A Press Release from Advocacy Forum-Nepal forwarded by the Asian Human Rights Commission (AHRC)

FORWARDED PRESS RELEASE
AHRC-FPR-040-2011

A Press Release from Advocacy Forum-Nepal forwarded by the Asian Human Rights Commission (AHRC)

NEPAL: Updates from Advocacy Forum

Report demanding clear policy on exhumation released
29 August 2011. Advocacy Forum (AF) released report demanding clear policy frame work exhumation on the occasion of international day of disappearance, 30 August. AF's report, published both in English and Nepali, "Exhumation of bodies of the disappeared - in need of a policy framework" was by the mother of Sanjeeb Kumar Karna. AF's report points out the need of a clear policy on exhumation process that takes victim family's rights into consideration.

The report further demands clear standard which ensures overall exhumation procedure. It argues that systematic exhumation process can help in protecting evidences that would be supportive in prosecuting perpetrators of human rights violations committed during the conflict, and giving justice to victims. The report has reiterated the call for strong guidelines to carry out exhumation of the bodies of disappeared people.

Please open the link for the copy of the report

http://www.advocacyforum.org/downloads/pdf/publications/impunity/exhumation-of-bodies-of-the-disappeared-english.pdf

http://www.advocacyforum.org/downloads/pdf/publications/impunity/exhumation-of-bodies-of-the-disappeared-nepali.pdf

HR defenders condemn maoist proposal of withdrawing cases

Accountability Watch Committee (AWC) has condemned the UNCP (Maoists) proposal and plan to withdraw all criminal cases of conflict period and to provide blanket Amnesty.

The proposal of UCPN (Maoists) to withdraw all criminal cases relating to the conflict, canceling court decisions and granting general amnesty to all the convicted is utterly condemnable. This proposal goes contrary to peace agreement, interim constitution and Nepal's obligation under international law.
One of the activities in current peace process is to end impunity by carrying out impartial investigation into and bringing perpetrators of serious human rights violations to justice. But the very opposite is in practice and impunity is being institutionalized. The latest proposal by Maoists will terminate the objectives of all transitional justice mechanisms like Truth and Reconciliation Commission and Disappearance Commission. AF has already published the briefings on the issue entitled 'evading accountability by hook or by crook'.

Open the link for the report
http://www.advocacyforum.org/downloads/pdf/publications/evading-accountability-by-hook-or-by-crook.pdf


SC orders to continue custody of kaji karki to advance investigation
In its verdict passed on 15 August 2011, upholding the decision of District Court, Kavre, and quashing the writ of habeas corpus lodged at the Supreme Court by Kaji, the Supreme Court has ruled to continue the custody of Kaji Karki for further investigation. Kaji, an ex-Junior army staff, is charged for his alleged involvement in the murder of Reena Rasaili on February 2004.

Responding to the charge sheet filed against Kaji Bahadur Karki, the District Court Kavre issued an order, on 19 September 2010, to incarcerate Kaji for further trail. Kaji, a fugitive army, was arrested by the DPO Kaski and handed over to the DPO, Kavre on 9 September 2010.
Kaji Bahadur appealed at the Supreme Court on 4 January 2011, after the Appellate Court Patan responding to the writ filed against the decision of the Kavre District Court upheld the decision of the latter. He also lodged a writ of habeas corpus at the Supreme Court on 24 February, 2011 seeking to reverse the decisions of the prior courts to illegally detain him, since the case falls under the jurisdiction of TRC and the existing laws cannot be invoked.

The joint bench of Justices Tahir Ali Ansari and Bharatraj Upreti issues verdict today that this case falls under the jurisdiction of existing laws, as TRC has not been formed yet and its jurisdiction has also not been projected till date.

See the link below for Reena Rasaili case details:
http://www.advocacyforum.org/fir/2011/01/reena-rasaili.php

Torture victim files case against police demainding compensation : Harkali Pun alias Duji has filed a torture compensation case on 24 August 2011 against the District Police Office (DPO) of Banke claiming physical and mental torture by the police during interrogation. She was allegedly charged of human trafficking across the border.

Pun, 49, of Motipur, Bardiya was arrested from Jamunaha Police Station near Indo-Nepal border under the allegation of human trafficking on 12 July 2011. After her arrest she was brought to the DPO of Banke where she was allegedly tortured by two lady police constables under the command of Superintendent of Police (SP) and police Inspector. The victim was allegedly tortured for almost two hours.

One of our arm was fractured because of torture. However, police denied her medical treatment. After repeated interventions from AF, NHRC and OHCHR she was taken to the hospital.

The victim has demanded compensation and immediate departmental action against the aforesaid perpetrators under Torture Compensation Act 1996. Advocacy Forum (AF) has been providing legal assistance to the victim.

http://www.advocacyforum.org/news/2011/08/torture-compensation-case-filed-against-police.php

HR defenders demand action against accused of doramba massacre: On the occasion of the 8th anniversary of the killing of 19 unarmed Maoist activists at Doramba of Ramechhap, district a group of human rights defenders have jointly issued a press release on behalf of Accountability Watch Committee (AWC), a loose forum of human rights defenders. They demanded a prompt legal action against those involved in killings of HR.

The then Royal Nepal Army (RNA) had mercilessly shot dead 19 unarmed Maoist activists at Dandakateri of Duduwa VDC on 17 August 2003 during the ceasefire between the then government and the Maoists. The national human rights commission formed a team one week after the event had concluded in its report that then Unified Command led by the army had taken control over those Maoist activists and subsequently shot them dead with their hands tied at the back.

Notwithstanding several attempts of human rights activists, National Human Rights Commission and international communities to bring the alleged perpetrators to justice, none has so far been held accountable in this regard.

International day against disapperance observed : Number of human rights organizations and the family members of the disappeared joined hand to commemorate the international day against disappearance. Day was commemorated by organizing several events both in the capital and the districts to pressurize government to enact legislation to criminalize disappearance and to form commission of enquiry on disappearance, make whereabouts of the disappeared public, ratify International Convention on Enforced Disappearances, seeking government positive responses in implementation of the recommendations of treaty bodies in relations to the informed disappearances.