A/HRC/4/97
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of police posts resulted in a speeding up of the process. As of 17 January 2007, according to the
Government, 1,019 posts were re-established, but obstacles were still being reported in some
areas.
18.
The absence of effective policing in rural areas quickly emerged as a major human rights
challenge after the ceasefire, a void which has repeatedly been filled by the often abusive parallel
“law enforcement” activities and “people’s courts” of CPN(M) (see paragraphs 29-34 below).
The perceived weakness and often inaction of the police and courts, and the resulting lack of
confidence in the State’s capacity to enforce law and order, facilitated the extension of CPN(M)
“law enforcement” activities and “people’s courts”. The transitional period presents an
enormous challenge for ensuring the protection of human rights through adequate policing and
the effective administration of justice. The strengthening of the State law enforcement system
and administration of justice will be crucial to convincing local populations that State authorities
are able to maintain law and order and to deliver justice. Current indications suggest that much
of the civilian population remains deprived of these fundamental public services, essential to the
protection of human rights, because the State lacks the capacity or at times the will to undertake
law enforcement and judicial functions, even in areas not previously controlled by CPN(M).
This security vacuum risks being filled in a number of ways: through communities taking
“justice” into their own hands - as has already happened in several cases with fatal
consequences; through CPN(M)’s often abusive system of “people’s justice”; through
exploitation by criminal elements or organized crime groups, some of whom might be politically
manipulated; and also by vigilante groups.
19.
In the context of the electoral process, it will be essential that the police maintain law and
order in an impartial manner, including to ensure that marginalized groups are treated equally
before the law (see paragraphs 62-67 below). In this regard, access to justice for women, as well
as Dalit and other marginalized groups remains a major concern. A small number of more than
100 cases of gender-based violence reported to OHCHR were filed with police for investigation,
especially where members of the security forces were allegedly responsible. Impediments to
victims accessing justice were fear of stigmatization and retaliation, the 35-day statute of
limitations for filing rape cases, as well as little evidence of justice in such cases when they are
reported.
20.
OHCHR continues to monitor the capacity of both the Nepal Police and APF to deal with
crowd control with full respect for human rights. Since April, many protests, on issues ranging
from accountability to discrimination, education and health, have been organized, especially in
the capital. OHCHR has documented - and in some cases witnessed - further instances where
police baton charges caused head and other injuries to demonstrators. Though in some cases the
demonstrations were violent, OHCHR concluded that the use of force was at times excessive,
and that lessons have not been drawn from the handling of the April protests.
21.
The issue of the future role of APF emerged not only from its role in April but again
following the excessive use of force by APF at Tatopani, Sindhupalchowk District, on 30 July,
when an APF patrol posted at the Nepal-Chinese border confronted violent demonstrators with
live ammunition, killing a bystander and wounding several others. The Nepal Police refrained
from intervening. Although investigations carried out by OHCHR concluded that excessive
force was used, the internal APF investigation did not and an APF officer initially suspended
returned to office. Beyond APF responsibility for this specific case, OHCHR is concerned that
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