Selective justice

DR HARI BANSHA DULAL


On Dec 12, Major Niranjan Basnet – a prime accused in the torture and murder of Maina Sunar – was arrested and taken into custody by the Military Police. The arrest of Basnet has gotten lately dormant human rights groups all excited, who now want him to be tried in a civilian court. What is wrong with that? If we look at it purely from a judicial point of view, there is nothing wrong with that. Trying security personnel in civilian court might flood courts and outstrip their institutional capacity but other than that, there should be no problem trying him in the court. But the issue here is not whether or not he should be tried in the civilian court. The larger issue here is whether or not there is a pattern when it comes to holding people accountable for human rights abuses. If we take a step back and look at the people that human rights groups in Nepal want to be put on trial, it soon becomes crystal clear that these groups want selective justice.

Why just smaller fishes like Basnet or for that matter only security personnel? Why not Pushpa Kamal Dahal, Baburam Bhattarai and the likes that initiated the insurgency in the first place? Shouldn’t the people that initiated insurgency, and under whose watch, the Maoists cadres mercilessly butchered innocent civilians be held accountable for their crimes? Personally, I have not seen any human rights activists calling for prosecution of Dahal, Bhattarai and the likes for human rights abuses in public. Am I the one that missed Nepali human rights activists’ call for comprehensive justice or is it them who are in a secret mission of poaching soft targets? Looking at what human rights groups in Nepal are engaged in, it becomes clear that they are driven by political agendas. When it comes to deciding who to go after, they are clearly not merely seeking judicial justice. It is profoundly political.

Where is justice when the people who initiated the insurgency that turned a peaceful nation into a killing field are let off the hook and the ones that were forced to defend the state are selectively picked for prosecution? Human rights abusers have to be punished irrespective of who they are and what their position is in the society. It is not only the state, more specifically, the Nepali Army, which is responsible for the past human rights abuses in Nepal. What about the human rights abuses committed by the then CPN (Maoist)? The Maoists that killed journalists Birendra Sah and Dikendra Thapa are still untouched and human rights activists do not seem to be very enthusiastic in making sure that their children have faith in human rights defenders when they grow up. The daughters of Armed Police Force Chief Late Krishna Mohan Shrestha are still waiting for justice to be served. By now, the children of Brigadier General Sagar Bahadur Pandey, who along with his wife was killed by the landmine set up by the Maoists’ in 2003, must have given up their hope of seeing the killers of their parents being punished. It is not only the security personnel but also civil servants that were butchered by the Maoists during the insurgency. The Maoists insurgents that killed Chief District Officer Damodar Pant in Jumla in 2002 are yet to be brought to justice. In many instances, not only the people that were performing their duties, but their family members, too, were targeted. In 2005, the Maoists wiped out an entire family of a policeman, including three women in the family and a one-year old child, at Attariya in Kailali district. Why aren’t the human rights activists talking about the rights of a child that was fourteen years younger than Sunar?

In a poor country like Nepal, where an individual’s future potential is contingent upon the endowment his or her family possesses and where endowment determines entitlements, shouldn’t the Maoists that wiped out these kids’ income-generating parents be held responsible for destroying their future potential? Strangely, the human rights community seems to have no compassion for the loss suffered by the people whose loved ones were killed serving the nation. These people were there not because they wanted to fight the insurgents that wanted to bring down the state on their own. They were there because the state wanted them to be there and defend the state. The human rights community might not have realized this but by keeping silent on the plight of the family members of all fallen heroes, they are demoralizing thousands of servicemen that genuinely want to contribute towards peace, stability and security of the nation.

By cherry-picking the selected cases involving security personnel and remaining silent on the atrocities committed by the Maoists, human rights activists in Nepal are making it easier for the government, which is increasingly tilting towards the right to accuse them of being “leftist delinquents.” If these right groups do not correct their ways, they will be increasingly seen and treated as enemies instead of allies in the advancement of human rights. The governments in poor developing countries do not human rights groups seriously because these groups themselves time and again show that they have political agendas. It is high time that the human rights groups in Nepal analyze both their actions and inactions and the far-reaching consequences of both. Protecting human rights requires much more than appearing on television, writing opinion pieces, and putting out statements.

Basic human rights that human rights activists in Nepal are claiming to be fighting for are supposed to be about justice. Where is justice when the people who initiated the insurgency that turned a peaceful nation into a killing field are let off the hook and the ones that were forced to defend the state are selectively picked for prosecution? For human rights activists to be credible, respected and effective, they should be pushing for the prosecution of all those who violated human rights precepts. Justice is only justice if it is consistent. If justice is selective, it is injustice!

hbdulal@gmail.com

Published on 2009-12-21 00:30:10
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ALL COMMENTS

Well said! I second that.

- buzz
This "Dr" has definitely not read some sobering statistics about human rights abuses carried out during the conflict. He can start with OHCHR´s reports on Bhairabnath and Bardiya to get a sense of the PROPORTION of violations committed by the Nepal Army.

- Simi
Who but a Ph D could so eloquently defend the right of soldiers to torture and murder 15 year old girls without being inconvenienced by courts? A less educated advocate of the status quo would simply say "there is no consensus" between you who wish to put him on trial and we who don´t. So naturally nothing can be done.

But really, how long do you imagine that the status quo can last when its defenders have to resort to rejecting the trial of people accused of torture and murder of 15 year old girls?

It is very hard for a foreigner to understand this feudal mindset of Nepal´s "elite". Does anyone in Nepal actually care what people like this want. Is it still necessary to have "consensus" with them? Or can you just put people charged with torture and murder on trial like any normal country and not seek "consensus" about that.

- Arthur
Arthur, If you are really a foreigner, you are definitely not a native english speaker. Read the article carefully and you will realize that the author is asking for "comprehensive justice." What that means in english is that everyone involved in human rights abuses should be brought to justice. How is that a bad thing? Before jumping into any hasty conclusion, read the article carefully. And, yes, people that kill innocent civilians, grab private properties, and destroy public property are progressive, for you. Which foreign country do you live in and is that how progressives behave/act in your country? And, if they did, what would your government do?

Don´t preach! There are enough nepali in Nepal that have seen western countries, first hand. We all know what the government does to defend life. liberty, and right to own property.


- Sujeet Ghimire
Yes .. the violators of human rights should be punished...its not that only army or security forces violates the human rights... Its the great comrades who believe that they are the ones for theso called civilian supremecy (for the people who obey their principle of loot,terrorism, etc its civilian supremacy).. aren´t they violating the human right ???

- sarbahara nepal
@ The person editing the comments

Selective comment picking?? even in the online mode where you have tons of spce both for intellectual adversity and dialogue and for publishing??
Interesting...

- Ratnakar
Well Written! Bravo Dr. Dulal.

Like, Dr. Martin Luther King Jr once said, "“In the end, we will remember not the words of our enemies, but the silence of our friends.”

I agree 101% with Dr Dulal´s article. So called inefficient Human Rights activists of Nepal or abroad should be ashamed of themselves for this cowardly achievement.

Thanks.

- Pritaz
I entirely agree with this opinion. Why selective justice. If then Royal Army personnel have to be tried then the ruling party, Prime Ministers should also be held accountable as they are the one who gave order. But these so called Human Right activist has only one agenda that is to be mouthpiece of Maoist and they only shout when maoist interest are hurt. The So called Human right group and so called Nagarik Samaj has lost all the credibility before the eye of Nepali people. If anyone should be punished it is Terrorist organization like Maoist who has killed, destroyed and now in verge of partitioning and destroying the country. Where is this so called Human right and Nagarik Samaj ka Haguwa when these terrorist are calling three day bandh and all rights of people to move freely and carry on their normal life is hampered, food price is sky rocketing and common people are starving, where are they ? if these things carry on for much more then real people of Nepal have to carry out cleaning these dirty bags from Nepal forever, that day no one will be crying for these shitheads.

- saru
Well said, Dr. Dulal. You are my Nepali Journalist Hero of the Year 2009. MyRepublica.com / Republica News Portal is my Best Nepali News Portal of the Year 2009. Kudos.

Human rights groups in Nepal have hidden political agenda, as we all know it for long time. Therefore, their actions are always escape goats. It is not fair and balanced by bringing Mr. Basnet to the court. The main cultprit in this whole saga as Dr. Dualal has correctly pointed out is Mr. Prachanda. He should be tried in court for the genocide and mass murders like in Madi, journalists like Shah, Dekendra, Mr. Karki, and so many. Human rightists in Nepal always excuse Maoists, and their excuse is always "They come from Jungle, so they don´t know the rule of law." Is it enough? Should not Ram Hari Shrestha get justice? We must remember that Dr. Dulal was pointing finger towards human rights group by asking them to be balanced and bring all the culprits to the record and get fair trials on either side. In current Nepal, every Maoist supporters try to point finger only on Nepal Army, and just shield all the bad behaviors of Maoists. Even UNHCR is keeping blind eyes on Maoists, is that fair? It is because UN is an organization run by never publicly tested cunning people in the world. Whose goal is always to sympathetize the opponents of people i.e. so called rebels, so that they can get huge chunk of money in contract, TA/DA, and extending their luxurious life all around the world.

Maoists, particularly, Prachanda and Kham must be tried in court.

Thank you, Dr. Dulal, for your courage to stand behind these poor sons and daughters who risked their life by joining Nepal army, to protect our rights to remain away from dictators like Prachanda. I suggest Nepali people to say thank you to the Nepali Army boys when they walk around you. You should not consider that all the Nepal Army boys who dedicate their life to protect us are bad guys, yes there are some bad apples, but it is statistical, and they should be certainly brough to justice, but at the same time, Maoists should not forgotten for their crime against humanity. Period.

GyaRel

- GyaRel
Excellent Article..!!! Well written and analyzed.
I agree completely with the author that the so called Human Right Activists of Nepal should open their eyes and bring to book those big fish like Puspa Kamal Dahal and his Maoist party before its too late to ruin their image.
Well said, these Human Right Activists of Nepal are just PUPPET of some groups,indeed.
And one more question for all; Why we Nepalese people are so benevolent to accept Maoists as our leaders(?) when they have committed such excesses of killing our innocent fellow people???? These Puspa Kamal and his comrade friends should be tried in the court............Yes, we ant JUSTICE..................fair justice...............indeed

- A.Kharel
Awesome, except that you defeat your own case by your biased rant against the Maoists.
Would you write a similar [paper if the accused were Maoists cadres and ask for investigation into the torture by army men?
Would you?
If justice is selective, it is injustice!, then Dr. Saab you seem to be the perpetrator of injustice.

- Ratnakar
Amartya Sen, in his book "The Idea of Justice" writes that we can choose to do something about the injustices that emerge from a conscious "design of those wanting to bring about that outcome".

As Dulal puts it:"Justice is only justice if it is consistent." Human Rights activists should push for the punishment of all perpetrators instead of indulging in cherry-picking.Nepal is well known for its culture of impunity. If the Maoists are excused, shouldn�t Major Basnet be excused?

If Major Basnet gets punished, so should the Maoists and vice-versa.Everyone is equal in the eyes of the law.The sooner these Human Rights activists realize this, the better.

- Prashanna Mahat
Nicely done, Dr. Dulal. I agree that the Nepali human rights� organizations are mostly driven by political agenda than by the universal message of rights. Secondly, we sorely miss an united, effective national voice that asks, "What is collectively good for our country and her further?" Abuses of human dignity in all shapes are wrong. Cliche or not, justice delayed is justice denied.

- KNP
This msg is for Arthur. Obviously the lefties from west are hellbent on bringing commies to power in Nepal. One thing is striking how you people could live with yourself with blatant hypocrisy is beyond my imagination.

Why doesn�t human rights apply across the board as the writer pointed out?


- buzz
As I wrote earlier that Dr. Dulal is my Nepali Journalist of the Year 2009, and MyRepublica.com / Republica is my Nepali news portal of the year 2009. Why? Read the following article on Dec. 22´s letter to the editor section. It shows the power of the Republica. In just one year, Republica has replaced the other English and Nepali News Dailies, it is because the team matters. It is the same team that had courage to publish the deman of several hundred thousand rupees by Maoists several years ago. My hat off salute. Read the article on the op-ed page, URL: http://www.myrepublica.com/e/component/flippingbook/book/25-republica-dec-22/1-republica.html

You should read the second paragraph on the second column of the letter written by Mr. R. Bennet. He writes, "It may at times seems that human rights organizations direct most of their criticisms towards the leaders of the government rather than Maoists party leadership ...."

Mr. Bennet, it is not some time, it is almost 99% of the time you and your Nepali counterpart human rights organizations go behind government, if you don´t believe just look at your bulletine in Dec 21´s Maoist attack on Police Officers. You are very soft on the Maoists, but you accuse Police Officers of attacking and going beyond the line. You forgot that Mr. Chaudhary was attacked in a preplanned manner, and provoked by Maoists News Media, and you failed to provide any clue on this part of the news. How biased you are? It is because your guys are UN-tested people running political organizations. You are always biased towards the so called rebels so that you can continue to get our tax paid money make lavish life in your home country. Shame on you.

Your logic of attacking only leaders of the government is a shame on your side. In few months, you will see more outburst from public against you so called UN-human rights organizations, as people come to know more and more about you guys. You have hidden political and money making agenda, nothing less nothing more. You are not for Nepali publics, otherwise what were you doing when Ram Hari Shrestha was killed in a camp monitored by you and your sister organizations. You give free ride to Maoists, because your excuse is, "Maoists are from jungle, and they don´t have to behave." Sometime, you run ads to fool common Nepali people as if you are real human rights organizations. You are running crocodile tears. People will slowly undestand it. Either change your behavior, or you will soon be dumped by people as UN-useful bunch of idiots.

If you have a got, write a full length article in Republica with a balanced view on Goverment´s mistakes, and Maoist mistakes. We know that there are some bad apples in government, but you guys are showing government is too bad, but Maoists are very good and some bad apples within Maoists are acceptable because it is rare. You are slowly being rejected by people, if you don´t change your position and turn yourself to be a true human rights organizations.

Good luck to you.
GyaRel

- GyaRel
DR. DULAL,...!!!! Well written and bravely written article....CONGRATULATIONS......after all, JUSTICE is JUSTICE..........it should be equal to all.........Now, its major Basnet´s turn, tomorrow should be Prachanda´s turn,day after Babu Ram´s turn and their entire party leaders turn.................perhaps!!! And THROW AWAY those so called Human Rights Group of Nepal.......WE DO NOT NEED THEM........

- Pradyumna S
I think this whole Maina Sunuwar-Major Basnet hoax was created by some journalist in Republica who either was following some hoax himself or had personal issues with the man. The military court had already found the guilty long ago, and their rulings was indeed a correct one. Regarding the double standards of justice, we need to talk to the donors who fund the human rights and enlighten them about the wrong things their hard earned money is wasted on. An extensive google search will help us find many donors.

- Rakesh
@buzz
forget the commies from the west, i am a commie from nepal and so are the more than 50 percent voters who voted for the different commie parties be it maobadi ae-male and other smaller baam parties.
One thing I do not understand is why you are so hell bent on exscluding commies from power in Nepal? Forget your apprehensions, no matter what the Mao-badi says, one party rule is not going to happen- period.
besides the idea of selective justice, I leave to you a historical question.
read the Nuremberg trials and ask yourself why Harry Truman was not punished for dropping the atomic bombs in nagasaki and Hiroshima?
Besides, as I have consistently raised; Captain basnet was a State paid soldier out there to defend his countrymen not to rape and kill women. I am not saying he is guilty but allegations should be probed by a CIVILIAN court.
But then , you would perhaps want an army rule, who knows??

despite my ramblings, I have but a single point to make; Nepal is a polarised society between people like you, who think the Maoists are a bag of shit and people like me, who believe they have championed the cause and done more than 12 years of NC rule. hence, the only option avaialable is to sit down and find some common ground. true, it will be hard for people who have had friends and relatives killed by the Royal Army and vice versa, but there is no escaping it, there is no other option if Nepal is to survive.
Peace

- Ratnesh
@ Prashanna Mahat

Nice point, why stop with Prachanda and company?
What about the punishment for Girija babu, Sher bahadur Deuba, Ram sharan mahat and the like?
Why dont we hear about calls for their punishments?
I lost a family member to the wonderful Royal Army at Bhairabnath. Should not the then government be responsible??
Atleast, i believe they should.
Anyways, a hypothetical situation for you
Lets say, Ram has a second marriage and his first wife does not file a complaint. he is living happily. Now Shyam does the same, but his wife files a complaint in the court. now can the court dispense of her petition saying that Ram is not suffering the consequences, why should Shyam suffer. it would be a miscarriage of justice.
See, where your logic leads to?
Talk to maina Sunuwar´s mom and tell her that the only reason the major should go free is because npoone else has been caught.
We do start somewhere right, despite our political afflictions and bias?

- Ratnakar
Selective Justice