A/HRC/7/68
page 18
77. Commissions of inquiry were established to investigate several major incidents in 2007,
including killings in Lahan in January, the killing of CPN(M) cadres in Gaur in March, and
killings and loss of property during the Madheshi protests and during the Kapilvastu violence.
Commissions did not lead to perpetrators being held accountable, nor have their reports been
made public. In the case of Kapilvastu, subsequent police investigations focused not on the
killings but on damage to property. The special committee established to investigate the violence
submitted its report to the Government in January 2008.
78. In August, after intense public pressure, the Government published the report of
November 2006 of the Rayamajhi Commission created to investigate, inter alia, human rights
violations committed during the protests in April 2006. It recommended action against named
Government and former Government officers (including for corruption) as well as the
prosecution of 31 members of the Nepalese Army, the Armed Police Force and the Nepal Police
mostly for killings during the April protests. The Government stated that it had implemented
most of the recommendations of the report and that some recommendations had been forwarded
to the competent authorities for further investigation. However, the Attorney-General took no
action to prosecute, claiming that evidence gathered was insufficient. In reaction to the absence
of State action, CPN(M) cadres publicly humiliated some of those named in the report and
damaged or defaced property.
79. A report by the parliamentary commission established to investigate the rape and killing of
a woman and the killing of six protestors in Belbari in April 2006 was published in
January 2008. The commission recommended that the Government should take legal action
against 28 members of the Nepalese Army, including the Brigade Commander, police personnel
and a chief district officer.
80. Political pressure on police, such as threats and intimidation to release those arrested who
are linked to the major political parties, particularly CPN(M), have contributed to ongoing
impunity for abuses and acts of violence. OHCHR documented numerous cases in which
detainees linked to CPN(M), MPRF, mainstream political parties and other organizations were
arrested, only to be released following negotiations often involving SPA/CPN(M) and/or the
chief district officer. While such mediation serves to reduce immediate tensions locally, it has
not fundamentally changed the patterns of abuses and violence, and has reinforced the perception
that violence may be committed with impunity, therefore also undermining police morale.
III. CONCLUSIONS
81. The positive and significant political developments since 2006, including the
Comprehensive Peace Agreement and the establishment of an interim Government, have
raised great expectations, particularly with regard to an end to discrimination, inequalities
and impunity. As the peace process advances, the complexities of bringing about such
changes, which require political will and the uprooting of deep-seated traditional patterns
of behaviour have become more apparent. The holding of Constituent Assembly elections is
a crucial step towards the creation of a more participatory, inclusive and equal society,
but there are still obstacles to overcome in order for the elections to take place in a climate
free of intimidation and fear. The lack of implementation of many provisions of the
Comprehensive Peace Agreement and of new and existing legislation that could strengthen
the protection of human rights has led to frustrations among many Nepalese people.
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