Amnesty International Report 2005 - Nepal

Covering events from January - December 2004

The conflict intensified and there was an increase in human rights abuses by government security forces and the armed opposition Communist Party of Nepal (CPN) (Maoist). The security forces were responsible for an unprecedented number of "disappearances", a rise in unlawful killings, and continuing arbitrary arrests and torture. The CPN (Maoist) abducted civilians and committed torture and unlawful killings. There was a growing culture of impunity and disregard for the rule of law among the security forces, who systematically obstructed the courts and the National Human Rights Commission (NHRC). In addition to the human rights abuses committed in the context of the conflict, incidences of discrimination and violence related to caste, gender, ethnicity and sexuality were reported.

Background

In March the UN Commission on Human Rights issued a Chairperson's Statement on the situation in Nepal, and the government made a high-profile commitment to respect human rights. Despite this, the conflict worsened and the human rights situation deteriorated. Many civilians were displaced by the fighting and women and children were particularly severely affected.

The five main political parties led mass demonstrations calling for a return to parliamentary democracy. In May the Prime Minister resigned and in June King Gyanendra reappointed Sher Bahadur Deuba, who had been Prime Minister when the King dissolved parliament in 2002.

In August the Maoists staged a week-long blockade of the capital, Kathmandu, stopping supplies from reaching the city.

Twelve Nepali hostages in Iraq were killed by their captors in late August, sparking violent protests. Angry crowds attacked the main mosque in Kathmandu and the offices of some Middle Eastern airlines.

The army continued to receive military equipment from abroad, including attack helicopters made in India with parts manufactured by European companies and thousands of rifles from India and the USA.

The mandates of the National Women's Commission and National Dalit Commission expired in March and were not renewed.

'Disappearances'

Hundreds of people "disappeared" after being arrested by members of the Royal Nepal Army

(RNA), the Armed Police Force (APF) and the civilian police. AI recorded 418 "disappearances" between the end of the ceasefire in August 2003 and 30 August 2004, and the NHRC reported 707 cases over the same period.

Around one third of the "disappeared" were eventually released or located, sometimes after several months in secret detention.

"Disappearances" were facilitated by the Terrorist and Disruptive Activities (Control and Punishment) Act (TADA) 2002, which allowed the security forces to arrest suspects without warrant and detain them without charge. Following its expiry, the TADA was replaced in October by a new Terrorist and Disruptive Activities (Control and Punishment) Ordinance (TADO), which increased provision for detention without charge or trial from 90 days to one year.

Following public pressure, in July the government established a committee under the Home Ministry to locate the "disappeared". In September, in an effort to legalize detentions, a number of detainees were transferred from unacknowledged detention in army barracks to a special civilian detention centre in Kathmandu. The UN Working Group on Enforced or Involuntary Disappearances visited Nepal in December.

Mass arrests of peaceful demonstrators and excessive use of force

In April-May largely peaceful demonstrations calling for a return to parliamentary democracy were met with mass arrests and excessive use of force by the police. Well over 1,000 protesters were arrested and reportedly held in warehouses and other overcrowded and insanitary locations, sometimes for several days, before being released without charge. The NHRC and other human rights organizations were initially denied access to them.

• Ujeer Magar, a journalist reporting on the demonstrations, and Mahamuniswor Acharya, a human rights observer with the Human Rights Organization of Nepal (HURON), were both badly beaten by police in early April.

Torture and ill-treatment by security forces

Torture and ill-treatment of people in the custody of the security forces continued to be regularly reported. In November it was reported that none of the 19 torture victims awarded compensation by courts in the last eight years had yet received any money.

• A taxi driver was arrested without warrant by security forces in Kathmandu in August. He was taken to Singh Nath Gan army barracks, Bhaktapur, where he was reportedly punched, kicked, beaten with a stick and had water forced up his nose. He was held for four days, and warned that if he complained he would be killed.

Unlawful killings by security forces

Members of the security forces continued to kill unarmed civilians, often claiming that they had died in an "encounter" with CPN (Maoist) forces, or while trying to escape from custody.

• Two women, 18-year-old Reena Rasaili and 17-year-old Subhadra Chaulagain, were shot dead by plain-clothes security force personnel in Pokhari Chauri village, Kavre District, on 13 February. Reena Rasaili was allegedly raped before her death. Four days later, 15-year-old Maina Sunuwar was arrested by soldiers searching for her mother, who had witnessed the earlier shootings. She was reportedly killed on the day of her arrest.

Impunity and the breakdown in rule of law

The security forces operated with growing impunity and disregard for the rule of law. In the face of Supreme Court orders to respond to habeas corpus petitions, military authorities consistently issued false denials or failed to respond in substance. They also obstructed the NHRC from fulfilling its monitoring and investigative duties. Many people were rearrested immediately after they had been released by the courts.

• Krishna Khatri Chhetri (K.C.), a former student leader, "disappeared" in September 2003. A habeas corpus petition was dismissed when the authorities denied his arrest. Following reports that he was held in Bhairabnath Gan army barracks, Kathmandu, and had been tortured, a second habeas corpus petition was filed in February 2004. The RNA refused entry to NHRC representatives when they attempted to visit Bhairabnath Gan barracks in June to search for Krishna K.C. The RNA continued to claim that Krishna K.C. was not in their custody despite Supreme Court orders to cooperate and reliable information that he was held in the barracks.

Unlawful killings by CPN (Maoist) members

CPN (Maoist) members deliberately killed civilians, including local government officials, members of political parties, and those who refused to accede to extortion demands or were considered informants.

• Ganesh Chiluwal, head of the Maoist Victims' Association, an organization working for the welfare of victims of Maoist abuses, was shot dead in Kathmandu on 15 February, reportedly by two armed Maoists.

Abductions and other abuses by CPN (Maoist)

Maoists reportedly abducted thousands of civilians, including large numbers of students and teachers who were forced to take part in "political education" sessions, lasting from a few days to several weeks. They also abducted, tortured and killed civilians, whom they accused of "spying" and other crimes, and security force personnel whom they had captured. Maoists also staged a number of blockades which prevented the free movement of food, medicines and other basic goods.

• Eight members of the dalit community allegedly had their legs crushed with hammers by CPN (Maoist) members at a secondary school in Thalsa, Achham, in June, apparently as punishment for working for a local landlord.

Human rights defenders

Human rights defenders were attacked, and their work obstructed, by both sides to the conflict. Despite government pledges, support for the NHRC's human rights monitoring work was not forthcoming.

• Jeetman Basnet, 28, former editor and publisher of Sagarmatha Times magazine, as well as a lawyer, was arrested by three RNA personnel from Tinkune, Kathmandu, on 4 February. He was held for more than eight months at Bhairabnath Gan army barracks and throughout his detention was blindfolded with his hands tied behind his back. For the first three days he was severely beaten and had his head held underwater in a dirty pond several times until he lost consciousness. He was released on 17 October without charge.

• Dekendra Raj Thapa, a journalist, human rights activist and development worker, was abducted in Dailekh district on 27 June and killed two weeks later by the CPN (Maoist).

Violence against women

Gender-based violence, in particular rape of women by members of the security forces, was frequently reported. Violence against women in the family and in the community was also widespread. Women faced legal discrimination, especially in connection with issues of citizenship and inheritance. These laws were criticized in January by the UN Committee on the Elimination of Discrimination against Women when considering Nepal's periodic report, as were laws allowing for harmful traditional practices, in particular early marriage and bigamy.

Discrimination against minorities

A number of incidents of discrimination related to caste, ethnicity and sexuality were reported. Communities such as the Tharu and Badi continued to experience high levels of discrimination and violence, perpetrated by both the community and security forces.

• On 25 July police in Kathmandu forced four metis (male transvestites) into a police van and allegedly robbed, beat and raped them. On 9 August, police arrested 39 metis in Kathmandu and reportedly gave them no food or water for 15 hours. All were members of the Blue Diamond Society, a support organization which faced a possible Supreme Court ban on its activities.

AI country visits

AI visited Nepal in January/February and again in September/October. Delegates met the Prime Minister and other government officials, as well as local human rights groups, and a wide range of people in civil society.