A/HRC/7/68 page 9 33. Formal State restrictions on these rights were limited to restrictions on demonstrations near the Government/Parliament grounds or curfew orders imposed following outbreaks of violence during protests. Nevertheless, the use of excessive force to control some demonstrations had an impact on freedom of assembly and the right to life. A number of demonstrations monitored by OHCHR were well-policed, and OHCHR acknowledges that police were sometimes faced with aggressive or violent situations. Nevertheless, interventions by the Armed Police Force and the Nepal Police to control protests since the Comprehensive Peace Agreement resulted in at least 27 deaths and many injuries, either through the use of firearms or severe beatings. Nineteen of the deaths occurred during the Madheshi Andolan. 34. Violations of the freedom of assembly also include situations where the authorities have failed to prevent violence; numerous reports were received of police passivity in the context of violent demonstrations. In April, OHCHR published the findings of its investigations into the killing on 21 March of 27 CPN(M) cadres in Gaur.2 In spite of known escalating tensions between the Madheshi People’s Rights Forum (MPRF) and CPN(M)/YCL as they organized simultaneous rallies in the same place, local authorities were unable or unwilling to control the situation. Several hundred members of the police forces present did not intervene to stop the fatal attacks when the crowd of MPRF supporters armed with sharpened bamboo sticks turned on the retreating CPN(M) cadres. Almost one year later, no one has been held criminally accountable for the murders. In December, MPRF and CPN(M) rallies in Gaur during the same weekend were peaceful and well-policed. 35. CPN(M) cadres also contributed to creating an environment of fear and intimidation through abuses targeting members of political parties, including two killings and one disappearance. OHCHR investigated 46 reports from 36 districts, mostly between July and October, of involvement of CPN(M) cadres in abductions (23 cases), assaults or acts of humiliation (23 cases). While it was sometimes unclear how far the motive related to the political affiliation of the individual concerned - in some cases victims were accused of corruption or were involved in personal disputes - some were clearly targeted for their perceived royalist or other political links. The body of one political party member who disappeared in Humla after abduction by CPN(M) in March was reportedly found in June. CPN(M) denied any involvement in the death. 36. A total of 14 incidents involving the media, mostly in the far western and central regions, were attributed to CPN(M). CPN(M) exceptionally acknowledged the responsibility of its cadres for the killing of Bara District journalist Birendra Sah after his abduction on 5 October. The perpetrators remain at large despite CPN(M) assurances that they would cooperate with police in holding them accountable. The whereabouts of another journalist, abducted by CPN(M) cadres in July in Kanchanpur, remain unknown. OHCHR was also concerned about reports of threats and other illegal actions during labour disputes by CPN(M)-affiliated trade unions, including in several national media houses. 2 See the website of the Office of the United Nations High Commissioner for Human Rights in Nepal at http://nepal.ohchr.org/en/index.html.

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