A/HRC/16/48 Urgent appeal N/A Government response N/A General allegation N/A Government response N/A Prompt intervention letter N/A Government response N/A Working Group request for a visit Yes Government response None Information from the Government 347. The Government transmitted one communication to the Working Group dated 26 October 2010. In this communication, the Government replied to the General Allegation sent by the Working Group on 6 August 2010, as reported below. General allegation Summary of the general allegation 348. Information was submitted by sources concerning obstacles encountered in the implementation of the Declaration on the Protection of All Persons from Enforced Disappearance. This information was transmitted to the Government on 6 August 2010, after the Working Group’s ninety-first session. 349. It was reported that impunity continues for the case of enforced disappearance, rape, torture and killing of fifteen-year-old student Maina Sunuwar in February 2004, by members of the then Royal Nepalese Army. It was alleged that those responsible for these crimes were (then Lt. Colonel) Colonel Bobby Khatri, Captain Sunil Adhikari, Captain Amit Pun and (then Captain) Major Niranjan Basnet. 350. It was also reported that, following the recommendation of a military court of inquiry, Colonel Bobby Khatri, Captain Sunil Adhikari and Captain Amit Pun were brought to trial before a court martial. On 8 September 2005, the court martial reportedly found these three officers guilty of negligence for not having observed proper procedures and sentenced them to six months’ detention, imposed a total fine of 100,000 rupees and declared them ineligible for promotion for one or two years. Allegedly, the three officers were immediately released following the court martial decision because of the time they had already been confined to military barracks while awaiting trial. However, they were eventually promoted. 351. The source further indicated that the family of Ms. Maina Sunuwar challenged the decision of the court martial and pursued the case in civil court, accusing also Major Niranjan Basnet. Following a decision of the Supreme Court, a case was filed before the District Court of Kavre which, in January 2008, issued arrest warrants for the four army officers. Furthermore, in September 2009, the District Court reportedly ordered the Nepalese Army to submit the files containing the statements of the people interviewed by the Military Court of Inquiry. It was alleged that, to date, these warrants had not been executed nor the statements submitted to the District Court of Kavre. Despite the warrants, Major Basnet was sent to Chad on a United Nations peacekeeping mission. However, he was repatriated by the United Nations after his involvement in the case of Ms. Maina Sunuwar was revealed. The source indicated that, upon his arrival in Nepal on 12 December 2009, Major Basnet was arrested by the military police and, although he was due in court the following day, he was taken to his house where he still remains under house arrest. It is alleged that the case in the civil court is being delayed due to the fact that the Nepalese Army refused to hand over any of the four officers and submit the files containing the statements of the people interviewed by the Military Court of Inquiry as requested. 81