A/HRC/4/97
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50.
Relatives of victims of past and recent human rights abuses have been more willing to
present complaints (First Information Reports) to police for criminal investigation. OHCHR is
monitoring more than 23 cases filed with the police in relation to such violations around the
country. Most are stalled due to lack of political and institutional will, and real or perceived
legal obstacles. In some cases, the police have argued that it is not proceeding with
investigations because an independent or parliamentary investigation is ongoing. For instance,
police in Belbari, Morang District would not start an investigation into the alleged rape and
killing of a woman and subsequent killing of six demonstrators in late April by the Nepalese
Army, until the Parliamentary Probe Committee had issued its report and they received
authorization from the Government. The Committee has now completed its report and,
according to the Government, it is now before the Interim Legislature.
51.
In the case of Maina Sunuwar, a 15-year-old girl who died within hours of her arrest by
the Nepalese Army in 2004, the Nepal Police finally visited the Nepalese Army Birendra Peace
Operations Training Centre in Panchkhal in June 2006 to obtain information regarding her death
and to secure the site where her remains are believed to be buried. Since then, however, the
process has stalled due to the Nepalese Army challenging the police’s jurisdiction, and
protracted delays in the authorities’ response to the Nepal Police’s request for legal advice as to
whether the investigation can proceed. In December 2006, OHCHR published a report, “The
Torture and Death in Custody of Maina Sunuwar, Summary of concerns”, documenting
obstacles to justice in this case, including the Nepalese Army’s attempts to cover up the
violations, and called again for an independent investigation. The reluctance of authorities to
proceed with criminal investigations relating to past human rights violations is not limited to
cases involving the Nepalese Army. In Dhanusha District, a First Information Report was filed
in July regarding the disappearance of five students in October 2003 and naming police officers
and the then local administrator as the main suspects. While the alleged burial site of the five
has been secured, only limited further investigative steps have been taken despite pressure from
the relatives, local and national non-governmental organizations (NGOs) and OHCHR, and
despite Government claims that it had given “stern directives” to proceed with the investigation
but now considers the case closed.
52.
The judiciary’s role in pursuing accountability for human rights violations to date
remains limited, though there have been some recent developments. On 19 December 2006, the
Supreme Court finally heard 22 of 27 habeas corpus disappearance cases which had been
pending for many months and in some cases years, and is scheduled to render decision in
early 2007. On 28 August 2006, for the first time, the Supreme Court ordered that a task force
be created to investigate the disappearance of four individuals after their arrest by security forces
in 1999 and 2002 respectively. In January 2007, the Supreme Court ordered the task force to
investigate the 49 disappearance cases mentioned in report established by OHCHR on
Maharajgunj. Three contempt of court cases initiated by families of the disappeared against
senior Nepalese Army officers for providing misleading information on the whereabouts of
disappeared persons were nevertheless dismissed by the Supreme Court, in July and
December 2006.
53.
In addition to advocating accountability for human rights violations by the State,
OHCHR has urged CPN(M) to hold its members accountable. As stated above, OHCHR raised
concern about a series of killings in the Central region which had resulted in the death of eight
individuals in May and June 2006. Despite assurances that CPN(M) would investigate these
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