Amnesty International Report 2003 - Nepal

Covering events from January - December 2002

KINGDOM OF NEPAL
Head of state: King Gyanendra Bir Bikram Shah Dev
Head of government: Lokendra Bahadur Chand (replaced Sher Bahadur Deuba in October)
Death penalty: abolitionist for all crimes
International Criminal Court: not signed

Against a background of mounting political crisis, there was a sharp rise in the incidence of unlawful killings, "disappearances", torture and arbitrary arrest and detention by the security forces, and of deliberate killings, hostage-taking and torture by the Maoists. The abuses were carried out in the context of the "people's war" declared by the Communist Party of Nepal (CPN) (Maoist) in 1996, and the declaration of a state of emergency and the deployment of the army in late 2001.

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Background

Political instability at the national and local level contributed to a spiralling human rights crisis. In May Prime Minister Sher Bahadur Deuba dissolved parliament and called parliamentary elections for November. In July the government disbanded local elected bodies, replacing them with government appointees. In October King Gyanendra Bir Bikram Shah Dev sacked Sher Bahadur Deuba and took executive power. He appointed an interim government comprising people known to be loyal to him, and indefinitely postponed parliamentary elections. For the rest of the year there was a stand-off between the King and the mainstream political parties.

Fighting in the context of the "people's war" continued to escalate, with heavy casualties reported among army and police personnel. The Maoists remained in control of several districts in the Mid-Western region, where their "people's governments" ran parallel to the government's local administration at district level. Similar bodies continued to function at ward and village level in many other districts. The Maoists' "people's courts" appeared to become less active in some areas.

State of emergency and Terrorist and Disruptive Activities Act

In February the state of emergency declared in November 2001 was extended with all-party support. However, the government did not win sufficient support to further extend it in May. After the parliament was dissolved in May, the King reimposed the state of emergency for three months on the recommendation of the interim government. It was not renewed in August. The states of emergency were accompanied by the suspension of several fundamental rights, including the right to constitutional remedy (apart from habeas corpus), the right of assembly, the right to freedom of thought and expression, and the right not to be held in preventive detention without sufficient grounds.

In April parliament passed the Terrorist and Disruptive Activities (Control and Punishment) Act (TADA) to replace the Ordinance of the same name promulgated in 2001. It was due to remain in force for two years. The TADA curtailed some of the powers granted to the security forces under the Ordinance, but allowed for preventive detention for up to 90 days. Anyone arrested under the TADA should be brought before Special Courts, but there were delays in establishing these courts and in several areas they had not been constituted by the end of the year.

Extrajudicial executions

The security forces continued to carry out unlawful killings. It was estimated that of the more than 4,000 "Maoists" officially declared as killed since November 2001, nearly half may have been unlawfully killed. Those unlawfully killed included civilians suspected of providing shelter, food or financial assistance to the Maoists. They also included members of the CPN (Maoist) killed in circumstances where they could have been taken into custody or where they had already been taken prisoner.

• Thirty-five labourers involved in construction work at Suntharali airport, Kalikot district, were dragged from their houses and huts on 24 February and deliberately killed by an army patrol. The army personnel were pursuing members of the CPN (Maoist) suspected of involvement in an attack at Mangalsen, Achham district, on 17 February in which 56 soldiers were killed.

'Disappearances'

People continued to "disappear" after arrest by the security forces; more than 65 people had "disappeared" since late 2001. "Disappearances" were facilitated by the TADA, under which people were held incommunicado for prolonged periods in secret and illegal detention at army camps.

• Five students – Bipin Bhandari, Dil Bahadur, Ramhari Rupakheti, Shusila Thapa and Nita Gautam – all alleged by the authorities to be members of the All Nepal National Independent Students' Union (Revolutionary), were reportedly arrested by police on 17 June in Kathmandu. Officials denied any knowledge of the arrests, and the whereabouts of three of them remained unknown at the end of 2002.
• Bishnu Pukar Shrestha, a former secondary school teacher and human rights activist, "disappeared" after he was arrested by plain-clothes security forces personnel at his home in Thapatali, Kathmandu, on 29 July. Earlier in the year his name and photograph were included in a list of wanted Maoist leaders shown during an army television broadcast. A cash award was offered to anyone giving information leading to their arrest "dead or alive". Bishnu Pukar Shrestha, who has always denied membership of the CPN (Maoist), was released on 16 December. He had reportedly been held blindfolded in army custody for nearly five months.

Torture and death in custody

Torture by the army, the paramilitary police force (the so-called Armed Police Force – APF) and the police was reported almost daily. The APF, which was established in 2001, was increasingly cited in allegations of torture as it became more active during the year. The army systematically held people blindfolded and handcuffed for days, weeks or even months. Torture methods included rape, electric shocks, belana (rolling a weighted stick along the prisoner's thighs causing muscle damage), beatings with iron rods covered in plastic, and mock executions.

• Members of the APF raped Sita Chaudhary and killed her husband during a search operation in Patariya village, Kailali district, on 10 September. A neighbour, Sri Krishna Devi, aged 20 and pregnant, was also allegedly raped.
• On 20 May Krishna Sen, a prominent pro-Maoist journalist, was arrested and allegedly tortured at the Mahendra Police Club in Kathmandu. In June he was reported to have died in custody. The authorities denied he had been arrested and did not return his body to the family.

Arbitrary arrest and detention

Thousands of people were arbitrarily arrested and detained. They included lawyers, students, journalists, teachers, farmers and other suspected members or sympathizers of the CPN (Maoist). According to official figures released in August, 9,900 "Maoists" had been arrested since the imposition of the state of emergency in November 2001, of whom 1,722 remained in custody. District Coordinating Committees decided who should be arrested, detained or released often on the basis of information provided by mainstream political parties. Chief District Officers issued blank detention orders for use by the security forces. The army denied holding detainees, but there was overwhelming evidence of people being held for long periods incommunicado in army barracks. Prisoners were usually held outside any legal framework. Those held under the TADA were rarely produced before a court.

Impunity

Victims of human rights violations failed to gain redress, and official accountability was widely lacking. The judiciary was largely bypassed or failed to assert its authority or confirm the rule of law. Habeas corpus remained an ineffective remedy in relation to "disappearances" and for those detained under the TADA. The Supreme Court persistently postponed making a decision on around 12 habeas corpus petitions put before it since late 2001. Police and the judiciary put obstacles in the way of victims trying to file cases or requesting medical examinations in order to gain redress under the Torture Compensation Act. An officer implicated in the death of Krishna Sen was awarded "policeman of the year".

Sexual abuse of refugees

Sexual abuse of women and children in Bhutanese refugee camps in Nepal was reported. An investigation by the UN High Commissioner for Refugees revealed 18 cases of sexual abuse and exploitation in the camps by aid workers; one victim was a seven-year-old girl.

Maoist abuses

The Maoists stepped up attacks on members of mainstream political parties in the run-up to the elections set for November. Members of the Nepali Congress (NC) party were most often targeted for deliberate and unlawful killings, but there were increasing attacks on members of the Communist Party of Nepal (United Marxist Leninist). The Maoists also tortured captives, took hostages and linked their release to certain demands, and recruited children into their ranks. They were also responsible for the summary execution of members of the security forces taken captive during attacks, particularly on police stations.

• Three NC members were killed by 40 to 50 Maoists in Ramshikhar Jala and Pahalmanpur villages in Kailali district on 3 September. Jagat Bahadur Shaha, President of the NC's village committee, and Ram Prasad Subedi and Shobhakar Sharma, both from Pahalmanpur village, were all beheaded.
• Nawaraj Sharma, editor of the weekly newspaper Karnali Sandesh, was abducted from his home in Kalikot district on 1 June. His mutilated body was found on 13 August.

National Human Rights Commission

The National Human Rights Commission (NHRC) in June sent fact-finding teams to 35 districts to verify reports of human rights abuses. Reports on their findings were submitted to the authorities and the leadership of the CPN (Maoist) in October. The NHRC also made recommendations for the prevention of unlawful killings, "disappearances" and arbitrary arrests and detention. No responses had been received by the end of the year.

Visits

AI delegates visited the country, including the Mid- and Far-Western Regions in September. The delegation also met senior army, police and APF officers.