The International Committee of the Red Cross (ICRC): ICRC suspends visits to army detention centres June 2005

June 2005, IRIN News report

The International Committee of the Red Cross (ICRC) has put on hold visits to detainees at army barracks throughout Nepal. The suspension comes after the Royal Nepali Army (RNA) allegedly failed to comply fully with the terms of an agreement with the ICRC regarding what are called 'worldwide working modalities.'

These are carefully worded conditions, set down by the Swiss-based organisation, that virtually abstain from making any direct statement against state authorities or other parties to any conflict. The current difficulties centre on the detention of Nepal's Maoist insurgents.

"We have visited persons detained by the RNA since December 2002 and we had some problems as far as the respect of the ICRCs worldwide working modalities for and with detainees are concerned," Friedrun Medert, ICRC's delegation head in the Himalayan kingdom, told IRIN. "We have discussed these problems with the RNA and we felt that the steps it took were not sufficient to redress the situation," Medert added.

As in other locations where the ICRC operates, the Nepal office states that it has never violated the principle of confidentiality governing their work in places of detention. Under its standard working conditions, the ICRC is allowed to inspect all the premises of a building where a prisoner is kept, meet every detainee, register their names and speak with them in private. The ICRC will offer detainees the opportunity to exchange messages with their families. It is also allowed to make repeated visits to the same centre to check if detainees have been put under any pressure following visits by ICRC team members.

Medert described these working conditions as a "package deal" and refused to go into details as to which one of these modalities was not being respected by the RNA. ICRC deals directly with the highest army authorities to present its findings with the aim of improving the situation of the detainees and ensuring that they are protected from disappearance, abuse, torture or psychological anxiety. It does not question the right of the authorities to detain someone but underlines that, whilst in custody, they must be treated humanely and according to the spirit and the letter of the Geneva Conventions.

"The RNA knows that we work in a confidential way which means that our findings are shared with the detaining authorities only. We do not know the reasons why our cooperation was at times hampered," the ICRC official explained.

Even now, the ICRC continues to visit detainees in district and central jails, police stations and rehabilitation centres of former Maoists who have surrendered to the army. Yet the suspension of visits to army barracks is becoming a matter of serious concern among human rights activists and particularly families of detainees who depend on the ICRC to receive updated information about their relatives in army custody.

Although the ICRC has experienced problems in the past with the army, this is the first time that it has decided to temporarily halt visits to army barracks. However, according to the organisation, the army has responded positively to the decision, reportedly setting up a working group with the ICRC to discuss violations of the Geneva Conventions inside military detention places and to build a sound basis for a better working relationship in the future.

"We feel that we need to take a creative break so that we can discuss in depth with the highest level of the RNA to have a more solid cooperation in the future," explained the ICRC official.

There is continuing uncertainty as to when ICRC will resume visits to army barracks. Earlier this year, the ICRC had to take similar measures in Uzbekistan where visits to those detained remain on hold.

"We are not sure when the visits will resume as it depends on the results the joint RNA/ICRC working group will achieve. We should not rush as we have to build a solid structure from which to work," said Medert. She also expressed her confidence that the joint working group would contribute to this.

The ICRC has worked effectively as an intermediary between the government and Maoists to release prisoners held by the insurgents. In 2004, it helped with the release of 76 civil servants and policemen held by the Maoists, while in late April, it secured the release of the chief district officer and local development officer of Argakanchi, a Maoist stronghold district some 350 km northwest of Kathmandu, after three months of captivity.

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