A/HRC/16/48
Committee, it was clear that the allegations did not support the admissibility of credible
evidence against the aforementioned person and thus he was considered for, and
subsequently promoted to, the rank of Major General. The Government also noted that no
case was filed against this person in any court of Nepal in connection with his so-called
involvement in the case of the 49 alleged disappeared persons and that, in the absence of
credible evidence, the Nepalese Army (NA) recommended the then Major General for
promotion to the rank of Lieutenant General. The Government further stated that when “the
allegation against the NA itself is unproven and contradictory, it would be against the
principle of natural justice to withhold the promotion of a person until proven guilty.”
357. Regarding the cases of enforced disappearances reportedly perpetrated at the then
Royal Nepal Army Maharajgunj barracks between 2003 and 2004, the Government
indicated that, in light of the information from national and international human rights
organizations, as well as media sources, a high-level task force was formed on 19 June
2005 to investigate the allegations of the whereabouts of the missing persons within the
Katmandu valley. As a separate list on the case of the 49 persons allegedly disappeared at
Maharajgunj barracks was not available at the time, the task force carried out an inclusive
investigation. The Government further noted that a second high-level task force was
formed on 27 January 2006, to investigate additional cases of alleged disappearances within
the Katmandu valley. The separate list of the 49 cases was not available for this
investigation either; however, the media, special rapporteurs and human rights
organizations had suspicions about a large number of people detained at the Maharajgunj
Barracks. The first and second task forces submitted their findings to the Baman
Committee, which was established by the Government on 1 June 2006 to investigate the
whereabouts of the missing persons. Subsequently, the Government formed the Malego
Committee to investigate the whereabouts of those allegedly disappeared by the State.
Further to the OHCHR 2006 Report of Investigation into arbitrary detention, torture and
disappearances at Maharajgunj Nepal Army Barracks in 2003-2004, the Ministry of
Defence was ordered to form a high-level Task Force to investigate the alleged cases and
accordingly this was set up. The Government stipulated that in order to fulfil a thorough
investigation procedure, the Task Force made repeated requests to the Office of the High
Commissioner for Human Rights in Nepal for the acquisition of relevant information on the
allegedly missing 49 persons and regretted that it had made no efforts to furnish any
information on the subject. The Task Force submitted findings about the whereabouts of 12
missing persons to the Ministry of Defence on 31 October 2006. Subsequently, the
Government indicated that the Task Force recommended the establishment of a Truth
Commission as a more suitable and practical approach to investigate further into the alleged
disappearances. The findings of the Task Force were presented to the Foreign Affairs and
Human Rights Committee of the Parliament on 16 October 2006.
358. At the request of NHRC, the NA assisted in the exhumation of the suspicious
remains recovered in the jungles of Shivapuri on 19 December 2007. The NHRC report of
December 2008 concluded that the forensic evidence produced by national/international
forensic experts had no relevance to the allegations on the disappearance of 49 persons at
Maharajgunj Barracks. The Government noted that similar cooperation was extended to the
team led by NHRC with the support of OHCHR in the exhumation in the Dhanusha District
at the suspected burial site of some students. Moreover, as stipulated in the Comprehensive
Peace Agreement of 21 November 2006, a high-level Truth and Reconciliation
Commission was agreed on. In this regard, the Government of Nepal tabled a bill in the
Parliament. Concerning a National Disappearance Committee, the Supreme Court of Nepal
has already submitted a bill to the Parliament to form such a body and it is under
consideration. The Government also noted that the Ministry of Peace and Reconstruction
had already provided interim financial compensation (of Nr. 100,000/-) to the families of
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