A/HRC/7/68
page 17
amendment adopted to criminalize abductions and hostage-taking. The Minister for Home
Affairs announced that new legislation on disappearances would be introduced shortly thereafter;
however, as at January 2008, no draft had been submitted to Parliament.
71. The Government had announced the formation of a commission of inquiry into
disappeared persons after the Supreme Court ruling in June, however the initiative was
suspended following widespread criticism that the commission as envisaged would not be in
accordance with international standards, including those relating to its independence, powers and
functions, and to public dissemination of reports. The 23-point agreement subsequently required
the establishment of a commission of inquiry for disappearances within a month.
72. Attempts by non-governmental organizations, victims and their relatives to file First
Information Reports for past and ongoing human rights violations by security forces and abuses
by CPN(M) met with little success. Many of the reports were rejected by police for reasons
which OHCHR considered to be inappropriate, including that perpetrators were not named.
When complaints were filed, they did not lead to full criminal investigations and not one
member of the security forces or CPN(M) has been convicted as a result of a First Information
Report.
73. In the case of Maina Sunuwar (A/HRC/4/97, para. 51), in September 2007, the
Supreme Court ordered police to report on its investigations into the 15-year-old girl’s death
within three months. As at January 2008, one year since the Chief of Staff of the Nepalese Army
and the Home Minister had given me assurances that justice would be done in this case, police
have been very slow to investigate, and the Nepalese Army has failed to give police access to
documents, suspects and witnesses.
74. After extensive advocacy, including during my visit, a body believed to be that of
Maina Sunuwar was exhumed from an unmarked grave at the Birendra Peacekeeping Training
Centre of the Nepalese Army, for which OHCHR provided technical forensic support. However,
the DNA sample taken from the skeletal remains in March was not sent for analysis until the last
week of November, and the body has not been returned to the family in the absence of official
confirmation of its identity.
75. OHCHR continued to experience difficulties in gaining access to official documents on
investigations from the Nepalese Army and, at times, the police. In August, the Nepalese Army
gave OHCHR copies of the court martial decision on Maina Sunuwar and two other cases.
OHCHR was later given access to read but not copy other associated documentation on
Maina Sunuwar; it deems the access inadequate. Most seriously, many documents seen by
OHCHR were relevant to the criminal investigation but have not been transmitted to police.
76. Attempts by victims of discrimination and related abuse to seek redress were also largely
unsuccessful; police would often encourage mediation, sometimes involving political parties,
rather than prosecution. While mediation can be appropriate in some circumstances, the lack of
punishment with regard to discriminatory practices prohibited by law and other abuses against
members of marginalized groups has reinforced the climate of impunity. Most victims, however,
have no access to justice owing to lack of means and other obstacles.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents