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296. Reportedly, registering a first information report (FIR) was a difficult task, as it takes
hours to convince the authorities that the case is under their jurisdiction. Police were reluctant to
register the cases, mainly because high-level Royal Nepalese Army personnel are named in the
FIRs. Criminal law in Nepal gives investigating authority to the sub-inspector, thus the ability of
junior officers is questionable in cases where high-level security officers are involved.
297.
No reply was received from the Government regarding this general allegation.
Summary of the situation prior to the period under review
298. The majority of the cases reported to the Working Group allegedly occurred
between 1998 and 2005 in the context of counter-insurgency operations by security forces
against members and supporters of the Communist Party of Nepal (Maoist), which had declared
a “people’s war” in February 1996.
299. During the first phase of this conflict, disappearances occurred during police
operations (1998). As security operations intensified, the number of cases reported increased
during 1999 and 2001, particularly after November 2001, following the declaration of a state of
emergency and the deployment of the Army. Following the breakdown of a seven-month
ceasefire on 27 August 2003, there was a rapid escalation in the number of disappearances.
Most cases concerned persons who were arrested by unidentified security forces personnel in
plain clothes from their homes. In many cases, the subjects were rearrested by security forces
immediately after their release on court orders issued following habeas corpus petitions.
Although disappearances reportedly were taking place across the country, the majority of cases
reported to the Working Group occurred in and around Kathmandu and other districts in central
Nepal. The reported victims included girls, women, students, businessmen, farmers, workers, a
writer, a government employee, a journalist and human rights defenders. The disappearances
were attributed to security forces personnel, the Armed Forces and the police.
300. Regarding cases of three members of the Akhil Bharatiya Nepali Ekta Samaj (All India
Nepalese Unit Society) who were reportedly arrested by the Indian Special Branch Police and
handed over to Nepali security officials at the border, in Nepalgunj, in accordance with the
Working Group’s methods of work, copies of these cases were sent to the Government of India.
The same was done in the case of a Kashmiri residing in Kathmandu. It was reported that the
Indian Embassy in Kathmandu was involved in the arrest; therefore, a copy of this case was also
sent to the Indian authorities (see also section on India, paragraph 216).
301. At the invitation of the Government of Nepal, the Working Group visited the country
from 6 to 14 December 2004. The delegation held meetings with His Majesty the King and
other high-level officials, as well as with representatives of NGOs, relatives of the disappeared
and members of the international community in Nepal. The Working Group found that the
phenomenon of disappearance in Nepal was widespread; its use by the Nepalese security
forces was arbitrary. Maoist insurgents also were reported to have committed widespread
human rights violations. The mission report and recommendations can be found in
document E/CN.4/2005/65/Add.1.
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