Nepal
in Crisis 2005: Human Rights |
ICRC
suspends visits to army detention centres
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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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