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Nepal's
Civil War: United Nations & Human Rights
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Death
in custody of Maina Sunuwar |
22
February 2007 OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS IN NEPAL
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High
Commissioner Tables Report on the Human Rights Situation and the Activities
of her Office in Nepal to the Human Rights Council |
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The
High Commissioner's report points out that while the human rights provisions
in the CPA are to be welcomed, the Agreement does not contain specific
measures for their implementation. While both parties have made full commitments
to respecting human rights in previous agreements and understandings, implementation
has been poor. Lack of accountability for past serious human rights violations,
including killings and disappearances by the Nepal Army, remain among OHCHR's
main concerns. The Army leadership has informed this Office that it is
tackling the question of accountability. However, OHCHR remains deeply
critical of the lack of transparency and impartiality of military probes
and the continued impunity enjoyed by most perpetrators, with risk of threats
to those who try to pursue justice. |
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Louise
Arbour
UN
High Commissioner
for
Human Rights |
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For
instance, in December 2006, OHCHR published The Torture and Death in Custody
of Maina Sunuwar: Summary of Concerns, a report Publicationing obstacles to
justice in the case of Maina, the 15-year-old girl killed within hours
of her arrest in 2004 by the Nepal Army. During her visit here in January,
the High Commissioner discussed the case with the Home Minister and COAS
and later reported, "I was informed that orders will be given to launch
a thorough police investigation, with the full cooperation of the Nepal
Army, to clarify the circumstances of her death so that those responsible
can be held accountable."
In
fact, the Nepal Army has failed to provide us copies of any court of inquiry
(investigation) reports or court martial judgments relating to human rights
violations involving the NA, contrary to our Agreement with the Government.
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The
torture and death in custody of Maina Sunuwar
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Summary
of concerns
December
2006
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| Maina
Sunuwar, a 15year old girl, was allegedly tortured and died in the custody
of the (Royal) Nepalese Army (NA) in February 2004 at the Birendra Peace
Operations Training Centre in Panchkhal, Kavrepalanchowk District. |
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Her
body is reportedly buried at the centre, where members of the NA are given
training before being deployed on UN peacekeeping missions. As with other
cases of human rights abuses, OHCHR has persistently advocated that those
responsible be held fully accountable, and has Publicationed attempts to seek
justice for the alleged torture and subsequent death of Maina Sunuwar. In
September 2005, after intense public and international pressure, three
NA officers were brought before a Court Martial and sentenced to a mere
six months imprisonment for failing to follow proper procedures when disposing
of Maina Sunuwar's body. In spite of many requests, the NA has consistently
refused to disclose to OHCHR the nature of the charges that led to this
sentence, or provide copies of any Publications relating to the Court of Inquiry
or Court Martial. It has also refused to cooperate with police investigations
launched after a First Information Report (FIR) was filed on the grounds
that those responsible had already been tried. At the same time, police
have been reluctant to proceed with investigations which could lead to
prosecution in a civilian court.
OHCHR
maintains that justice has not been done in this case. It believes that
police should carry out a full investigation into the alleged torture and
death of Maina Sunuwar, with collaboration from the NA, and that the officers
and soldiers alleged to be responsible should be brought before an independent
civilian court. The lack of progress in this case and the lack of transparency
on the part of the NA, Publicationed below, illustrate the many obstacles
that victims of human rights violations or their relatives still face when
seeking redress. They also raise serious concerns about the apparent lack
of political will on the part of the Government to hold accountable members
of the security forces suspected of involvement in human rights violations.
OHCHR believes that such prosecutions would be mutually beneficial for
both victims and for the security force institutions, and help to restore
confidence in the rule of law in Nepal.
| Source:
Office of the High Commissioner for Human Rights in Nepal, February 2007 |
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OHCHR-Nepal
insists on full investigation of Maina Sunuwar case following exhumation
of remains
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24
March 2007
A
team from OHCHR-Nepal on Friday monitored the exhumation of the remains
thought to be those of Maina Sunuwar, the 15-year-old girl who was allegedly
tortured and died in the custody of the (Royal) Nepalese Army (NA) in February
2004. The team was accompanied by an international forensic expert, who
assisted forensic pathologists from the Department of Forensic Medicine
at the Teaching Hospital in the exhumation after an offical request was
received.
The
remains were exhumed from the grounds of the NA's Birendra Peace Operations
Training Centre in Panchkhal, Kavre District , where military personnel
are trained before being deployed on UN peacekeeping missions.
The
exhumation marks a crucial step in the criminal investigation launched
by police into the girl's death, which has been stalled for many months
due to the NA challenging the jurisdiction of civilian authorities over
the case as well as the reluctance of authorities to proceed with an investigation.
As
part of a court martial, the NA in September 2005 found three military
personnel guilty of failing to dispose of the body properly. However, details
regarding the court martial and the NA's court of inquiry investigation
that preceded it have never been made public. The NA has also failed to
provide court of inquiry and court martial Publication to OHCHR despite
repeated requests.
While
the exhumation is a positive development, it is essential that police complete
a thorough investigation, with full cooperation from the NA. During her
visit to Nepal in January, the High Commissioner for Human Rights, Louise
Arbour, received assurances from the NA Chief of Staff and the Home Minister
that an investigation would be carried out without delay.
"The
exhumation Friday of remains thought to be those of Maina Sunuwar marks
a crucial step forward in the quest for justice for her alleged torture
and death. A full criminal investigation by police must now proceed to
determine who was responsible and to hold them fully accountable," said
Sandra Beidas Officer In Charge of OHCHR-Nepal.
| Source:
Office of the High Commissioner for Human Rights in Nepal, March 2007 |
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