Amnesty International Report 1998 - Nepal

(This report covers the period January-December 1997) Scores of people arrested for political reasons in 1996, including possible prisoners of conscience, remained in detention without trial. Torture by police and forest guards was widespread; at least three people were reported to have died as a result. Nine people were killed in alleged "encounters" by police. A Supreme Court ruling confirmed the abolition of the death penalty for all offences. An armed opposition group was responsible for serious human rights abuses, including deliberate and arbitrary killings of civilians. Increasing political instability contributed to a lack of decisive action by the authorities in the field of human rights. Three different coalition governments held power during the year. Members of the Rastriya Prajatrantra Party, National Democratic Party, held the balance of power between the Communist Party of Nepal–United Marxist Leninist and the Nepali Congress Party (ncp) and occupied key posts in each coalition. Consecutive governments failed to appoint members to the National Human Rights Commission established in October 1996 (see Amnesty International Report 1997)   Armed conflict between the Communist Party of Nepal (cpn) (Maoist) and the security forces after the declaration of "people's war" in February 1996 (see Amnesty International Report 1997) continued, particularly in the Mid-Western Region Initially, the government of Prime Minister Lokendra Bahadur Chand, which came to power in March, took various measures to address the deteriorating human rights situation, including setting up a Task Force to make recommendations for the protection of human rights. However, after a few months, the government adopted a more hard-line approach. In August it approved the Terrorist and Disruptive Crimes (Control and Punishment) Bill allowing, among other things, trials before special courts. However, the Bill was dropped after a change of government in early October. The government also deployed several hundred army personnel in Rukum, Salyan, Jajarkot and Rolpa districts and reactivated the Public Security (Second Amendment) Act, 1991, which allows for people to be detained for up to 12 months on vague grounds such as "the interest of the common people". Several members of the Task Force, including its Chairman, resigned in August in protest over the government's measures On 4 June, 28 members of non-governmental organizations were arrested during a peaceful demonstration to commemorate the massacre in China in June 1989. Twenty others were arrested the following day during a demonstration calling for the release of Rongthong Kunley Dorji, a Bhutanese refugee detained in India awaiting the outcome of extradition proceedings to Bhutan. All were released without charge after several hours. Scores of people arrested in 1996 on suspicion of being members or sympathizers of the cpn (Maoist), including possible prisoners of conscience, remained in detention without trial. Among them were several juveniles, including Bir Bahadur Gosain, reported to have been 13 years old at the time of arrest in December 1996. In August, 731 people were reported to be in detention or awaiting trial in connection with the "people's war", including 38 held under the Public Security Act. Jhakku Prasad Subedi, Chairman of the District Development Committee of Rolpa, who had been tortured while detained in February 1996 (see Amnesty International Report 1997), was released on bail on 24 March. His trial was still continuing at the end of the year. Torture by police and forest guards was widespread. In February, 12 people, including an 11-year-old boy, were arrested by forest guards at Kamdi, Kohalpur district, on suspicion of theft. Four were tortured with electric shocks through a wire attached to the palms of their hands or to their ears. Bir Bahadur Gosain (see above) was also allegedly tortured at Chaurjhari police station, Rukum district, during the initial 30 days of his detention. He was beaten with sticks, including on the soles of his feet, and thrown into a water tank At least three people were reported to have died in police custody as a result of torture. Among them was Kabiraj Dangi, who was arrested in August in Simle, Rukum district, on suspicion of being a member of the cpn (Maoist). He was allegedly beaten in detention at Simle police station and during transfer to Musikot police station. He died at Machimi village, apparently as a result of torture, while being taken to Musikot police station. Several contradictory statements were made about the circumstances of his death. According to police at Simle, Kabiraj Dangi died from injuries sustained when he fell during an escape attempt, while police at Musikot alleged that he died in an "encounter". According to the post-mortem, he died due to heart and lung problems. At least nine people were reportedly killed by police during alleged "encounters" in the context of the "people's war". They included those killed in five cases reported from Rolpa district. In September the Supreme Court ruled that all existing provisions in several laws allowing for the imposition of the death penalty had ipso facto become inoperative one year after the Constitution was promulgated in 1990 (see Amnesty International Report 1991). At least 18 people were reported to have been deliberately and arbitrarily killed by members of the cpn (Maoist). Among them were seven candidates and voters killed by the cpn (Maoist) in the run-up to local elections in May; the cpn (Maoist) had called for a boycott of the elections. Among those killed was Sita Ram Thapa, an ncp member from Amale in Sindhuli district. He was hacked to death at his home in May Amnesty International requested information from the government about Jhakku Prasad Subedi and several juveniles reportedly held without charge or trial on suspicion of being sympathizers of the cpn (Maoist). Amnesty International also called for investigations into several cases of torture and deaths in custody. The authorities did not respond. In March Amnesty International published a report, Nepal: Human rights violations in the context of a Maoist "people's war", which included details of 52 cases of alleged extrajudicial executions by police and 13 deliberate and arbitrary killings by the cpn (Maoist). In May, in the run-up to local elections, Amnesty International called upon the government and the cpn (Maoist) to fully respect human rights.