentary system and that naulo janbad
could only be established through armed revolution.
The reaction of the Government of Nepal, Nepalese
political parties and common citizenry to the present Maoist uprising,
especially in Rolpa and Rukum districts, has been one of surprise and
panic, to say the least.
To some extent, the Nepalese press and electronic media
have been responsible for such panic. Based on the press briefings and
handouts of senior police officials and CDOs in Nepalganj, the national
dailies and The Nepal TV, the Government controlled electronic
media, have created an atmosphere of sensationalism and fear. The press
has generated numerous reports of "encounter killings"(10).
Even the cold-blooded massacre of six innocent people at Pipal Village
Development Committee of Rukum district on 27 February 1996 was attributed
to "encounter killings". However, DIG Mr R B Thapa informed the
SAHRDC researcher on 18 April 1996 that, "a major police encounter
with the activists could take place anytime" and no encounter with
the exception of attacks on a police station on 13 February 1996 had taken
place. Yet, all the extrajudicial killings reported by the Nepalese press
have been attributed to "encounter killings" in self-defence,
presupposing an armed clash before executions.
Upon first arriving in Katmandu, when the SAHRDC
researcher talked to people about the possibility of visiting Rolpa and
enquired at the travel agents about hiring a jeep, he was met by many
raised eyebrows. Their reaction was one of utter shock, disbelief and
fear. With the exception of a few human rights activists, Rolpa and Rukum
continue to remain out of reach from the Kathmandu valley and Nepal's
prosperous Terai region.
Rolpa and Rukum districts are considered very remote
even by Nepal's standards and do not figure on Nepal's tourist maps. It
takes 26 hours by bus to reach Libang, which is Rolpa's administrative
headquarters, if one is lucky enough to get a connecting bus at Balubang,
otherwise the journey takes much longer. At certain times of the year, the
roads cannot be used. The new seasonal road to Libang, which was built a
few years ago, becomes impassable during the rainy season. The rest of the
district is not connected to roads meant for vehicular traffic. People
trek for days to reach remote places. This abject neglect and isolation of
the region and the lack of reliable information provide the background for
the state of panic and disinformation in the Kathmandu valley. This in
turn creates a climate whereby state repression appears justified and
whereby the Government can publicly justify "disproportionate use of
force" if not State Terrorism.
Political violence has been taking place in the Rapti
region for quite some time. Although there has not been an initiative to
arrest the situation, it is clear that political parties and the
authorities in Kathmandu were aware of an impending political crisis or
even a violent armed struggle by the SJM. By feigning ignorance of the
uprising, the authorities are simply attempting to sweep the problem under
the carpet. It is apparent from the restricted release of the "Dang,
Rolpa Gathna Chhanbin Samiti" (Dang Rolpa Incidents
Investigation Committee) report - headed by Mr Veerendra Keshari Pokhrel -
that the Government of Nepal was quite successful in keeping the entire
nation in the dark about the impending Maoist uprising.
Early Warnings
In January 1995, the United Marxist Leninist (UML)
Government of Mr Man Mohan Adhikari commissioned the "Dang, Rolpa
Gathna Chhanbin Samiti" (Dang Rolpa Incidents Investigation
Committee) to investigate the violent incidents and other issues related
to the unrest in the Dang and Rolpa districts. Headed by a well-known
Nepalese human rights activist, Mr Veerendra Keshari Pokhrel, the
Committee's other members were Mr Guman Singh Aryal of CPN (UML), Mr Sher
Bahadur Khatri Chetri of the NC and two other senior civil servants who
sought anonymity because of the critical nature of the report.
The UML Government selectively released only four
copies of the "Dang, Rolpa Gathna Chhanbin Samiti"
report. The copies were given to the Parliament Secretariat, the National
Archives, the Tribhuvan University Library and the Keshar Library.
Keeping the problems of economic under-development
aside, the Committee found that people had been falsely implicated in
cases, and that the punishments had been harsh and extreme in some cases.
The report also found that in certain cases, people had been forced to
implicate other people.
According to Committee's Chairman, Mr Pokhrel,
"the police were so much after people that the men used to flee from
the villages spending cold nights in the frost. Only the children and
women were left behind." Mr Pokhrel went on to add that in one
incident, the police had gone to investigate a murder case at a mela
(festival) in Rolpa district. The police suddenly started unprovoked and
indiscriminate firing. Two people were killed and many injured. Although
the incident was brought to the attention of the Government by the
Committee, the Government has yet to take any remedial action.
The Committee recommended that the Government of Nepal
deal sternly with drunken police personnel and take stringent action
against police excesses. The Committee further recommended the withdrawal
of all cases registered under the Public Offences Act of 1970. However,
the then UML Government did not take any action and the report continues
to gather dust.
The UML Government had not released the "Dang,
Rolpa Gathna Chhanbin Samiti" report widely and maintained a
studied silence, while in office. At an unofficial level, the UML
leadership then stated that the release of the report may seriously strain
its relationship with the NC because of the involvement of local NC
leaders in some incidents. The UML was of the opinion that by not
releasing the report, the NC would at least not be antagonized and the UML
would be able to govern smoothly. After the return of the NC-led Coalition
Government, the report has virtually been mothballed.
All Party Parliamentary Committee
In the wake of widespread reports of human rights
abuses after the Maoists began the first phase of the "People's
War" in November 1995, the Home Minister, Mr Khadka informed the
House of Representatives on 11 December 1995 that an All Party
Parliamentary Team was to be sent to Rolpa to inquire into the incidents
of violence.
An All Party Parliamentary Committee consisting of
Members of Parliament, Mr Shankar Pokhrel, Mr Nava Raj Subedi, Mr Asha
Kaji Basukala, Mr Dal Bahadur Rana and Mr Mahesh Chowdhury, submitted a
signed report to the House of Representatives and National Council after
their visit to Rolpa. Members of Parliament, Mr Anand Prasad Dhungana, Mr
Bishnu Bikram Thana and Mr Anis Ansari who were part of the All Party
Parliamentary Committee did not visit Rolpa.
The NC and UML Members of Parliament held differing
views. Mr Shankar Pokhrel of the UML stated that "Operation Romeo"
was unjustified. He further stated that incidents in Rolpa and the
subsequent actions had arisen due to political conflict between the NC and
SJM rather than due to any criminal activity. On the other hand, the NC
alleged that "Operation Romeo" was justified as people
in Rolpa were terrorized by the SJM.
The UML and NC however both criticized the repressive
policies adopted by the CDO of Rolpa, Mr Abdul Rayis Khan in 1992,
claiming these policies were the root of the present crisis. (11)
Political Harassment of the Samyukta Jana Morcha
Activists
The Rapti zone consisting of Rolpa, Rukum, Dang,
Pyuthan and Salyan districts, has been a traditional bastion of left
extremists. It is the hometown of the prominent underground leftist
leader, Mr Mohan Bikram Singh.
"The Samyukta Jana Morcha was influential
in Rolpa even before the introduction of the multi-party system. After the
return to democracy, their support expanded," says Mr Man Bahadur
Batah Magar, an UML leader and member of the Rolpa District Development
Committee.
In the General Elections of May 1991, the Rapti zone
had 11 parliamentary constituencies. Out of these 11 parliamentary seats,
the Nepali Congress won seven, the SJM won three (Rolpa two, Rukum one)
and the UML won one (Dang).
The Rapti zone is also the home of the present Home
Minister, Mr Khum Bahadur Khadka of the NC. It was apparent from the
General Elections in 1991 that the SJM was posing a greater threat to the
NC than the CPN (UML). As both the NC and SJM attempted to consolidate
their position in the region, violent confrontation between the NC and the
SJM began in earnest. Since the NC had access to State machinery, a
violent reaction was perhaps inevitable. Many instances of personal
animosities which remained suppressed during 30 years of the Panchayat
system were also translated into political conflict after the return of
multi-party democracy.
Hundreds of SJM activists and supporters were targeted
and harassed by the NC and RPP activists in collusion with the Nepalese
Police. For instance, Mr Jai Bahadur Budha, a SJM activist was implicated
in the murder case of one Mr Sukhi Budha during the 1992 local elections.
When the UML Government came to power, Mr Jai Bahadur Budha was reportedly
acquitted in the light of the investigative report submitted by the police
which found the charges against him false. However, after the return of
NC-RPP Coalition Government, he was re-arrested and reportedly remains in
jail.
Mr Man Bahadur Batah Magar of the UML in Rolpa district
alleged that the administration did not handle the situation efficiently.
He maintained that police were partisan and acted according to the desires
of the NC. It is alleged that NC activists filed false cases against the
SJM activists. According to a Member of Parliament, Mr Shankar Pokhrel,
about 1000 people h ave been arrested in Rolpa district since 1992 under
the Public Offences Act. In one case, 75 were incriminated in one
chargesheet and arrested.(12)
In the mid-term poll of 1994, after delimitation of
constituencies, there were 12 parliamentary constituencies in Rapti
region. The SJM boycotted the election arguing that a parliamentary system
could not serve the people. The NC won nine parliamentary seats, the RPP
won one, Nepal Communist Party (Mashal) won one, and the UML won one.
After the collapse of the UML Government, the NC appears to have
accelerated its process of destroying the support base of the SJM.
The first phase of the "People's War" started
in November 1995. The Government alleged that the Maoists targeted the
perceived "bourgeoisie" and feudal lords. However, human rights
groups reported increasing conflict between the SJM supporters on the one
hand and the NC and RPP supporters on the other. Nonetheless, the
Government responded by launching the special security operation, "Operation
Romeo". The police allegedly arrested and harassed SJM activists
and supporters. According to Mr Sushil Pokhrel, Member of Parliament (UML),
"in a single incident as many as 75 people have been
incriminated."(13) Many women were
also allegedly raped.
An acquaintance, (name withheld) of SJM's main
spokesperson, Dr Baburam Bhattarai, affirms that, "Dr Bhattarai was
of the opinion that if they (Maoists) did not retaliate, the militancy
will suffer. Dr Bhattarai wanted to boost the morale of the people by
taking revenge." The death of Mr Bhup Narayan Garti Magar, the
younger brother of Minister for Housing and Physical Planning, Mr Balaram
Garti Magar, on 5 March 1995, was possibly a vendetta killing by the
Maoists.
Feudalism and Economic Backwardness
The Rapti region of mid-western Nepal is very poor. The
countryside is harsh and the mountain slopes are extremely rugged. It is
one of the most under-developed regions of Nepal, which hardly gets the
attention of Kathmandu's ruling elite.
DIG Mr R B Thapa opines that the Magar community of the
Rolpa region in particular are extremely illiterate. "There are no
government agencies, no NGOs working in the field of agriculture, health
and education. The Government development programs have not reached Rolpa
and Rukum. They are completely neglected."
The feudalistic mode of society is still intact in
Nepal, and this undoubtedly is a major cause of oppression of the landless
and small peasantry. The Maoists have been successful in focusing on this
particular aspect of feudal oppression. The police officials maintain that
there are no rich people in Rolpa to target as feudal lords. However,
feudalism in Nepal should not be viewed from the narrow prism of feudalism
which existed in Europe, for a balanced analysis. Feudalism in Nepal has
to be seen in the context of the state of Nepal's mountainous and
precarious economic structure which differs even from other parts of South
Asia.
The Maoists and RPP Connections?
Several senior political sources who requested
anonymity, alleged that one faction of the RPP is involved in the present
Maoist uprising in an attempt to discredit the parliamentary system and
justify the Panchayat system. They charged that Prince Gyanendra was
allegedly pulling strings against the wishes of His Majesty King Birendra
Bir Bikram Saha Dev.
They went on to allege that after the restoration of
democracy, SJM's main spokesperson, Dr Babu Ram Bhattarai's links with the
Panchayat elements came to light and that Dr Bhattarai continues to
maintain relations with a section of the RPP. "The Maoists stepped up
their violent activities just before the no-confidence motion against the
Sher Bahadur Deuba Government was tabled." In fact, the RPP had
earlier been in a dilemma whether to form a Coalition Government with the
UML or the NC. Mr Lokendra Bahadur Chand, leader of the RPP Parliamentary
delegation, was authorized to decide on the future of the Government.
However, as Mr Chand shares cordial relations with the UML, Mr Prakash
Chandra Lohani and Pashupati Rana, the two reportedly anti-UML leaders and
the think-tank of the RPP walked out of the RPP Parliamentary Committee
meeting. Hence, the attempt to support the UML Government failed.
Effects of Democracy
Mr Kanak Mani Dixit, a senior journalist and editor of
the Himal South Asia, is of the view that although there are
other regions in Nepal which are equally backward, the Rapti region is
exposed to democratic influences from India. Mr Veerendra Keshari Pokhrel,
Chairman of the "Dang, Rolpa Gathna Chhanbin Samiti"
says that since the food produced by the people is not sufficient to feed
mouths for more than five months a year, many people either go to work in
India or they are semi-starved. Despite the remoteness of Rolpa and Rukum
districts, the people are still very close to the vibrant political
environment of Northern India.
The Lack of Respect for Human Rights
"After the restoration of democracy, people had
high hopes of improvement of their quality of life which unfortunately has
not been fulfilled," says Mr Veerendra Keshari Pokhrel. In fact,
democracy had been the main goal of the movement against the Panchayat
system. As democracy failed to deliver what the extreme leftists wanted,
they resorted to violence to bring about social change.
Although human rights protection has been
constitutionally guaranteed in Nepal, in practice, it is a far cry from
the constitutional provisions in remote corners of the country. The
Nepalese Government has failed to respect human rights and fundamental
freedoms, and this has contributed to the growing violence in the country.
"I am innocent and an elected public
representative as President of Rolpa District Development Committee. I
have been sent to jail after being inhumanely tortured and paralysed on
the basis of a false case. What could be a more ridiculous example of
democracy and human rights?" - thus spoke Mr Jaagu Prasad Subedi,
Chairman of Rolpa District Development Committee and a prominent victim of
Nepalese Police brutality in the wake of the Maoist uprising.(14)
There is an all-pervading fear in the small and sleepy
town of Libang, the headquarters of Rolpa district. Libang is one of the
worst affected areas in mid-western Nepal. When the SAHRDC researcher and
his colleagues reached Libang at 5 pm on 17 April 1996, they were met with
a poignant situation. The delegation learnt from residents about the
undeclared curfew after 7 pm. No one in Libang ventures out after 7 pm. In
the town which is rather remote even by Nepal's standards, the mere use of
a battery-powered flashlight can invite the unwanted attention of the
police. Hence, some of the political leaders refused to meet the SAHRDC
delegation after 7 pm despite being situated only 100 yards away from the
small hotel where the SAHRDC delegation was staying.
Early, the next morning on 18 April 1996, the SAHRDC
researcher and his colleagues were visited by Mr Atma Ram Ghimere, Junior
Officer from the District Office of the National Investigation Commission
at Libang. Mr Ghimere shouted at the Nepalese colleagues of the SAHRDC
researcher and demanded to know the nature of the visit.
The climate of fear in the more remote areas in the
Rapti region where arbitrary arrest, detention, torture, extrajudicial
killings are everyday realities, can be judged from the prevailing
situation in Libang.
SAHRDC received complaints about unarmed civilians
being captured and killed by the police. Some were tortured and shot.
Unarmed people sitting at home were shot dead. Even innocent workers of
the RPP and the Nepal Communist Party were shot dead in Rukum and Rolpa,
it is alleged. Since February 1996, more than two dozen people have been
extrajudicially executed, ostensibly in the process of suppressing the
Maoists.
According to DIG Mr R B Thapa, as of 20 April 1996, 529
people have been arrested in Nepalganj, out of which 178 were released, 21
were sent to judicial custody, 195 were charge-sheeted and 28 were
allegedly in transit. Unofficial sources estimate a higher number of
arrests.
The Maoists have also been responsible for widespread
human rights abuses. According to DIG Mr R B Thapa, the Maoists have
killed one person and injured 17 people in Rukum district. They were also
involved in 49 arson attacks, arrests and explosives related incidents. In
Rolpa district, four people were killed and 64 were injured. There were
also 30 reports of arson attacks, arrests and explosives related
incidents. Four people were injured in Jhajharkot district and the same
number in Salyan district.
From what the police told SAHRDC researchers, it
appears they believe social workers and in particular, teachers are the
main protagonists of the Maoist insurgency. In a situation where political
consciousness and activities are quite low, any social activity has the
potential to attract the "Maoist" label. The police view such
activities as road maintenance, repairing bridges and cultural events such
as singing and dancing, as suspect activities. The Deputy Superintendent
of Police (DSP), Mr Jit Bahadur Pun Magar alleged that many teachers have
been teaching politics to the students. When the SAHRDC researcher
inquired about the kind of political classes held by teachers, DSP Mr
Magar simply mumbled, unable to give a coherent answer.
"All the opposition political activists are being
targeted in the name of the Maoists," says Mr Shriman Acharya, UML
District Secretary of Dang district. Mr Acharya further alleged that,
"the police think in the way the establishment thinks and in the way
the Nepali Congress wants." The police have also picked up many UML
activists in Dang district.
In the Rapti region, police have allegedly often acted
on the instigation of the NC and RPP activists. Although the SAHRDC
researcher could not corroborate the allegations, many victims and
eyewitnesses affirmed that the NC and the RPP activists are guilty of
acting as scouts for the police. Consequently, VDC leaders owing
allegiance to the leftist political parties have been arrested, tortured
and detained without any legal warrant.
The case of Mr Jaggu Prasad Subedi, Chairman of
Rolpa District Development Committee
At around 9 pm on 14 February 1996, Mr Jaggu Prasad
Subedi, Chairman of the Rolpa District Development Committee, was arrested
at his residence in Libang, the district headquarters. However, he was
only served his warrant of arrest on 15 February 1996. Mr Subedi had been
attending a Rolpa District Development Committee meeting with the CDO and
DSP which had commenced on 13 February 1996 to discuss the Drought
Assistance Program in the area.
Mr Subedi was implicated in the attacks on the Halori
Police Post case on 13 February 1996 and charged with inciting violence
against the police, burning police papers, disconnecting the telephone
lines, attempting to loot arms and murder.
Four days after his arrest, Mr Subedi was put before
the Rolpa District Judicial Magistrate at Libang on 18 February 1996. The
Judge remanded him for 10 days. On 28 February 1996, Mr Subedi was
remanded for another 15 days.
Mr Subedi was kept in the Rolpa district guesthouse
until 20 February 1996, a date which corresponded with a visit from the
Home Minister of Nepal, Mr Khadka. When Mr Subedi queried the DSP, Mr Jit
Bahadur Pun Magar about the reasons behind his arrest, DSP Mr Magar
reportedly claimed ignorance as the instructions were coming from the top,
implying Kathmandu.
On 20 February 1996, after the Home Minister's visit,
an order was given not to allow anyone to meet Mr Subedi and he was moved
to the Libang police lock up. Mr Tika Ram Rigme, a local correspondent,
who later met Mr Subedi when Mr Subedi was transferred to Tulsipur jail,
was told by Mr Subedi that he could see a marked difference in the
behaviour of the police from 21 February 1996.
According to local political leaders, the Home Minister
made another visit to Mr Subedi, at the Libang army barracks on 6 March
1996.
On 7 March 1996, two police personnel wearing masks
tortured Mr Subedi for more than four hours. They were reportedly brought
from outside Rolpa district. One of the torturers was identified as Mr
Khem Bahadur Khatri Chetri. They used iron rollers on his thighs. Mr
Subedi told Mr Rigme that he became unconscious after some time and
therefore unable to remember what kind of torture methods were used later
on. After gaining consciousness, he realized that he could not move his
legs and other parts of his body.
The SAHRDC researcher interviewed Mr Subedi's wife, Ms
Kumari Subedi and Mr Rigme. On 30 March 1996, Ms Kumari Subedi was allowed
to see her husband and to speak from a distance of five meters between the
bars in the window. His left leg was visibly swollen up. He was unable to
stand by himself. He was aided by two people who held his shoulders and a
stick in his hand to help him walk.
According to a member of the Rolpa District Bar
Association who sought anonymity, Bar Association members were not given
access to Mr Subedi when the hearing took place on 13 March 1996. This was
confirmed by Mr Subedi when Mr Rigme met him on 31 March 1996. DSP Mr
Magar allegedly threatened lawyers not to defend all those accused of
being Maoists else they would also be identified as Maoist and face the
same fate.
Mr Subedi claims that he was charge-sheeted on the
basis of complaints made by people unknown to him. He further claims that
he has no relationship presently with the SJM as he had been expelled from
the SJM. Although he was elected as the President of the Rolpa District
Development Committee as a candidate of the SJM in 1992, he was reportedly
expelled from the SJM in January 1996. He has reportedly submitted the
expulsion letter to the District Court Judge.
On 19 April 1996, the SAHRDC researcher was denied
access to Mr Subedi who is presently in Tulsipur Jail, in Dang district of
Nepal. Mr Subedi is currently being held in virtual incommunicado
detention. With the exception of one visit by Mr Rigme, only his wife has
seen him since his arrest.
Although the case against Mr Subedi is pending at
Libang in Rolpa district, he was transferred to Tulsipur Jail. The
authorities are hard pressed to explain why Mr Subedi has been transferred
to this jail. Indeed, it makes it difficult for his family to have access
to Mr Subedi. The CDO of Dang categorically told the SAHRDC researcher
that the Ministry of Home Affairs was the only authority that could give
permission for access to Mr Subedi.
The arrest, torture and virtual paralysis of Mr Subedi
has created panic and fear. Mr Subedi is reportedly suffering from severe
pain and is unable to move his left leg. Unlike those attacked by the
Maoists, Mr Subedi has not been provided proper treatment.
The torture of Mr Subedi has reportedly been
perpetrated in acquiescence of the highest political authority of the
present coalition Government of the NC and the RPP. Under normal
circumstances, the police would not have dared torture a serving President
of a District Development Committee, says a UML leader.
It appears that since Mr Subedi was a popular leader in
Rolpa district. The NC leaders, especially the Home Minister, Mr Khadka
who is from Dang district, sought to utilize the opportunity to smash the
support base of the SJM. By torturing Mr Subedi, the Coalition Government
also wanted to send a clear message that it would not tolerate any dissent
despite the fact that Mr Subedi was no longer a SJM activist. The torture
has created panic. People are anxious as to what could happen to ordinary
citizens if such torture could happen to the serving President of the
District Development Committee. Consequently, none of the district level
political leaders sought permission to meet Mr Subedi fearing that they
too would be clubbed with Mr Subedi. He was deserted, even by close
friends.
"...to shoot people in the name of Maoism is
like killing rabbits."(15)
Since the Maoist uprising in February 1996, the
increase in extrajudicial executions has been starkly apparent in Nepal.
An unprecedented number of extrajudicial executions have taken place. More
than two dozen people have been killed. Still the police and
administration are pursuing their operation.
Most of the extrajudicial killings have been carried
out by the armed Nepalese Police. The extrajudicial executions have
reportedly been endorsed by the highest authorities of the Government
including the Home Minister, Mr Khadka. Whilst addressing a gathering at
the airstrip at Salle in Rukum district, the Home Minister reportedly
instructed the police to control the "People's War" by resorting
to extreme measures including killing. This makes local law enforcement
officials to believe that they are immune from prosecution for all forms
of human rights abuses including extrajudicial killings.(16)
According to a local resident who sought anonymity, the
police threatened many people with possible extrajudicial killings saying,
"one more killing means one more star (promotion)." Most of the
extrajudicial executions investigated by the SAHRDC researcher appear to
have taken place out of vengeance or out of settling political scores,
intimidation, and punishment for allegedly supporting the SJM or simply
for failing to fulfill the various demands of the police such as providing
goats. Most killings have taken place during search operations in
villages. Innocent people have been shot, houses and crops burnt. Many
extrajudicial executions have also taken place in custody where detainees
are tortured to death. The bodies are rarely sent for autopsies. If
post-mortems are carried out, the reports are not made public. The SAHRDC
researcher found that the bodies were not returned to their families for
cremation and relatives were not informed.
DIG Mr R B Thapa stated on 20 April 1996 that 23 people
were killed in police action. There are however, controversies about the
number of deaths as provided by the DIG. Press reports and testimonies
provided by NGOs suggest that more extrajudicial executions have occurred.
The SAHRDC researcher learnt that the police do not maintain records of
people held in custody.
Names of people killed by police as provided by DIG
R B Thapa on 20 April 1996:
Serial No.
Name
Age
Date of Killing
Address
1
Man Bahadur Khatri Chetri
24 27
Feb 1996
Pipal VDC, Rukum district
2
Dal Bahadur KC
25 27
Feb 1996
Pipal VDC, Rukum district
3
Pashupati KC
28 27
Feb 1996
Pipal VDC, Rukum district
4
Kul Bahadur KC
25 27
Feb 1996
Pipal VDC, Rukum district
5
Kharga Bahadur KC
14 27 Feb 1996
Pipal VDC, Rukum district
6
Nar Bahadur KC
25 27
Feb 1996
Pipal VDC, Rukum district
7
Jok Bahadur Pun
- 12 March 1996
Pwan VDC, Rukum district
8
Dal Bahadur Pun
- 12 March 1996
Pwan VDC, Rukum district
9
Jay Bahadur Budha
48 18 March 1996
Kakri VDC, Rukum district
10
Ms Man Kuamri Shrest
28 18
March 1996 Kakri
VDC, Rukum district
11
Chakra Prasad Shrest
-
19 March 1996
Kakri VDC, Rukum district
12
Dudh Bahadur Pun, Chairman of Kakri VDC, Rukum
-
30 March 1996
Kakri VDC, Rukum district
13
Nar Bahadur Gharti
- -
Hukam VDC, Rukum district
14
Jaya Dhan Thapa
-
19 March 1996
Huma VDC, Rolpa district
15
Labori (Nar) Budha
- 19 March 1996
Huma VDC, Rolpa district
16
Inderjit Pun
-
19 March 1996
Huma VDC, Rolpa district
17
Chop Bahadur Dhangi
19 26
March 1996 Dubidanda
VCD, Rolpa district
18
Gyanandra Giri
24 26
March 1996 Dubidanda
VCD, Rolpa district
19
Mulman Budha
-
28 March 1996
Mirul VCD, Rolpa district
20
Bin Bahadur Pariyar
- 31 March 1996
Khungri VCD, Rolpa district
21
Tilak Ram Budha
-
13 April 1996
Kotegoan VCD, Rolpa district
22
Man Bahadur Oli
-
27 Feb 1996
Laha VDC, Jhajharkot
23
Man Bahadur Rawat
- 27 Feb 1996
Laha VDC, Jhajharkot
6.1 Extrajudicial
Killings: Case Studies
Massacre in Rukum:
On 25 February 1996, Mr Narajeet Basnet, a primary
school teacher and a resident of Pipal VDC-3 of Rukum district was
allegedly attacked by an unidentified group wearing masks. He was attacked
with sticks and kukris. Eyewitnesses say that Mr Basnet was
allegedly cut with kukris and thrown into the pond. The attackers
were allegedly wearing black clothes, red headbands and carrying the SJM
flag.
After the attack, the incident was reported to the
police by NC supporters on 26 February 1996. They reportedly alleged that
Mr Basnet was not allowed to go to hospital as he was gheraoed
(surrounded) by about 300 Maoists. The Assistant Minister for Industries,
Mr Gopalji Jung Shah was visiting Musikot, the headquarters of the Rukum
district, and the NC supporters demanded police action to nab the
culprits.
On 26 February 1996, a police team left for Pipal
VDC-3. After reaching the village, local NC supporters allegedly informed
the police that SJM supporters were staying at the house of one Mr Setu
Jaisi.
The police went to the house of Mr Jaisi in Ward No.3
of Pipal VDC. The police asked Mr Jaisi to identify Mr Basnet's murderers.
As Mr Jaisi was unable or unwilling to identify the murderers, he was
publicly beaten by the police.
Mr Jaisi was taken to Leka, in the Melgiri area to show
the police his other house. The police were also accompanied by Mr
Basnet's nephews, Mr Tek Bahadur Basnet and Mr Man Bahadur Basnet.
The police reached Leka at 5 am on 27 February 1996.
There were 18 people in Mr Jaisi's house including his family members and
some SJM supporters. Mr Jaisi's wife, Ms Sushila Jaisi was staying at Leka
to look after the buffaloes.
After reaching Mr Jaisi's house, the police blew a
whistle to give notice of their arrival. Upon hearing the warning, the
youth tried to escape by opening the windows in the southern and western
sides of the house. The police fired three shots at Mr Bhagiram
Khatri-Chetri (K C) and Mr Budhi K C. They jumped from the window and
escaped.
The people inside the house started to panic. Around 18
policemen had gathered at the site. The police then entered the house. The
police fired without any provocation and shot dead 24 year old Mr
Pashupati K C, 25 year old Mr Nara Bahadur K C, both residents of Ward
No.6 of Pipal VDC and 25 year old Mr Dal Bahadur K C, a resident of Ward
No.3 of Pipal VDC.
After shooting the above three people, 25 year old Mr
Kal Bahadur K C of Pipal-6, 25 year old Mr Man Bahadur K C of Pipal-3 and
15 year old Khadga Bahadur K C of Pipal-6, were dragged out onto the
veranda. They were severely beaten up by the police. While trying to
escape, Khadga Bahadur K C was shot dead by police. Mr Man Bahadur K C and
Mr Kal Bahadur K C were also shot dead on the veranda. Around 50-60 NC
supporters were also present as by-standers at the time of the incident.
Out of the 18 people staying at the house, six were
shot dead and four escaped. The remaining eight were taken to a nearby
house. The men were separated from the women.
The police raped Ms Khal Kumari KC, who was only 14
years of age, 18 year old Ms Thirtha KC and 17 year old Ms Deosari KC.
According to 45 year old Ms Shashi Jaisini, 45 years, all of them were
ordered to strip. Since Ms Shashi Jaisini had a one year old child with
her, she was spared from rape after stripping. The others were repeatedly
raped. The dead bodies were sent for post-mortem but were not returned to
the family. In addition, the relatives were not officially informed about
the dead victims.
The Case of Mr Bin Bahadur Pariyar, 35 years
Mr Bin Bahadur Pariyar, a 35 year old farmer from
Darapani Village in Khungri VDC in Rolpa district was asleep at home when
two police personnel came looking for him. The two police personnel, Mr
Parmanand Joshi and Mr Bhuwan Thapa, did not have a search warrant. They
knocked on the door of the house around 1 am. Mr Pariyar's mother, Mrs
Koshi Damini Pariyar came out. The police enquired about the whereabouts
of her son. When she said in fear that her son was not at home, the
policemen broke open the door. Mr Pariyar and his six year old son, Master
Krishna Bahadur Pariyar were sleeping.
The police ordered Mr Pariyar to come to the Khungri
Police Station. The police told his mother that he would return soon.
Mr Pariyar was allegedly tortured the entire night.
Later, he was shot dead by the police. The police allegedly shot him three
times.
The news of Mr Pariyar's death spread in the
surrounding villages. Villagers from Darapani, Kotha, Lathibang and
Khungri went to Khungri police station in the morning and demanded to be
given the dead body. It is alleged that when the villagers went to see Mr
Pariyar's body, the police had placed gelatine in his pocket and accused
him of being a Maoist. His body was not returned to the family despite
repeated appeals.
Preceding this incident, the police had wanted to buy a
goat from Mr Pariyar who had refused to sell them one. The police had
threatened to teach him a lesson.
The SAHRDC researcher asked DIG Mr R B Thapa about the
death of Mr Pariyar. According to DIG Mr R B Thapa, departmental inquiries
into the case are continuing.
The case of Mr Labori Budha, Mr Inderjit Pun and Mr
Jaidhan Thapa
At midnight on 19 March 1996, 30 year old, Mr Labori
Budha and 25 year old, Mr Inderjit Pun were taken by police to the house
of 32 year old Mr Jaidhan Thapa, at Phalja Village in Whama VDC, Rolpa
district. Mr Thapa was allegedly a SJM supporter. The police surrounded Mr
Thapa's house and knocked on the door. The police then ordered him to come
out. The moment he came out, the police fired at him without any warning.
Mr Thapa died on the spot.
The neighbors came out after they were woken up by the
sound of gunfire. Mr Budha and Mr Pun were then taken about 100 meters
away and shot dead in cold blood in front of the neighbors. The deaths
were reported as encounter killings in self-defence by the
police.
The case of Mr Imam Singh Rokha
Mr Iman Singh Rokha from Gaam village in Rolpa district
was arrested by the police posted at the Libang Police Station after the
Maoist uprising on 13 February 1996. Mr Rokha was kept with 40-50 other
detainees at Libang Police Station. According to other detainees who were
witnesses, Mr Rokha was inhumanely tortured. He was beaten on the soles of
his feet and a roller was used on his thighs. He was taken to Dang
hospital on 25 March 1996 but was declared dead at midnight. It is
uncertain however, whether he died on his way to the hospital or in the
hospital itself. His body was not given to his family for cremation.
The Case of Mr Man Bahadur Rawat and Man Bahadur Oli
On 27 February 1996, Mr Man Bahadur Rawat, an elected
member of Shakala VDC and Mr Man Bahadur Oli were arrested without any
warrant from their homes. They were handcuffed together.
Mr Rawat won the VDC election as a SJM candidate before
the party went underground. The police said that Mr Rawat and Mr Oli were
being taken to the district headquarters. At Gahirini in Lha VDC, Mr Rawat
was allegedly accused of being a dangerous Maoist by the police. They
pushed him over the cliff. Since Mr Rawat and Mr Oli were handcuffed
together, Mr Oli also went over. Consequently, both fell to their deaths.
The police alleged that the two men died as a result of trying to flee
from police custody. However, since the police were the perpetrators as
well as the only witnesses, it is difficult to confirm this particular
extrajudicial killing.
The Case of Chakra Bahadur Shrest, Ms Man Kumari
Shrest and Joy Bahadur Budha
The police went to arrest Mr Man Prasad Sharma at Kakri
VDC-2 in Rukum district. When Mr Man Prasad Sharma saw the police, he
started to run and the police fired at him. The police however missed,
hitting a dog instead which died on the spot.
After hearing the gunshots, 60 year old Mr Chakra
Bahadur Shrest, 35 year old Ms Man Kumari Shrest and 48 year old Mr Joy
Bahadur Budha came out of their houses to see as to what was happening.
The police shot them without any provocation, killing them on the spot. Mr
Shresta who hails from Mahat VDC in Rolpa district had been on a visit to
Kakri to meet the survey team measuring land.
The bodies were not sent for post-mortem. They were not
given to their relatives for cremation. Preceding this incident on 17
March 1996, the police had visited Kakri. A quarrel had ensued between
some womenfolk and the police. The police threatened to teach them a
lesson the next day, namely 18 March 1996.
The Case of Mr Jokhe Pun and Mr Jog Bahadur Pun, 22
yrs
On 12 March 1996, a police team led by Station House
Officer, Mr Khanaiahlal Sardar went to Pwang VDC, Chipkhola in Rukum
district to arrest Mr Ganesh Man Pun, a district level activist of the SJM.
Mr Jokhe Pun, the 45 year old father of Mr G M Pun, was
sleeping in his house. The police threatened Mr Jokhe Pun with death if he
did not disclose the whereabouts of his son. Local residents alleged that
when Mr Jokhe Pun stated that he had no information about the whereabouts
of his son, the police fired at him at the instigation of local NC
leaders, Mr Bhim Bahadur Pun and Mr Laxmi Ram Pun. Mr Jokhe Pun died on
the spot. The police also shot dead his other son, Mr Jog Bahadur Pun
without any provocation. The police looted Rs 25,000 and a goat. Mr Jokhe
Pun's wife was also molested.
Arbitrary arrest and detention has been one of the main
features of human rights abuses in Nepal. The number of arbitrary arrests
and detentions have increased manifold after the Maoists started their
second phase of the "People's War" on 13 February 1996 in the
Rapti region. From February 1996 onwards, hundreds of people have been
arrested. Police records show that up until 19 April 1996, 526 people have
been arrested.
The official records of the number of arrests do not
appear to reflect the true figure for arbitrary arrests and detentions.
Hundreds of people have been arrested without warrants. Many, fortunately,
have been released after preliminary enquiries.
Arbitrary arrest and detention are difficult to
quantify due to the consistent and wilful irregularities in maintaining
records by the police. In the early morning of 18 April 1996, the SAHRDC
researcher saw three people who were apparently arrested from other
villages, being escorted to Libang Police Station by police. When the
SAHRDC researcher made inquiries the same afternoon, DSP Mr Magar stated
they had been released after preliminary inquiries. When the SAHRDC
researcher requested details, no record had been made as to their arrest
and reported release.
The SAHRDC researcher was provided with a list of nine
people who were still in detention. Residents of Libang however alleged
that there were more unspecified detainees in jail.
DSP Mr Magar informed the SAHRDC researcher of a
strange incident concerning Mr Tiku Budha who was involved in the attack
on his father, Mr Chamfey Budha, Jelbang VDC, Ward No.4 on 27 February
1996. When the SAHRDC researcher asked whether he could interview Mr Tiku
Budha, the DSP refused. Seven more people namely, Mr Barman Pun, Mr Dhan
Bahadur Budha, Mr Dhawashey Pun, Mr Ramu Pun, Mr Lalmani Budha, Mr Farka
Bahadur Pun and Mr Karna Bahadur Pun were arrested and brought to Libang
Police Station on 31 March 1996 for alleged attempted murder of Mr Chamfey
Budha. The residents allege that all of them were tortured.
A team of Nepalese human rights groups consisting of
CVICT, INHURED INTERNATIONAL, INSEC and Mr Leknath Bhandari, a journalist,
found that up until 21 March 1996, the police had arrested more than 100
people as alleged Maoists in Rukum district. The police claimed that only
91 people were arrested, out of which 38 were released after necessary
investigation.
On 17 March 1996, when the Nepalese human rights team
met with the detainees held in custody at Musikot, Rukum district
headquarters, they found 28 detainees. They were informed that seven
detainees had been taken to the district administration office for the
extension of their detention. Thus, the total number of detainees amounted
to merely 35. The team was given free access to the detainees although a
large number of police officers were present. The detainees had been
tortured in a number of ways. They had either been beaten with a round
wooden stick between their thighs or beaten with a stick. Money had also
been demanded from them in exchange for food.
The human rights activists estimated about 30 people
were being detained illegally. Even if the figure of 91 arrested given by
the police is to be believed, and if 38 had been released, this would
leave 53 still in detention. However, the police had stated that there
were only 35 detainees. Therefore, according to police sources, 18 people
were detained illegally.
The Constitution of Nepal provides that a person who is
arrested and detained in custody, must be arraigned or released within 24
hours of arrest. The police often violate this provision.
There are many laws allowing preventive detention.
Among these are the Public Offences Act and the Public Security Act. Most
detainees in the Rapti region have been arrested under the Public Offences
Act.
Under the Public Offences Act, the CDO is the highest
ranking civil servant in the district and executes the role of
administrator, prosecutor and judge. Under the Public Offences Act and
subsequent amendments, people can be arrested for crimes such as
disturbing the peace, vandalism, rioting and fighting. The CDO is
authorized to order detentions, issue search warrants and specify fines
and other punishments for misdemeanors without judicial review. Detainees
can appeal the CDO's verdict.
Under the Public Offences Act, the police must obtain a
warrant for an arrest unless a person is caught in the act of committing a
crime. For many offences, the case must be filed in court within seven
days of arrest. If the court upholds detention, the police are authorized
with a period of up to 25 days plus a possible seven-day extension to
complete their investigation.
In practice, police raid villages, search houses
without warrants, make arrests and file false charges.
Figures of arrest and detention in the Rapti region
as provided by DIG Mr R B Thapa on 20 April 1996:
Name of Dist. No. of Arrest
No. Released after inquiry
No. of people in Judicial custody
Charge-
sheeted
Transit Remarks
Rolpa
144
80
11 37
16
On the way to the court
Rukum
118
63
9
46
Nil
-
Salyan
41
18
x
23
x
-
Jhajharkot
140
85
1
40
2
2 persons sent to Rukum
Pyuthan
-
-
-
-
-
-
Bhameh
15
-
-
15
-
-
Bardiyah
18
9
-
9
-
-
Dhang
40
3
-
25
10
2 persons sent to Rolpa
Total
516 178
21
195
28
-
7.1 Arrest and
Detention in Dang District:
A Case Study
Dang district has been a traditional bastion of the CPN
(UML). In the General Elections of May 1991, the UML could win only one
seat out of 11 seats in the Rapti region.
Although Rolpa and Rukum districts have been hit badly
by the Maoist movement, Dang district has only been marginally affected.
The SJM has not had a powerful presence in Dang district yet there have
been a large number of arrests and detentions.
The CDO and the political leaders of Dang also assert
that Dang has not been affected by the Maoist uprising. The authorities
however, took great pains to explain the reason behind the large number of
arrests and detentions. The UML cadres and the SJM supporters have been
the main targets.
Details of people Arrested and Released in Dang
district as provided by the UML, District Office and INSEC's District
Coordinator are as follows:
Serial No.
Name
Age yrs.
Village
Date of Arrest Date
of Release
1.
Mr Chandramani Sharma, farmer
2.
Ajhapur village, Ginnapa Ward No 5
31 March 1996
1 April 1996
2.
Mr Jivraj Oli
40
Leupani, Ward No 7
13 April 1996 14 April 1996
3.
Mr Keshav Sunar
26
Bijouri, Bansh-ghari, Ward No 6
10 March 1996
13 March 1996
4.
Mr Dhanbir K.C
26
Shantinagar, Jumle-kula
11 March 1996
15 March 1996
Charge-sheeted under the Public Offences Act, 1970
as on 19 April 1996:
Serial No.
Name
Age (Years)
Village
Date of Arrest Date
of Release
1.
Mr Gopal Gautam, teacher
30
Ginnapa Ward No 6, Rajhena
12 March 1996 (on
bond) 16 March 1996
2.
Mr Fanindra Ghimire
46
Ginnapa Ward No 3, Vargachhi
7 March 1996 12 April 1996
3.
Mr Pitambar Acharya
65
Bijouri, Banshghari
12 March 1996 still
in detention
4.
Mr Madan Acharya 27
Bijouri, Banshghari
10 March 1996 still
in detention
5.
Mr Ram Bahadur Kami
52
Bijouri, Banshghari
12 March 1996 still
in detention
6.
Mr Ram Bahadur Thapa
37
Bijouri, Banshghari
10 March 1996 still
in detention
7.
Mr Shiva Ghimire
35
Bijouri Ward No 8, Banshghari
10 March 1996 8
April 1996
8.
Mr Manoj Regmi, student
19
Raniyapur
11 April 1996 15 April 1996
9.
Mr Robar Bahadur Oli
25
Dhuruwa VDC 10
March 1996 still in
detention
10.
Mr Min Raj Lamshal, teacher, A SJM supporter
28
Kabre VDC, Ward No 8
10 March 1996 still in detention
11.
Mr Hautaram (Hemant Bishwakarma) student, A Jan Morcha supporter
15
Kabre VDC, Ward No 9
10 March 1996 still in detention
12.
Mr Mohan Lal Oli, teacher
29
Baghmarey, Bishnupur
12 March 1996 still
in detention
13.
Mr Mohan Budathoki, A Jan Morcha supporter
25
Salyan
12 March 1996 still
in detention
14.
Mr Bir Bahadur Oli 46
Wakdhakri
12 March 1996 still
in detention
Cases where arrest was confirmed but details were
unavailable:
Serial No.
Name
1.
Madhusudan Vaidya
2.
Tara Adhikari
3.
Kumbir Dangi
4.
Hari Banjong
5.
Hira Mani Sharma
6.
Nareshwor Bhusal
7.
Shant Raj Sharma
8.
Devi Jaan Chaudhuri
9.
Manu Sharma
10.
Viru Pun
11.
Devi Lal Dangi
12.
Dhan Bahadu Budathoki
13.
Nar Singh Khami
14.
Deo Prasad Budamagar
15.
Bhim Bahadur Oli
Many of the detainees arrested under the Public
Offences Act could not be released on bail due to the high amounts for
bond that were fixed. A rate of Rs 28,000 per person was fixed by the CDO.
The SAHRDC researcher was provided with a list of detainees who could not
afford to pay the high amount of bond money and hence could not be
released. Fixing high amounts for bond is another way of keeping the
detainees in jail.
List of Detainees who could not afford the high
amount for bond of Rs 28,000 each and thus, could not be released, as
provided by the CDO Office, Ghorahi Bazar, Dang District On 19 April 1996:
Serial No.
Name
Address
Case
Jailed
1.
Robar Bahadur Oli
Dhuruwa, VDC-8 Dhang
Public Offence 7 April 1996
2.
Ram Bahadur Thapa
Bijauri VDC- 8, Dhang
Public Offence
8 April 1996
3.
Ram Bahadur Kami
Bijauri VDC- 8, Dhang
Public Offence
8 April 1996
4.
Madan Acharya
Bijauri VDC-8, Dhang Public
Offence 8
April 1996
5.
Pitambar Sharma
Bijauri VDC-8, Dhang
Public Offence
8 April 1996
6.
Minaraj Lamsal
Kavre VDC-8, Dhang Public
Offence 11
April 1996
7.
Hemanta Bishwakarma
Kavre VDC-8, Dhang
Public Offence
11 April 1996
8.
Mohan Budathoki
Bagmare VDC-4, Dhang
Public Offence 11 April 1996
9.
Mohan Lal Oli
Bagmare VDC-4
Public Offence
11 April 1996
"You are all saying there has to be democracy,
human rights and women rights. When we said we need these things, this is
the outcome," says the wife of Mr Setu Jaisi to describe the
inhuman torture of her husband by Police.(17)
The SAHRDC researcher expressed concern to the Nepalese
Government officials about the excessive use of force. Detainees were
reportedly tortured and ill-treated while under police investigation in
the period immediately after an arrest and before the commencement of
formal trial. The SAHRDC researcher collected testimonies and interviewed
many victims tortured by the Nepalese Police.
The methods of torture and ill-treatment used by police
include repeated beatings, putting Shishnu or nettles on the body
and using rollers on the thighs. While in detention, prisoners are allowed
to go to the toilet one to three times a day. The rest of the time they
urinate in their rooms. Victims claim they were tortured to obtain a
confession.
There is a constitutional guarantee limiting the length
of detention under normal circumstances to 24 hours excluding transit time
before the accused is formally remanded. Over the years, this guarantee
has been repeatedly abused in Nepal. Most arrests take place without a
legal warrant. Immediate relatives of the detainees are rarely informed.
Many of these detainees are held incommunicado.
Article 14 (4) of the Constitution of Nepal provides:
"No person detained during investigation or for trial or for inquiry
or other reasons shall be subjected to physical or mental torture nor
shall he be given any cruel, inhuman or degrading treatment". Despite
this provision, torture is not punishable by law in Nepal. Although Nepal
has ratified the United Nations Convention Against Torture, it is yet to
make any changes concurrent in the national law.
Moreover, the draconian and undemocratic Public
Offences Act continues to be applicable in Nepal. It makes the guarantees
provided in Nepal's Constitution redundant.
8.1 Torture and
Ill-Treatment: Case Studies
Burning of Houses and Torture of Villagers
On 14 March 1996 at 8 am, around 35 police personnel
led by Inspector Raju Babu Shresta, raided Jhureli village in Khalanga VDC
of Jhajharkot district.
The police suspected that Maoists were taking shelter
in the homes of Mr Arjun Bahadur Rana, Mr Gothalo Rana, Mr Nande Rana, Mr
Mote Rana and Mr Bire Basnet. The police went to their homes and asked
them to come out. When they expressed ignorance as to the whereabouts of
the Maoists, the police beat them mercilessly with lathis
(sticks) in public and stung their bodies with nettles. In the process, 13
year old Ms Shanti Rana was also beaten by the police.
The police then proceeded to set fire to the homes of
Mr Arjun, Mr Bahadur Rana, Mr Gothalo Rana, Mr Nande Rana, Mr Mote Rana
and Mr Bire Basnet. The police threatened the victims to remain silent
about the incident or else be identified as Maoists and shot dead.
The Case of Mr Joy Bahadur Rana and his family
Around 3 am on 29 February 1996, armed police personnel
raided the house of Mr Joy Bahadur Rana at Rimna village in Khalanga VDC,
Ward No. 8 of Jhajharkot district. Mr Joy Bahadur Rana, an alleged SJM
supporter was not at home.
The police arrested Mr Rana's 35 year old wife, Ms
Bishnu Maya and their two daughters, eight year old Ms Chura Rana and six
year old Ms Gulaphi Rana. They were taken to the police station.
The police enquired about Mr Rana's whereabouts. When
Ms Maya replied that she did not know, the police stepped on her feet with
their boots. When she informed the police that she was pregnant, they
started beating her more severely, especially on the soles of her feet
with a lathi.
She was stripped inside the lock-up by police and
threatened with dire consequences if she did not disclose information
about the Maoists. She was also threatened with rape. All of them were
denied food. When the children in desperation, wanted some food, the
police told them to eat mud. All of them were tortured for three days.
They were later released after signing some blank papers.
The Case of Mr Ganga Ram Budhotoki
On 26 February 1996, Mr Ganga Ram Budhotoki, Assistant
Health Worker of Kotmoula VDC-3, Bimerekhola in Salyan district, was
picked up from his pharmacy by 11 Police personnel from Tharmere Police
Post without a warrant. He was accused by the police of allegedly
harboring SJM activists. He was brutally tortured.
On 3 March 1996, Mr Budhotoki was sent to the District
Police headquarters. He was unable to walk or stand up by himself as a
result of being tortured.
The Case of Mr Phanindra Ghimere
Forty-six year old farmer, Mr Phanindra Ghimere of
Tribhuvan Nagar Palika, Dang, Ward No.3, Tole Barghaddi, was arrested by
the police at about 2 pm on 7 March 1996 at the house of Rishi Raj Junglee
in Jhajharagoan village in Dang district.
Mr Ghimere, a former Area Committee member of SJM, was
arrested under the Public Offences Act. He was kept at Gorahi police
station in Dang district for 32 days and tortured severely.
He was taken to Libang Police Station where he was
further interrogated for another four days.
Mr Ghimere was produced before the CDO on 13 March
1996. As the police registered his arrest on 13 March 1996, he had
effectively been held in illegal custody for six days.
The police questioned him about the program of the
Maoists and their future plans. When he failed to reply, the police
started torturing him. A roller was rolled on his thighs, the soles of his
feet were hit and nettles were applied to parts of his body.
A delegation of local human rights groups consisting of
INSEC, Manab Adhikar Samrakshan Manch and Dang Journalist
Association, met Mr Ghimere at 11 am on 19 March 1996. After their
departure, the police started torturing him at around 3 pm. He was
released on 12 April 1996 after paying a bond of Rs 28,000.
Mr Ghimere resigned from the SJM on 13 April 1996. He
says his wife expired in early February 1996 and that he was left to care
for their children. While in police custody, his house was burnt down by
unidentified individuals. He resigned from the SJM because he felt that
his family situation no longer allowed his membership. In addition, the
DSP and the CDO threatened him that unless he denounced the Maoists he
would not be released. Prior to his release, he was forced to sign some
blank papers.
The Case of Mr Lokman Budhotoki
On 26 February 1996, police from the Thamere police
post arrested 27 year old Mr Lokman Budhotoki, of village Beure Khola of
Kotmoula VDC-3 in Salyan district, without a warrant. He was tortured in
custody. The police alleged he was a SJM supporter.
The Case of Mr Shivaprasad Sharma
On 17 February 1996, Mr Shivaprasad Sharma, President
of the Jhajharkot district, All Nepal National Independent Students Union,
was arrested from his house at Thaple, Khalanga VDC-2 in Jhajharkot
district. According to an eyewitness released from custody, Mr Sharma was
severely tortured. His hands and feet were tied and the soles of his feet
were beaten with lathis. There were torture marks all over body.
Mr Sharma became ill from the severe torture. The
police however did not provide any medical treatment nor did they give him
medicine sent by his relatives.
Whilst in custody, he was allowed to go out only once
in the morning to urinate.
The Case of Mr Laxmi Prasad Sharma
At around 2 am on 12 March 1996, around 30 policemen
gheraoed Mr Laxmi Prasad Sharma's house in Kaalegaon village, Khalanga
VDC-9 in Jhajharkot district. The police forcibly entered Mr Sharma's
house and asked his sister of his whereabouts. The police used indecent
language for Mr Sharma's sister and parents while making enquiries. The
police also knocked on the door of a neighboring house and fired a shot to
frighten them.
After firing the shot, Mr Sharma who had been hiding in
his house, surrendered to the police. He was dragged out of the house and
severely beaten in front of his family which included children. The police
also dragged out Mr Sharma's older brother, an employee of the post
office.
The police did not have a search warrant. During their
search of the house, they broke the wooden trunks belonging to the family.
After searching the house, Mr Sharma was taken to the district Police
office at Khalanga at 5 am.
The Case of Mr Kule Pun and others
On 14 March 1996, the police also mercilessly tortured
Mr Kule Pun, Meghe Damai, and another unidentified person. At the time of
taking these victims to Dali police post, the residents of Kalapata,
Danada VDC-2, told the police that the victims were NC and RPP supporters.
The victims were subsequently released.
Burning of Houses and Property
At about 10 am on 12 March 1996, about 50 to 60 NC
supporters went to Badaleka village, Khalanga VDC-8, in Jhajharkot
district. Inspector Rajubabu Shrestha and NC leader Mr Jaya Bhahadur Thapa,
VDC Chairman of Dandagaon VDC were leading the NC activists. The Police
and the NC activists jointly set fire to the houses and looted grain,
household goods and cash. Many houses, sheds, huts, granaries, utensils,
clothes and other goods were destroyed in the fire.
Fifty year old, Mr Hasti Rana who witnessed the
incidents said, "At about 10 am the policemen came from Dali Chowki,
Rimna and Khalanga. They came to burn our houses. I was coming home after
collecting grass. The policemen did not allow me to enter the house and
retrieve the goods. They found Rs 8,000, which had been kept along with
the maize seeds in a pot. I had saved this money from the sale of a
buffalo. They took the money. Besides this, they beat Durgi Rana with the
stick and beat Ms Kali Rana with nettles stating, "Where is your
husband?" The Police alleged that SJM activists used to come and stay
in their villages.
The victims were not given any compensation. Many of
them are living in newly built huts. Their crops were burnt down leaving
them with nothing to eat.
Hundreds of people have been arrested and sent to
judicial custody in the aftermath of the Maoist uprising in Nepal.
Official records of the Mid-Western Regional Police Office in Nepalganj
show that 526 people were arrested in the period 13 February 1996 to 19
April 1996. Out of the 526 arrested, only 195 were charge-sheeted.
A majority of these victims have been arrested for
their political persuasion. Although, a majority of them do not
necessarily subscribe to the violent politics of the SJM, they were
nonetheless its active supporters before it went underground.
The Nepalese authorities have consistently denied the
existence of political prisoners. They maintain that arrest or
imprisonment resulted not from political views or lawful political
activities but from breaking criminal laws. This interpretation is highly
questionable. Upon investigation, the SAHRDC researcher found that many of
the leftist political leaders were arrested, illegally detained and
finally prosecuted for criminal offences on the basis of false complaints,
false evidence or confessions obtained under torture and duress. The
SAHRDC has ample evidence of political activists having been unjustifiably
arrested. In such cases, SAHRDC examines the political context of the
case, the nature of accusations, the evidence and trial procedures if any.
The SAHRDC has also ample evidence of CDOs using the Public Offences Act
for political reasons. Under the Public Offences Act, the CDO is the
Administrator, Prosecutor and the Judge.
Most of these prisoners are SJM supporters who are
detained on murder charges for alleged killings of other political
activists. In most of the cases, the complaints were made by NC and RPP
activists as alleged witnesses to the killings. The accused were arrested
by the police without warrants. Before their cases were registered by the
police, they were first severely beaten.
SAHRDC is concerned about certain aspects of the trial
proceedings. To begin with, the confessions taken by the police are
questionable as they are often taken under duress. In fact, the SAHRDC
researcher was provided with specific information to support the illegal
and questionable methods used by police to extract confessions, and also
interviewed many victims who were forced to sign blank papers under duress
in order to be released on bail.
What is worse is the fact that lawyers are afraid to
defend the alleged Maoists. Consequently, there is an absence of defence
lawyers and it is " the rule of the jungle" which rules the
roost.
Some detainees were released by the police after they
agreed to join the NC.
In the districts of Rolpa and Salyan, the majority of
the population are Magars who are regarded as one of the five
most backward communities in Nepal. Villagers from remote areas in Nepal
like the Magars have their own dialect and are unable to express
themselves fluently in Nepali. During the trial proceedings, they are
cross-examined in Nepali. According to local lawyers, there are virtually
no translation facilities.
SAHRDC is aware of the inherent constraints in ensuring
prompt and impartial criminal investigations when offences are committed
in remote and inaccessible areas which are literally in the 17th century,
and when trial proceedings are further complicated by language barriers,
illiteracy and police intimidation. However, the Nepalese Government must
recognize the fact that these factors also significantly increase the risk
of the manipulation of witnesses, whether knowingly and unknowingly for
personal or political interests.
SAHRDC is also concerned about the misuse of judicial
power and the consequent denial of justice to those accused. Whilst in
Libang, the SAHRDC researcher learnt that the District Court Judge, Mr
Mahavir Prakash Shrest reportedly went on holiday on 18 March 1996. When
the SAHRDC researcher visited Libang on 17 April 1996, almost a month
later, Mr Shrest was still on holiday. Assistant District Judge, Mr Kharga
Bahadur Malla who is a non-gazetted officer and has no judicial authority,
has been discharging the responsibilities of the Judge. Mr Malla had
allegedly been sending the accused to Police custody as well as into
judicial custody until the next hearing could take place after Mr Shrest's
return. Consequently, other cases could not be heard.
SAHRDC appreciates the difficulties in ensuring prompt
and fair trials where many of the accused do not understand the language
in which trial proceedings are conducted or the legal concepts on which
they are based. However, SAHRDC believes that the Nepalese Government can
strengthen the fair trial process by ensuring that from the time, arrest
is effected, detainees are fully informed in their own language or dialect
of the charges made against them and of their rights of defence and
appeal, by making more qualified legal assistance available to them and by
ensuring that trials are completed within a specified period.
The residents of Libang are afraid of the police. When
the SAHRDC researcher visited the Rolpa district Police headquarters at
Libang, none of the Police personnel except the sentry were wearing the
blue Police uniform. They were wearing T-shirts with the Nepalese Police
logo. The DSP Mr Magar, wearing jeans with a camouflage army jacket over a
Nepali Police logo T-shirt, running shoes and Ray Ban sunglasses, welcomed
the SAHRDC researcher and his colleagues. It seemed to the SAHRDC
researcher that a Rambo image was being assiduously cultivated.
Under Section 14 of Chaupaya ko (relating to
Animals with four feet) of the Muluki Ain, the national legal
code of Nepal, "torture and causing of injuries to cows and bullocks
is punishable by two years of imprisonment." However, there are no
laws in Nepal to punish the torturers who are ostensibly the law
enforcement officials in the main for human rights abuses. Although the
Constitution of Nepal prohibits torture, there are no legal procedures to
prosecute the law enforcement officials for committing torture.
The Government of Nepal attempted to bring legislation
to pay compensation to the victims of torture in 1993. Some Nepalese human
rights groups accused the Government of "putting a price tag" on
torture. The legislation has been gathering dust with the Committee
examining the proposed legislation.
Although the Government of Nepal has been taking the
initiative to award compensation for human rights abuses, no initiative
has been undertaken to prosecute human rights violators belonging to the
law enforcement machinery. Compensation is not accountability, it is only
palliative. However, it is a brick in building the edifice of
accountability.
Article 15 of the Constitution of Nepal relating to
Right Against Preventive Detention provides that:
·
1. No person shall be kept under preventive detention
without sufficient ground of existence of threat to the sovereignty,
tranquility, indivisibility or public and order of the Kingdom of Nepal.
·
2. Any person kept under detention shall, if his detention
was against law or malafide, have the right to be compensated in the
manner laid down by law.
However contrary to the Constitution of Nepal, under Muluki
Ain, if in the course of action relating to a suit, detention is
adjucated with good intention in the belief that the law prescribed
detention, and if detention is later ruled as illegal, the concerned
government officials shall not be punished.
The lack of legal mechanism to prosecute the culprits
of human rights abuses is tantamount to providing opportunity for
impunity. Despite the return of democracy, no initiative has been
undertaken to make the necessary amendments in the Constitution to
establish a process of accountability. In fact, impunity provided by the
monarchical and panchayat systems continues to be preserved by the
democratic governments.
For decades, the lack of accountability has been the
single most important factor for the encouragement of human rights abuses
in Nepal. Even with the return of democracy, the accountability process
remains far from sufficient. The constitutional guarantees made in the
Constitution of Nepal are yet to be translated and have little meaning in
the rural and hilly areas.
10.1 Departmental
Inquiries
As a policy, police are transferred every one to two
years from the Terai region to the hills and vice-versa. Superintendent of
Police (SP) Mr K B Thapa states there are more opportunities for Police
stationed in the Terai region. As well as having more access to training
opportunities, "they can also learn to drive".
"Being transferred to the mountainous areas is
perceived as punishment," says SP K B Thapa. Police immorality
pervades the hills. The low level of policing, drinking on duty and
atrocities suffered by innocent people at the hands of the police are the
hallmarks of the Nepalese Police in the hill areas.
The Kathmandu Police headquarters has sent the District
Police forces a "Special Agenda" of procedural directions on
what to do and what not to do in the wake of the Maoist uprising. SP Mr K
B Thapa asserts these orders are conveyed to all police posts and the area
in-charge. SP Mr K B Thapa did not provide the SAHRDC researcher with a
copy of the " Special Agenda". However, given the track record
of the Nepalese Police in Rolpa and Rukum districts, the "Special
Agenda" appears to have had little positive effect on the police.
"When the police are the accused, departmental
actions are generally initiated," says Mr Shriman Shresta, Joint
Secretary of the Legal Division in the Ministry of Home Affairs. According
to SP Mr K B Thapa, there have been four disciplinary cases in Libang in
the past four months. They relate to drinking on duty.
SP Mr K B Thapa also outlined procedures for making
complaints against Police personnel. Firstly, the complainant must go to
the District Police office to file a complaint. If this is unsuccessful,
the complainant can also appeal to the CDO, Zonal Chief and the DIG for
the region. These complaint procedures are somewhat redundant. Given the
difficulty of travelling in rural Nepal, the level of intimidation and
illiteracy, there is very little likelihood of ordinary citizens making
successful complaints against police. Even police officials identified by
Government commissions have not been prosecuted.
10.2 The Government
Commissions of Inquiry
The Government appointed the Mallik Commission to
investigate the extrajudicial killings during the pro-democracy movement
in 1990. The Commission recommended the prosecution of the civil servants
and police officials responsible for acts which saw 45 people dead and
some 2300 injured. However, the Government failed to take any action
citing that it would implicate the Royal Palace and that there were not
enough legal provisions.(18)
Similarly, the UML Government and NC-Rashtriya
Panchayat Coalition Government did not take any action against the Police
officials responsible for killings and other excesses in Rolpa district as
recommended by the Dang, Rolpa Gathna Chhanbin Samiti in January
1995.(19)
The explicit complicity of the political leadership of
Nepal including Home Minister Mr Khum Bahadur Khadka to extrajudicially
execute people in order to quell the present violence by the Maoists, has
widely contributed to the current human rights situation in Rapti region.
In fact, a criminal case was pending against the Home Minister for
murdering UML activists during the mid-term elections. However, upon
becoming Home Minister, Mr Khadka allegedly dropped the criminal charges
pending against himself!
The Nepalese Police, especially in the Rapti region,
have the impression or understanding that they can get away anything -
even cold blooded murder. If the police can get away with the torture and
virtual paralysis of the serving President of the Rolpa District
Development Committee, Mr Jaggu Prasad Subedi, they can get away with any
human rights abuses against the ordinary citizenry. As long as the police
work under the instructions of the local political leaders, there is
little chance of prosecution for human rights violations.
To SAHRDC's knowledge, no criminal case has been filed
against any police official for serious human rights abuses including the
violation of the right to life. Punishment under departmental proceedings
means transferring police personnel from one area to another area. Since
police personnel are in any case transferred every one to two years,
punishment by transferral has little effect. Unless the Government holds
human rights violators accountable for their misdeeds, human rights abuses
will continue to be a part of Nepal's politico-administrative system.
"Hacking a few citizens with Kukris
under the mask of the People's War cannot make a revolution,"
says Mr Nirmal Lama, President of the CPN (Unity Centre).(20)
SAHRDC has received reports and credible testimony of
human rights abuses by the cadres of the armed opposition group, the SJM.
The SJM cadres wearing black masks and red headbands, and chanting Maoist
slogans have attacked many people at night.
Their opponents charged that the Maoists as a matter of
policy do not kill their victims. Rather, they maim and injure to
intimidate and set an example. Crude amputations are attempted by putting
their victim's hands and legs on top of rocks and smashing them with
hammers. Fingers have also been chopped off.
The Maoists have been accused of arson. Houses and
crops have been set on fire, and have allegedly looted people's
properties.
On 21 February 1996, the Maoists allegedly burnt the
house of Mr Man Bahadur Sing of Shakala VDC who is an elected VDC member
with NC affiliation. Similarly, at about 3 pm on 15 February 1996, around
40 unidentified masked men looted gold and other valuables at gunpoint
from 65 year old Mr Deep Bahadur Singh of Nayakvada VDC in Jhajharkot
district. They also burnt the effigies of the landlords and went away
shouting Maoist slogans.
According to DIG Mr R B Thapa, the SJM operates on
three levels, namely the District People's Court, the Regional People's
Court and the Central Courts. "The Jan Morcha sends notices
explaining their crimes. The District People's Court is authorized to send
notices and fine the perceived culprits. If the perceived culprits fail to
abide by the order of the District People's Court, the Regional People's
Court will both fine them and meramaht (teach a lesson) to them
by beating them, breaking their bones and destroying their property. If
people still fail to honor or comply with the direction of the SJM, then
the Central Court will sentence them to death. However, the SAHRDC
researcher could not confirm DIG Mr R B Thapa's averment.
The Maoists also targeted specific government
officials. Mr Mohan Pate Magar, a non-gazetted officer of Sindhuli
District Forest Office was attacked by alleged Maoists in February 1996.
Mr Mithu Garti, a postman and resident of Hom VDC in Rolpa district also
succumbed to injuries a llegedly inflicted by the Maoists.(21)
The Maoists have attacked public property. The official
papers of Krishi Vikas Bank (Agriculture Development Bank) and
the office of Sana Kishan Vikash Ayojana (Small Farmers
Development Program) of Chyanglimitar Village in Gorkha was reportedly
burnt by the Maoists.(22)
Western aid agencies and non-governmental organizations
have also been the targets of the M aoists. The Lutheran World Service (LWS),
which has been helping the villagers in Rolpa district was allegedly asked
by the Maoists to leave.(23)
SAHRDC condemns the torture and killing of innocent
people by anyone including the armed opposition groups. It also condemns
other deliberate killings carried out solely on the basis of the victim's
ethnic origin, sex, colour, language, religion or belief and political
persuasion.
"Human rights groups distort information,"
alleged Mr Leknath Acharya, Vice President of the NC in Rolpa district.
When the SAHRDC researcher expressed a desire to meet with Rolpa
district's NC and RPP leaders, they initially refused attempting to send a
message of their displeasure with Nepalese human rights groups. However,
the SAHRDC researcher eventually met with them at the District Police
headquarters.
"The human rights groups have been providing
morale to the Maoists by not condemning the violence of the Maoists,"
says Mr Dalbir Pun, Rolpa District Secretary of the RPP, referring to the
Nepalese human rights NGOs. In fact, Mr Dalbir Pun and Mr Leknath Acharya
threatened to prohibit human rights groups from entering Rolpa district in
the future, " if the SAHRDC researcher and colleagues failed to
present the correct picture in their report". DSP Mr Magar joined the
refrain.
SP Mr K B Thapa said that, "human rights groups
who visited earlier were only concerned about the conditions of ten people
held in police custody and not those thousands of people who are
threatened by the Maoists."
Whatever the argument, human rights abuses by the
Maoists cannot be an excuse to justify the human rights abuses by the
Nepalese Police. The law enforcement officials must uphold the rule of law
and abide by their constitutional obligations as well as obligations under
international human rights mechanisms. If law enforcement officials stoop
to the level of the armed opposition groups, there will be no distinction
between armed opposition groups and law enforcement officials.
Unfortunately, the Nepalese Police in Rolpa and Rukum districts have
stooped to the level of thuggery by indiscriminately torturing and
extrajudicially killing innocent people.
SAHRDC urges that there is no justification for the
violation of International Humanitarian Law that govern the conduct of
internal armed conflict. The armed opposition groups must also respect
such conventions and codes of conduct.
11.1 Human Rights
Abuses by the Maoists: Case Studies
The Case of Mr Bhupa Narayan Garti Magar and others
On 2 March 1996 at 2 am, there was blast at Mr Bhup
Narayan Garti Magar's water mill located at Sulichar, in Rolpa district.
Mr Magar, President of the Sulichar VDC, is a younger brother of the
Minister for Housing and Physical Planning, Mr Balaram Garti Magar.
After hearing the explosion, the villagers went to see
the commotion. Subsequently, there was another explosion near the house of
Mr Yam Prasad Subedi. In that explosion, Mr Magar, Mr Bishnu Prasad Paudel,
Bhajiman Budha and Maimali Buddha were injured. Mr Magar said that there
was also firing from nearby hills. Mr Paudel who hails from Sari in
Phyutan district, died on the spot.
The rest were severely injured and taken by helicopter
to Tribhuvan University Teaching Hospital in Kathmandu. Mr Magar who
received injuries in his stomach, neck and hands, succumbed to the
injuries on 5 March 1996.(24)
The Case of Mr Lal Bahadur Budha, 35 years,
Secretary of the Jailbang VDC, Rolpa district
On 16 February 1996, Mr Lal Bahadur Budha was on his
way to Libang from his village. Earlier, Mr Budha had received threats
from the Maoists not to work for any other party other than the SJM.
During the journey to Libang, he halted at Ghazal village at Rijhim and
slept at the house of Mr Bhim Bahadur Shresta.
The Maoists somehow came to know about his stay at Mr
Shresta's home. The Maoists with masks covering their faces attacked the
house at night. Mr Budha was dragged out by the Maoists. His legs were
placed over a rock and hit with a hammer. He was seriously injured and
taken to Dang hospital, as there were no doctors in Rolpa hospital. He had
to stay in Dang hospital for 16 days. When the SAHRDC researcher met him,
his left leg was still in plaster.
The Case of Mr Shana Garti, 52 years, farmer, Uwa
Village, 8 Majim Kharka, Rolpa
On 18 February 1996, around 40-50 Maoists attacked the
house of Mr Shana Garti at Uwa village. He was shot in the head but the
bullet missed him and he managed to survive. The Maoists looted all his
property and took away seven chickens.
On 11 April 1996, one alleged Maoist came to his
residence. The alleged Maoist wanted Mr Garti to accompany him outside to
discuss a certain matter. When Mr Garti went with the alleged Maoist, they
were joined by two other people who started quarrelling with him. He was
attacked with kukris and injured his left hand, right knee and head.
The Case of Mr Dil Bahadur Garti
Mr Dil Bahadur Garti was initially a member of the SJM.
When Mr Gharti later resigned from the SJM, the SJM threatened him with
dire consequences. On 3 March 1996, he went to work at Kardi III. At
night, he was sleeping with seven other people.
The Maoists came and using a flashlight, recognized Mr
Garti. They tortured him inhumanely. They gouged out his eyes, his hands
and legs were placed on stones and hit with a hammer. His legs and hands
were broken.
Upon killing Mr Garti, the Maoists proceeded to his
house. Mr Garti's wife, Ms Shana Garti told the SAHRDC researcher that,
"The Maoists also took away all the valuables and earrings which his
12 year old daughter was wearing." Mr Garti is survived by his wife
and five children.
The Case of Mr Gobgardan Kami
On the night of 8 March 1996, around 28 people with
black masks forcibly entered into the house of Mr Gobardhan Kami of Karua
village in Dadahgoan of Jhajharkot district. Forty year old Mr Kami and 38
year old Mrs Komeni Kami were beaten. Mr Kami's right hand and right leg
were fractured by the force of the hammer. He was also slapped and their
son was also beaten. Mr Kami was admitted to the District hospital at
Jhajharkot for treatment.
The Case of Mr Jit Bahadur Oli, 55 Years, Baphukhola
5, Salyan District
On 18 February 1996, Mr Jit Bahadur Oli, who is
President of Baphukhola VDC-5 and a RPP supporter, was attacked by 25
suspected Maoists. He was attacked with kukris and gun butts. While he was
being beaten, his son, Mr Ram Prasad Oli appeared with a country-made gun
and fired at the Maoists. The Maoists fled leaving behind Mr Jit Bahadur
Oli.
Mr Jit Bahadur Oli was however almost half dead. The
police were informed about the attack. On 20 February 1996, the Government
of Nepal sent a helicopter and Mr Oli was taken to Teaching Hospital in
Kathmandu for treatment. He received knife injuries on his head and right
leg, which also bore injuries from the gun butts.
The Case of Mr Jamlal Pun, 45 years, Marahbang VDC,
Rukum
On 17 February 1996, while 45 year old Mr Jamlal Pun
and his wife were sleeping in their house at Marahbang VDC of Rukum
district, the alleged Maoists wearing masks broke into the house. They
were beaten and injured. They were later taken to Kathmandu for treatment.
Description of the incidents which have occurred in
Rolpa district since 13 February 1996 as provided by the CDO, Rolpa:
List of persons who have died in attacks by Maoists
Serial No.
Name
Address
Date
Place of Death
1.
Mr Dil Bahadur Gharti
Huma VDC-9
27 February 1996
killed at home
2.
Majiman Budha
Telawang
2 March 1996
Bir Hospital
3.
Vishnu Poudel
Pyuthan Chari-2
2 March 1996
Sulichar Bazar
4.
Mr Dil Bahadur Gharti
Kareti-2
2 March 1996
Sulichar Bazar
List of persons who were injured in attacks by
Maoists in Rolpa District as provided by CDO, Rolpa:
Serial No. Name
of Injured
Address
Date
1.
Chinta Bahadur Rokha
Tewang-3
15 February 1996
2.
Chit Bahadur Rokha
Tewang-3
15 February 1996
3.
Gir Bahadur Rokha
Tewang-3
15 February 1996
4.
Dairaj Rokha Magar
Tewang-2
15 February 1996
5.
Lila Bahadur Rokha
Tewang-3
15 February 1996
6.
Top Bahadur Budathoki
Tewang-3
15 February 1996
7.
Krishna Bahadur Rokha
Tewang-2
15 February 1996
8.
Juman Singh Pun
Mijhing-8
15 February 1996
9.
Nar Bahadur Dangi
Ireewang-7
13 February 1996
10.
Shalik Ram Pun
Rangsi-1
13 February 1996
11.
Mrs Shalik Ram Pun
Rangsi-1
13 February 1996
12.
Jay Bahadur Gharti
Rangsi-6
13 February 1996
13.
Mrs Jay Bahadur Gharti
Rangsi-6
13 February 1996
14.
Khadak Bahadur Budha
Pachhawang-5 13 February 1996
15.
Surya Bahadur Dangi
Pachhawang-5 13 February 1996
16.
Nar Bahadur Oli
Pachhawang-5
13 February 1996
17.
Bir Bahadur Dangi
Pachhawang-5
13 February 1996
18.
Bal Bahadur Pun
Kureli-3
13 February 1996
19.
Ashok Bahadur Rokha
Jelwang-3
16 February 1996
20.
Dhan Singh Budha
Jelwang-5
16 February 1996
21.
Kamal bahadur Budha
Jelwang-7
16 February 1996
22.
Prasad Budha Magar
Jelwang-5
16 February 1996
23.
Daya Budha
Jelwang-5
16 February 1996
24.
Bagbir Pun
Jelwang-5
16 February 1996
25.
Aat Budha
Jelwang-4
16 February 1996
26.
Kesh Lal Budha
Jelwang-4
16 February 1996
27.
Farka Singh Rokha
Jelwang-4
16 February 1996
28.
Lal Bahadur Buda
Jelwang-4
16 February 1996
29.
Sarvajit Budha
Jelwang-4
16 February 1996
30.
Pesh Bahadur Pun
Jelwang-4
16 February 1996
31.
Jaya Dhan Budha
Uwa VDC-3 15
February 1996
32.
Ganga Bahadur Pun
Uwa VDC-3 15
February 1996
33.
Prem Kumar Pun
Uwa VDC-3 15
February 1996
34.
Bhim Bahadur Pun
Uwa VDC-3 15
February 1996
35.
Bahadur Singh Pun
Uwa VDC-3 15
February 1996
36.
Bhim Bahadur Watha
Pachhawang-6 17 February 1996
37.
Mrs Bhim Bahadur Watha Pachhawang-6
17 February 1996
38.
Daughter-in-law of Watha Pachhawang-6
17 February 1996
39.
Bhajbir Budha
Gam VDC-3
24 February 1996
40.
Kesh Man Gharti
Dhwang VDC-4
24 February 1996
41.
Ulbir Rokha
Dhwang VDC-4
24 February 1996
42.
Jeewan Rokha
Dhwang VDC-4
24 February 1996
43.
Prashanna Rokha
Dhwang VDC-4
24 February 1996
44.
Shreemati Lini Roka
Dhwang VDC-4 24 February 1996
45.
Mrs Dilu Gharti
Dhwang VDC-4
24 February 1996
46.
Uday Budha
Homa VDC-2
27 February 1996
47.
Mula Gharti
Homa VDC-2
27 February 1996
48.
Bhup Narayan Gharti Magar
Mijhing VDC-7
02 March 1996
49.
Maimali Budha
Gam VDC-9
02 March 1996
50.
Vishnu Poudel
Pyuthan Saree-2
02 March 1996
51.
Dhan Kumari Oli
Pachhawang-8
06 March 1996
52.
Lila Bahadur Budha
Gam VDC-1 21 March
1996
53.
Gothay Budha
Gam VDC-1
21 March 1996
54.
Khadke Budha
Gam VDC-1
21 March 1996
55.
Ahiwar Budha
Gam VDC-4
21 March 1996
56.
Bhaja Budha
Gam VDC-7
02 April 1996
57.
Shamser Budha
Gam VDC-7
02 April 1996
58.
Dhor Bahadur Khadka
Sirpa VDC-2 03 April 1996
59.
Chudamani Khadka
Sirpa VDC-2 03 April 1996
60.
Ishwar Bahadur Khadka
Sirpa VDC-2
03 April 1996
61.
Chitra Bahadur Khadka
Tewang VDC-8 03 April 1996
62.
Hom Bahadur Khadka
Sirpa VDC-2 03 April 1996
63.
Souney Budha (Vice Chairman SJM)
Gam VDC-5
04 April 1996
64.
Dal Bahadur Buda
Gam VDC-5 04 April
1996
65.
Dil Man Damai
Gam VDC-8
04 April 1996
66.
San Gharti
Uwa-8
04 April 1996
The NC and RPP Coalition Government have reacted
against the SJM's "People's War" by using excessive force.
Former Prime Minister Mr Girija Prasad Koirala stated that, "Some
foreign powers could be behind the on-going Maoist insurgency being waged
in different parts of the country."(25)
In the aftermath of the first phase of the
"People's War", the Government set up an all party Parliamentary
Committee in December 1995 to investigate alleged widespread human rights
abuses in Rolpa district. However, the NC and CPN (UML) representatives
held divergent views. The Government has taken no initiative to
investigate the human rights abuses.
After the Maoists started the second phase of the
"People's War" on 13 February 1996, the Nepalese Government sent
reinforcements of 1,566 Police Personnel to Rukum, Rolpa, Jajarkot, Salyan,
Gorkha, Sindhulpalchowk and Sindhuli districts.(26)
New police posts, some of which were temporary, were created and more
police personnel were deployed. According to SP Mr K B Thapa, the number
of Police Personnel deployed in Rolpa increased threefold since 13
February 1996, and the Police administration added eight additional
temporary Police posts.
The Government of Nepal also deputed new police
officers to run operations against the Maoists. On 3 March 1996, SP Mr K B
Thapa was sent to Rolpa to oversee the operations. SP Mr K B Thapa, who
claimed to be a counter-insurgency expert, served with the United Nations
Peace Keeping Operation in Haiti before he was recalled and sent to Rolpa.
According to SP Mr K B Thapa, since his arrival and the
beginning of the current police operation, there has been a major infusion
of new technology in Rolpa. Radio communications, telephones and vehicles
have been provided to the police. All other districts have also been
provided with similar facilities.
According to Mr Shriman Shresta, the Government of
Nepal is all set to bring out an anti-terrorist act entitled, 'Bhidhangshakari
Apradh Tatha Aatankari Gatividhi Niyantran Ain' (Destructive Offences
and Terroristic Activities Control Act)" to counter the Maoists. It
is the revised version of the Destructive Offenses Act, 1986
which was earlier repealed by the same Government.
The CPN (UML) has adopted a two pronged policy. It has
condemned the Government for atrocities being committed in the name of
countering the Maoists. At the same time, it has stated that, "the
situation is not favorable for "People's War."
Other leftist political parties also condemned the
"People's War" by the CPN (Maoist). The CPN (Unity Centre)
termed the "People's War" as an, "ultra-leftist
extravaganza initiated without taking the circumstances into
consideration."(27)
Prime Minister Sher Bahadur Deuba called an all-party
meeting on 5 March 1996 to discuss the Maoist problem.(28)
Although the UML and other left political parties have been demanding a
political solution to the crisis, a political solution remains elusive as
none of the parties are clear about the demands of the Maoists except for
the fact that the Maoists seek to establish naulo janbad by
changing the present multi-party system of Nepal.
It is interesting to note the reaction of the Communist
parties in Nepal. In June 1993, the CPN (UML) showed its capacity to
disrupt the functioning of the Government when the NC Government released
its findings of the deaths of two UML leaders who had been killed in an
accident. However, when the Government forces killed more than two dozen
people in Rapti region, the Communists remained relatively silent. The
difference in ideology, between Marxist-Leninist and Maoist seems to have
further widened the gap between Kathmandu and the remote areas of Rolpa
and Rukum.
In the aftermath of the Maoist uprising, the Nepalese
Government formed the Village Security Council which according to DIG Mr R
B Thapa, serves "to fill the vacuum of the lack of information."
Since people are reluctant to provide information because of their fear of
the Maoists, the Village Security Council which is made up of
representatives from the political parties, provides information to the
police.
Raids in the villages were conducted by the Nepalese
Police in collaboration with members of the NC and RPP. The Maoists view
them as police informers and these alleged informers are consequently
first on the Maoist's hitlist. DIG Mr R B Thapa admits that, "The
first target of the Maoists were the Nepali Congress activists, Rashtriya
Prajathantra Party workers, former SJM members and the bourgeoisie. Their
new targets are the police informers." Hence, a vicious circle of
violence is being created by conducting raids with the NC members and the
RPP activists.
When the SAHRDC researcher and his colleagues requested
a meeting with the SP and DSP, they were told to return after one hour.
Upon returning to the police station, the SAHRDC researcher and his
colleagues found Mr Leknath Acharya and Mr Dalbir Pun of the RPP waiting
for them at the police station along with 10-15 alleged victims of Maoist
atrocities who had been assembled by the police to give testimony.
Prison conditions throughout Nepal are deplorable. With
the sudden explosion of the number of illegal detainees across Rolpa and
Rukum, the jails lack the facilities to cope up with the situation.
On 18 April 1996, the SAHRDC researcher visited Libang
Jail in Rolpa district. The Jail, which appears more like a garage, is
located in a dilapidated building. The conditions are such that it is not
even equipped with adequate chairs for the staff. When the SAHRDC
researcher met the staff at 10.45 am. they were playing carom.
The SAHRDC researcher was not allowed to interview any
of the prisoners nor visit the inside of the jail. According to Jail
authorities, Libang Jail houses 66 prisoners, of which 58 are men and 8
are women. The Jail, which has two wards, can accommodate 30 people in one
ward, state Jail authorities.
Female and male prisoners are segregated in two wards.
According to staff, 48 men were kept in the men's ward and ten of them
were later transferred to women's ward.
Prisoners in Nepal are divided into two classes.
Political prisoners are classified as "A" class prisoners, while
those imprisoned for criminal offences are classified as "B"
class prisoners. A majority of detainees have been classified as B class
prisoners despite the fact the majority have been arrested for their
political persuasion.
The SAHRDC researcher raised concern about prison
conditions with Mr Shriman Shresta of the Home Ministry in Kathmandu on 22
April 1996. In 1990, the NC Government commissioned a study on Jail
Reforms headed by NC Leader, Bhadri Ram Bhandari. The report was submitted
and has been gathering dust ever since. "The Government does not have
the resources to implement the Commission's recommendations,"
candidly admits Mr Shresta.
Total no of detainees at Libang jail who were
arrested in the aftermath of the Maoist uprising as provided by the jail
authorities on 18 April 1996:
Serial No.
Name & Address
Charges
Date of Arrival
1.
Balak Ram Budha, Shivagari, Kapila Bastu
Explosives
19 March 1996
2.
Vinod Sharma Laxmipur, Dhang
attempt to murder (Halori case)
22 March 1996
3.
Lila Bahadur Pun Jankot VDC, Rolpa
attempt to murder (Halori case)
22 March 1996
4.
Lal Bahadur Garti Jankot VDC, Rolpa
attempt to murder (Halori case)
22 March 1996
5.
Dhan Bahadur Garti Magar Jankot VDC, Rolpa
attempt to murder (Halori case)
-
6.
Ganga Ram Pun Magar Jankot VDC, Jankot
attempt to murder (Halori case)
-
7.
Jan Singh Pun Magar Jankot VDC Jankot
attempt to murder (Halori case)
-
8.
Kul Bahadur Garti Magar Kotgaon VDC, Rolpa
attempt to murder (Halori case)
-
9.
Govinda Garti Magar Kotgaon VDC, Rolpa
attempt to murder (Halori case)
-
10.
Lal Bahadur Garti Magar Kotgaon VDC Rolpa
attempt to murder (Halori case)
-
11.
Dil Bahadur Garti Magar Kotgaon VDC, Rolpa
attempt to murder (Halori case)
-
12.
Chandra Bahadur Garti Mager,
attempt to murder (Halori case)
11 April 1996
13.
Man Bahadur Budha Libang
attempt to murder (Halori case)
11 April 1996
14.
Madan Kumar Sharma, Head Master, Thabang High School
attempt to murder (Halori case)
11 April 1996
15.
Kumar Budha Gama VDC, Rolpa
Explosives
25 March 1996
16.
Gan Bahadur Budha Pachaban VDC, Rolpa
Public Safety Act
26 March 1996
17.
Ms Kalpana Rokha Pachaban VDC, Rolpa
Public Safety Act
26 March 1996
18.
Dhan Bahadur Budotoki Pachaban VDC, Rolpa
Public Safety Act
26 March 1996
19.
Lal Bahadur Bhista Pachaban VDC, Rolpa
Public Safety Act
31 March 1996
20
Bhim Bahadur Rokha Mirul VDC, Rolpa
Dacoity
3 April 1996
21.
Narendra Thapa Khumel VDC, Rolpa
attempt to murder
3 April 1996
22.
Man Singh Pun Tebang VDC, Rolpa
attempt to murder
5 April 1996
23.
Ms Pipala Pondha Gama, VDC
possession of arms
5 April 1996
24.
Bala Ram Rokha Seram VDC, Rolpa
Explosives
7 April 1996
25.
Ram Bahadur Rokha Seram VDC, Rolpa
Explosives
7 April 1996
26.
Ms Sun Kumari Budha Bhabang VDC
Public Safety Act
16 April 1996
27.
Buddhi Prakash Garti Magar, Bhabang VDC
Public Safety Act
16 April 1996
28.
Pradip Garti Magar Bhabang
Public Safety Act
16 April 1996
29.
Ms Ganga Kumari Budha Bhabang
Public Safety Act
16 April 1996
30.
Sher Bahadur Budha Pachabang
Explosives
17 April 1996
31.
Gan Bahadur Budha Dhabang (President of the VDC)
attempt to murder 17 April
1996
32.
Japan Prasad Budha Dhabang VDC
attempt to murder
17 April 1996
33.
Tek Bahadur Rokha Rangchi VDC, Rolpa
attempt to murder
18 April 1996
34.
Jaggu Prasad Subedi* Libang, Rolpa
attempt to murder (Halori case)
-
35.
Kirti Man Kami* Homa, Libang Rolpa
attempt to murder (Halori case)
-
* transferred to Tulsipur jail.
It is often observed that national governments suspend
fundamental rights during periods of emergency. Article 4.1 of the
International Covenant on Civil and Political Rights (ICCPR) allows State
parties to the Covenant in time of public emergency which threatens the
life of the nation, to take "measures derogating from their
obligations under the present Covenant to the extent strictly required by
the exigencies of the situation, provided that such measures are not
inconsistent with their other obligations under international law and do
not involve discrimination solely on the ground of race, colour, sex,
language, religion or social origin".
The most striking feature of the Constitution of Nepal
is to how it provides constitutional safeguards against the infringement
of the fundamental rights of citizens but suspends all these safeguards
through another provision even in a normal situation.
Article 14 of the Constitution of Nepal relating to the
Right Regarding Criminal Justice provides that:
1. No person shall be punished for an act, which was
not punishable by law when the act was done, nor shall any person be
subjected to a punishment greater than that prescribed by the law in
existence at the time of the commission of offence.
2. No person shall be prosecuted or punished more than
once for the same offence in a Court of Law.
3. No person accused of any offence shall be compelled
to be a witness against himself.
4. No person, who is detained during investigation or
for trial or for any other reason, shall be subjected to physical or
mental torture nor shall he be given any cruel, inhuman or degrading
treatment. Any person so treated shall be compensated in the manner
determined by law.
5. No person, who is arrested, shall be detained in
custody without being informed at the earliest of the grounds of such
arrest nor shall he be denied the right to consult and be defended by a
legal practitioner of his choice. Explanation: For the purpose of this
Clause, the word "legal practitioner" shall mean any person who
is authorized by law to represent any other person in any Court.
6. A person, who is arrested and detained in custody,
shall be produced before a judicial authority within twenty-four hours of
such arrest, excluding the period of journey from the place of arrest to
such authority, and no such person shall be detained in custody beyond the
said period except on the order of such authority.
7. Nothing provided in Clause 5 and 6 shall apply to a
citizen of any enemy State, and nothing provided in Clause 6 shall apply
to a person who is arrested or detained under a law providing for
preventive detention.
Although, the Constitution of Nepal provides guarantees
for fair criminal justice, preventive detention under Article 14 (7) has
been made a part of fundamental rights in the Constitution. Under normal
circumstances, preventive detention laws which have been a part of the
monarchical Panchayat administrative system allow incommunicado detention.
Article 14 (7) is contradictory to its earlier provisions and undermines
the spirit of democracy, human rights and fundamental freedoms.
Article 14 (3) also provides that: "No person
accused of any offence shall be compelled to be a witness against
himself". However, it fails to specifically mention that confessions
taken under duress whilst in custody will be inadmissible.
Nepal is a signatory to all the major international
human rights instruments such as International Covenant on Economic,
Social and Cultural Rights, ICCPR, United Nations Convention Against
Torture, United Nations Convention on the Rights of the Child, United
Nations Convention Against Discrimination of Women and United Nations
Convention on Elimination of Racial Discrimination. While ratification is
an important step in terms of recognizing international obligations, mere
ratification itself is meaningless without corresponding amendments in the
National Constitution and domestic laws. Nepal's ratification of various
international instruments seems to be more of a gesture of euphoric spirit
after the restoration of democracy in 1990 than the establishment of a
genuine accountability process for the promotion and protection of human
rights. This is evident from the chapter on Impunity in Nepal in this
report.
It is not poverty in Nepal which hampers the
realization of civil and political rights. Rather, it is the lack of
political will cutting across the partylines to bring in necessary
constitutional changes to establish the accountability process. The
Government of Nepal like other governments, is obliged to respect
internationally recognized human rights standards and is responsible for
the human rights abuses committed by its armed forces and police
personnel.
Article 6 of the ICCPR provides that the right to life
is non-derogable under any circumstances including emergency. Article 4
and 7 of the ICCPR further prohibits torture under any circumstances.
Article 2 of the Convention Against Torture provides
that:
1. Each State Party shall take effective legislative,
administrative, judicial or other measures to prevent acts of torture in
any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a
state of war or a threat of war, internal political instability or any
other public emergency, may be invoked as justification of torture.
3. An order from a superior officer or a public
authority may not be invoked as a justification of torture.
Despite this, from the evidence gathered by SAHRDC
shown in this report, the Nepalese Police operating in the Rolpa region
have systematically violated these fundamental norms of international
human rights law. Mr Jaggu Prasad Subedi, President of Rolpa District
Development Committee, was apparently tortured under the instructions of
the political leadership. Many were extrajudicially executed.
The Common Article 3 of the Fourth Geneva Conventions
applies to the situation of armed conflict, which does not necessarily
threaten the security of the State. It provides that:
1. Persons taking no active part in the hostilities,
including members of armed forces who have laid down their arms and those
placed hors de combat by sickness, wounds, detention, or any
other cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, color, religion or faith, sex, birth
or wealth, or any other similar criteria.
To this end, the following acts are and shall remain
prohibited at any time and in any place whatsoever with respect to the
above-mentioned persons:
a. violence to life and person, in particular murder of
all kinds, mutilation, cruel treatment and torture;
b. taking of hostages;
c. outrages upon personal dignity in particular
humiliating and degrading treatment;
d. the passing of sentences and the carrying out of
executions without previous judgment pronounced by a regularly constituted
court, affording all the judicial guarantees which are recognized as
indispensable by civilized peoples.
2. The wounded and sick shall be collected and cared
for.
The application of Common Article 3 is absolute to all
parties in the conflict including the armed opposition groups such as the
SJM. Its application is also independent of other parties. Hence, no party
in the conflict can excuse itself for not applying Common Article 3 on the
ground that other parties fail to apply it.
Not withstanding the neglect, repression and lack of
development of the Rapti region, particularly of Rolpa and Rukum
districts, the lack of an accountability process and impunity for the
Police Personnel has been responsible for the gross and flagrant human
rights violations in the last six months. During the Panchayat regime, the
Police was the main component of the administrative system to suppress any
dissent with sheer brute force. They were given license to violate human
rights and fundamental freedoms with impunity. The Muluki Ain permitted
illegal detention and granted impunity in letter and spirit. There was no
law to prosecute the torturers and murderers belonging to the police. The
democratic Government could not prosecute civil servants and police
officials who were responsible for killing 45 people and injuring 2300
people during the pro-democracy uprising as identified by the Mallik
Commission.
It is a matter of grave concern that after five years
of democracy and decades of repression at the hands of the Monarchy, there
are no laws to this day to prosecute the torturers and killers amongst
Police Personnel. Due to the lack of political will and absence of legal
procedures, the human rights violators in the Rapti region are unlikely to
be prosecuted.
Nepal is a signatory to the United Nations Convention
Against Torture, International Covenant on Civil and Political Rights,
International Covenant on Economic, Social and Cultural Rights, United
Nations Convention Against Elimination of All Forms of Discrimination
Against Women, United Nations Convention on the Rights of the Child. These
mechanisms provide specific guidelines for protection of human rights and
fundamental freedom.
In addition to these Conventions and Covenants, there
is a set of practical and detailed safeguards of universal application,
which any nation attempting to strenthen the democratic institutions and
accountability process can refer to. These include the United Nation's
Body of Principles for the Protection of All Persons Under Any Form of
Detention or Imprisonment; the Standard Minimum Rules for the Treatment of
Prisoners; the Code of Conduct for Law Enforcement Officials; the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials;
and the Principles on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Execution.
South Asia Human Rights Documentation Centre (SAHRDC)
suggests that the Government of Nepal make all these texts available to
all law enforcement personnel in their own language. That these
international texts be made a primary component of their regular training
programs.
The effective implementation of these safeguards will
depend in part on whether the victims of human rights abuses and their
relatives and the people of Nepal in general and international community
get to know about the political will of the Government of Nepal to respect
them.
The Maoists belonging to the Samyukta Jana Morcha
(SJM) have also systematically violated international humanitarian law by
engaging in extrajudicial executions, torture and assaults on civilians.
In the light of the United Nations Conventions,
Covenant and Principles and international humanitarian laws, SAHRDC makes
the following recommendations.
Recommendations on Respect for International
Humanitarian Law:
The Samyukta Jana Morcha and the Nepalese
Police should abide by the provisions of Common Article 3 of the Geneva
Conventions. SAHRDC condemns the acts of violence committed by SJM cadres
on civilians.
The International Committee of the Red Cross (ICRC)
should be given access to all detainees.
Recommendations Relating to the Enforcement of
Safeguards Against Human Rights Violations:
The Government of Nepal should order judicial inquiries
for all allegations of serious human rights violations that have occurred
in the wake of the Maoist uprising, including those, which took place
under previous governments. The findings of all such investigations should
be made public in full.
The Government of Nepal should take action against all
those who are found guilty, including those who may have given orders, by
the inquiry commissions.
The Government of Nepal should establish an accessible
complaints procedure and an independent and impartial mechanism to enable
prompt and effective investigation of any future allegations of serious
human rights violations. Specific criteria should be established for the
composition, terms of reference and procedure of Commissions of Inquiry.
The Government of Nepal should provide the right to
effective judicial remedy to all victims of human rights violations.
The Government of Nepal should ensure non-interference
of any of its officials, political leaders or other agents in the judicial
process, in order to ensure complete independence of the judiciary. The
Government of Nepal should ensure the effective implementation of existing
legal and procedural safeguards in all circumstances. Instructions should
be issued that failure to implement legal safeguards will lead to criminal
prosecution.
The Government of Nepal should make necessary changes
in the Constitution of Nepal to ensure that those fundamental human
rights, which are deemed non-derogable in international law, are fully
protected in Nepali law.
The Government of Nepal should instruct its security
forces to strictly abide by the United Nations Code of Conduct for Law
Enforcement Officials whilst in operation.
The law enforcement personnel must have access to human
rights education. The Government of Nepal, if necessary should seek
assistance from the United Nations Centre for Human Rights. The Government
should ensure that the security forces are fully aware of the human rights
of citizens, through the establishment of a regular training in
international human rights standards and in related Nepali law.
Recommendations on the Prevention of Torture:
As a party to the Convention against Torture, the
Government of Nepal should enact legislation, which makes torture criminal
offence and gives victims or their families the enforceable right to fair
adequate compensation and rehabilitation.
As a party to the Convention Against Torture, the
Government of Nepal should ensure impartial investigations whenever there
is reasonable ground to believe that an act of torture or cruel, inhuman
or degrading treatment or punishment has been committed as required under
Article 12 of the Convention.
The Government should pass the legislation relating to
the right to compensation pending with a committee in the Parliament after
consultation with Non-Governmental human rights organizations.
The Government of Nepal should make torture and
ill-treatment of suspects or innocents by the law enforcement personnel a
criminal offence. All those who give orders for such action will also be
considered as accused and ensure that orders from a superior are no
defence or justification for torture. To this end, the Government must
establish a law relating to the right to refuse to obey orders without the
fear of punishment or dismissal, where those orders involve a violation of
human rights. This right to refuse should be specifically incorporated in
training programs for all personnel involved in the care of detainees.
The Government of Nepal should end the practice of
incommunicado detention by implementing and ensuring the right of prompt
and regular access to lawyers, doctors, human rights NGOs and the right to
be visited by relatives.
The Government of Nepal should ensure that doctors and
other medical personnel working for the police are regularly informed of
international ethical and medical standards relating to medical police
work, and of their rights and obligations under these standards. The
United Nations Principles of Medical Ethics provide useful guidelines.
As required by the Convention Against Torture (Article
11), the Government of Nepal should systematically review interrogation
rules, instructions, methods and practices related to detention and
treatement of detainees, with a view to preventing any cases of torture.
Confessions made to police officials in the absence of
a judicial magistrate should be considered inadmissible as evidence.
The Government of Nepal should extend an invitation to
the United Nations Special Rapporteur on Torture.
Recommendations on Protection of the Right to Life
Including the Extrajudicial Killings:
The Government of Nepal should order judicial inquiries
into all allegations of violations of the right to life. Judicial
inquiries be completed within a specified time period and reports of the
Inquiry Commissions be made public in full.
The Government of Nepal should consider ratification by
Nepal of the Second Optional Protocol to the International Covenant on
Civil and Political Rights as a priority.
The Government of Nepal should implement United Nations
Principles on the effective prevention and investigation of extra-legal,
arbitrary and summary executions;
The Government of Nepal should ensure that post-mortem
is a must in all cases of extrajudicial killings or death in suspicious
circumstances and also ensure that post mortem examinations are carried
out independently of anyone implicated in the death; and allow the
presence during examination of a medical or other representative of the
family of the deceased. The Government of Nepal should also ensure that
the next kin of the victims are provided a copy of the post mortem report.
The Government of Nepal should extend an invitation to
the United Nations Special Rapporteur on Summary, Arbitrary and
Extrajudicial Executions.
Recommendations on the Prevention of Arbitrary
Arrest and Detention:
The Government of Nepal should ensure that all
arbitrary arrests and detentions are made subject to full and effective
judicial control. Arrested persons be informed immediately of the charges
against them and of their legal rights.
The Government of Nepal should strengthen and enforce
the safeguards existing in Nepalese law which protect detainees from
torture. The safeguards should include the requirement that all detainees
be brought before a magistrate or other judicial authority empowered to
review the legality of the arrest within 24 hours of arrest, and that all
detainees have immediate and regular access to lawyers, family members and
medical care.
The Government of Nepal should ensure that illegal
pre-trial detention is made a criminal offence.
The Government of Nepal should make it a legal
obligation on the detaining authorities to inform the family of the
detainee promptly after arrest about the whereabouts and legal status of
the detainee, and thereafter of any transfers. Under no circumstances
should detainees be held in incommunicado detention, unknown to their
families.
The Government of Nepal should ensure that detaining
authorities in police stations and prisons at all times maintain an
up-to-date register of all those detained on the premises, including
details of transfer or release. Such registers should be regularly
inspected by higher authorities and should be open to public inspection.
The Government of Nepal should take measures to ensure that
non-maintenance of up-to-date register is made a criminal offence.
The Government of Nepal should ensure that all those
who do not speak in Nepali as their mother tongue are provided with
interpretation facilities and all the victims are allowed to testify or
defend their cases in their own dialect.
The Government of Nepal should amend the Public
Offences Act and Public Security Act in cooperation with the legal
professionals and human rights activists.
All those arrested under the Public Offences Act in the
wake of the Maoist uprising should be released immediately.
The Government of Nepal should ensure that all
detainees have prompt access to a lawyer of their choice and receive a
prompt and fair trial according to international standards.
The Government of Nepal should extend an invitation to
the members of the United Nations Working Group on Arbitrary Detention.
Mr Kumar Prasad Gayawali, His Excellency Acting Foreign
Secretary, 21 April 1996.
Mr Dinesh Bhattarai, Head of South Asia Desk, Nepal's
Ministry of Foreign Affairs, 21 April 1996.
Mr Ganesh Bhattarai, Joint Secretary (Police, Prison
and Administration), 21 April 1996.
Mr Shreeman Shresta, Joint Secretary (Legal Division),
Nepal's Ministry of Home Affairs, on 22 April 1996.
Mr Veerandra Kishore Pokhrel, 22 April 1996.
Mr Ram Bahadur Thapa, Deputy Inspector General of
Police, Mid-Western Regional Police Office, Nepalganj, 20 April 1996.
Mr Govinda Khanal, Chief District Officer, Libang, 18
April 1996.
Mr Krishna Bahadur Thapa, Superintendent of Police in
charge of operations in Rolpa district, 18 April 1996.
Mr Jit Bahadur Pun Magar, Deputy Superintendent of
Police, Rolpa district, 18 April 1996.
Mr Dalbir Pun, District Secretary of the Rashtriya
Prajathantra Party, Rolpa, 18 April 1996.
Mr Leknath Acharya, Vice President of the Nepali
Congress in Rolpa district, 18 April 1996.
Mr Ram Bahadur Khadka, Chief District Officer of Dang
District.
Mr Rishikesh Saha, 21 April 1996.
CDO
Chief District Officer
CPN
(M)
Communist Party of Nepal (Maoist)
CPN (UML)
Communist Party of Nepal (United Marxist Leninist)
Dacoity
armed robbery
DIG
Deputy Inspector General of Police
DSP
Deputy Superintendent of Police
Jan
Morcha
Samyukta Jana Morcha
Kukri
A Nepalese dagger
lathi
A weighted cane, bamboo or wooden stick used by law
enforcement personnel
NC
Nepali Congress
NGO
Non-Governmental Organization
RPP
Rashtriya Prajathantra Party
SAHRDC
South Asia Human Rights Documentation Centre
SJM
Samyukta Jana Morcha
SP
Superintendent of Police
UML
United Marxist Leninist
VDC
Village Development Committee
1. A religious festival celebrated in Nepal.
2. "Rolpa Incident" in International
Solidarity published by Group for International Solidarity in Nepal on 10
December 1995.
3. Sisne and Jaljala are two mountains in Rolpa and
Rukum districts.
4. "Rolpa Incident" in International
Solidarity published by Group for International Solidarity in Nepal on 10
December 1995.
5. "Rolpa Incident" in International
Solidarity published by Group for International Solidarity in Nepal on 10
December 1995.
6. For details, please see Human Rights Abuses by the
Maoists later in this report. 7. Press statement of Dr Baburam Bhattarai,
one of the leaders of the Maoist uprising on 14 March 1996.
7. Press Statemdnt of Dr Baburam Bhattarai, one of the
leaders of the Maoist uprising on 14 March 1996.
8. The General Elections of May 1991 by John Whelpton
in "Nepal in the Nineties" edited by Micheal Hutt, Oxford
University Press, Delhi 1993.
9. The term, " Naxalites", was derived from
the town of Naxalbari in North Bengal, India. The Indian Maoists started
their attempt at armed revolution from here in 1967. The term, "Naxalites,"
is now used for Maoist peasant insurgents in many parts of South Asia.
10. Encounters killings are the South Asian euphemism
for extrajudicial killings.
11. The Kathmandu Post, Kathmandu, Nepal, 6
January 1996.
12. The Kathmandu Post, Kathmandu, Nepal, 4
January 1996.
13. The Kathmandu Post, Kathmandu, Nepal, 4
January 1996.
14. From the personal diary of Mr Tika Ram Rigme.
15. The Mullayankan, Kathmandu, 2052-53,
Chaitra-Baisak/13 (March-April 1996).
16. Report of a joint mission by CVICT, INHURED
INTERNATIONAL, INSEC and Mr Lekhnath Bhandari to Rukum district from 14-24
March 1996.
17. The Mullayankan, Kathmandu, 2052-53,
Chaitra-Baisak/13 (March April 1996).
18. Human Rights in Developing Countries YearBook 1993
by Nordic Human Rights Foundation, Oslo, Norway 1993.
19. Interview with Mr Veerendra Keshori Pokhrel on 22
April 1996.
20. The Kathmandu Post, Kathmandu, Nepal, 4
March 1996.
21. The Kathmandu Post, Kathmandu, Nepal, 1
March 1996.
22. The Mullayankan, Kathmandu, 2052-53
Chaitra-Baisak/13 (March-April 1996).
23. Gemini News published in Kuensel, Thimpu, Bhutan,
13 April 1996.
24. The Kathmandu Post, Kathmandu, Nepal, 4
& 6 March 1996.
25. The Kathmandu Post, Kathmandu, Nepal, 11
March 1996.
26. The Kathmandu Post, Kathmandu, Nepal, 22
February 1996.
27. The Kathmandu Post, Kathmandu, Nepal, 1
March 1996.
28. The Kathmandu Post, Kathmandu, Nepal, 5
March 1996.
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