A/HRC/16/48 352. It was further alleged that the Government promoted to second-in-command of the Nepal Army General Toran Bahdur Singh, who was commander of the 10th Brigade, whose officers were responsible for at least 49 cases of enforced disappearance and torture which occurred at the then Royal Nepal Army Maharajguni barracks between 2003 and 2004. The promotion was granted in the absence of any investigation of the facts and notwithstanding that the Supreme Court ordered a stay. It is alleged that the promotion of General Toran Bahdur Singh indicates institutionalized impunity and is a direct threat to the families of the victims. Reply from the Government 353. The Government replied to the General Allegation on 26 October 2010. Concerning the death of Maina Sunuwar, the Government informed the Working Group that the Nepalese Army established an independent high level court of inquiry board to investigate the case and that the court decided to punish the perpetrators and compensate the victim. It was indicated that the decision has been executed and that the penal sanctions faced by the officers that were held accountable were: for Colonel Bobby Khatri: (a) Six months in military custody; (b) Ineligible for promotion for 2 years; (c) A fine of Nepalese rupees (Nr.) 50,000/- as reparation for the family; and for Capt. Sunil Prasad Adhikari and Capt. Amit Pun: (a) Six months in military custody; (b) Ineligible for promotion for 1 year; (c) A fine of Nr. 25,000/- as reparation for the family. 354. The Government also noted that, to ensure the correct implementation of the compensation to the family, it had written to the District Administration Office, Kavre, to ensure the receipt of the total compensation amount (Nr. 100,000/); sent a letter from the Ministry of Defence (MOD) to the Ministry of Home Affairs (MOHA) requesting legitimate reimbursement provisions; and, in accordance with the recommendation of the National Human Rights Commission (NHRC) to pay Nr. 300 000/- in compensation to the victim’s family, the amount was transferred. However, the victim’s family has not accepted the compensation to date. 355. Regarding the delay of the submissions of the files containing statements of the people interviewed by the Military Court of inquiry to the District Court of Kavre in the case of Ms. Maina Sunuwar, the Government responded that, as requested by the District Police Office, Kavre, a copy of the Court Martial was submitted to the Office with an official letter and that, by order of the Supreme Court, the original verdict of the Court Martial was submitted to the Court and remains there. In addition, it stated that a copy of the verdict was sent to OHCHR-Nepal; and lastly that, likewise, the statements of the people interviewed by the Military Court Martial have already been sent to the District Court of Kavre at various times. Regarding the factors that are delaying the handing over of Colonel Bobby Khatri, Captain Sunil Adhikari, Captain Amit Pun and Major Niranjan Basnet to the District Court of Kavre, the Government responded that the resignations submitted by the latter two Captains were approved and officially sanctioned and that Col Bobby Khatri’s terms of service were not extended by the Government. Therefore, they are no longer in military service or under military jurisdiction. Concerning the case of Major Niranjan Basnet, the Government noted that he was found not to be involved in the death of Maina Sunuwar at all and that his patrol was tasked to arrest her, which he performed, and then, after he handed over the detainee to his supervisor, he was relieved from his duty. 356. In relation to the allegations concerning the then Major General Toran Jung Bahadur Singh’s knowledge of the actions by the Tenth Brigade, the Government responded that of all the investigations separately carried out by three high-level task forces, none had outlined the credibility of the allegations against him, or made any allegations against him for any violation of human rights. In addition, the Government indicated that, after the submission of the Ministry of Defence’s report to the Parliamentary Human Rights 82