Cease-fire instills hopes of early release among detainees

By Suvecha Pant

KATHMANDU, Feb 21 : Hundreds of people who were arrested before and during the state of emergency have now found hope of release after the cease-fire, which was declared on January 29.

This is evident as the families of those detainees, who were arrested under Terrorist and Destructive Activities (Punishment and Control) Act (TADA), are now flocking the Supreme Court to file cases seeking their release.

According to Advocate Yeak Raj Bhandari, Executive Member of Nepal Bar Association (NBA), which is currently giving legal aid to those cases of habeas corpus, told The Kathmandu Post that the number of cases have increased enormously in the past month.

"From January 2003, NBA has registered 55 cases," said Bhandari, adding that out of the 55 cases, most have been after the cease-fire.

The reason for such an increase in the number of cases regarding the release of detainees can be attributed to the sense of security that the cease-fire has instilled. "Families who have kept quite for a year for fear of their lives are now hopeful that their loved ones can be released," added Bhandari.

Take for instance the case of Sadhikshya Bhandari. Fifteen months ago, her husband Khil Bahadur Bhandari, editor of Janadesh weekly, was arrested under TADA.

Sadikshya filed a writ at the Supreme Court during the nine-month emergency asking for the release of her husband but to no avail. However, on February 11 her brother again filed a writ petition at the apex court once again asking for the release of Bhandari.

Today only ten days after her brother filed a writ petition at the Supreme Court for Khil Bahadur’s release, the Court ordered his release. Similarly, the court also issued an order for the release of Sadikshya’s father Dil Bahadur Adhikari, who was also arrested last year under TADA.

"The reason for such a quick decision by the SC must be due to the cease-fire," said Sadikshya to The Kathmandu Post. "I am very happy that the SC has ordered the release of my husband and father."

She also added that the writ petition filed during the cease-fire was quite different from that during the emergency.

Since emergency rule ended in Nepal last August, hundreds of cases have been filed in the SC seeking the release of detainees held under TADA. Accordingly, the apex court issued orders in several cases for release of those arrested but the government fail to release them.

Now, with the cease-fire, the public feel that their family members would be released.

"The people felt threatened during the emergency," said Satish Krishna Kharel, secretary, NBA. "They felt scared that their family members would be arrested again after release."

Even the lawyers were scared to represent cases related to the detainees. "A few lawyers were also kept under detention while pleading for such cases," said Kharel, adding, "The cease-fire has brought on a sense of security and trust. People now seem to have confidence that their family members will be released."

During the emergency, the Court was strict while issuing decisions on releasing the detainees but after truce, they have become more liberal.

Murder was a part of planned Maoist strategy: Report

Post Report

KATHMANDU, Feb 21 : The panel instituted to probe the assassination of Inspector General of Armed Police Krisha Mohan Shrestha, his wife and a bodyguard has submitted the report to IGP Shyam Bhakta Thapa on Friday.

The panel headed by Deputy IGP Keshav Baral has said that the assassination was part of the strategy of the Maoist outfit to kill members of the political establishment, security and administrative chiefs. In fact, the entire plan was conceived and implemented by special task force of the outfit, the report said.

The report has named Harke alias Umesh Tamang, Bibek alias Krishna Hari Sainju and Asha alias Jujubhai as the accomplices in the assassination. Yet another person could not be identified the report said.

Additional accomplice include Krishna Nagarkoti, Sita Karanjit and Kamal Bista. While Sainju was arrested in injured state, Nagarkoti was arrested with arms and ammunition from his rented room. All the accused were rounded up in the course of the investigation.

The report also says that Tamang was the key man who arranged arms and ammunition even as he kept tab on the movement of IGP Shrestha and eventually shot him to death. He has not yet been rounded up, the report says. Yet another person who fired shots and is untraceable now is Jujubhai.

The assailants had fired at Shrestha, his wife and bodyguard after meticulous tab on their morning movement on January 26, the report said.

Maoists are sincere, serious this time: Thapa

Post Report

KATHMANDU, Feb 21 ; Surya Bahadur Thapa, former chairman of the Rastriya Prajatantra Party (RPP), today said that the Communist Party of Nepal (Maoist) was sincere and serious to solve the problem through dialogue.

"I feel they are really serious this time," Thapa told reporters at his residence today, soon after meeting the two Maoist leaders, Krishna Bahadur Mahara and Dinanath Sharma. "Mahara and Sharma told me that they want to solve the problem through talks. They also said that no one can win this war through violence."

Explaining the reasons for the Maoist duo’s meetings with the leaders of various political parties in the last few days, Thapa said the Maoists wanted to clear the suspicion on the "suddenness" of the cease-fire. "The Maoists maintain that truce was not out of any conspiracy but after long discussions and it occurred after the government decided to remove terrorist tag on the Maoists, withdrew the Interpol red corner notice against them and also removed the price on their head."

Thapa added that the Maoists are telling the political parties that they are not being bypassed, rather the rebels are seeking the parties’ co-operation in solving the crisis. They are also into confidence-building exercise which they felt was also the duty of the government."

When asked what was necessary to solve the problem, Thapa replied, "Immediate and absolute trust between the political parties and the king. Moreover, there has to be co-ordination, co-operation and unity between the parties, the king and the Maoists."

The former RPP chief also emphasised that the king should take the parties into confidence. He also said, "The king should act as per the letter and spirit of the constitution, as the six parties represented in the last parliament have demanded. Once this is done, other decisions will follow suit." He also said the rebels have been told to help create an atmosphere in which the people will exercise their choice without any fear.

Thapa emphatically said that the RPP did not attend the recent all-party meet called by Prime Minister Lokendra Bahadur Chand "despite the photo-trick showing RPP chief Pashupati SJB Rana attending it". However, he also criticised the role of the parties. "The parties should not act in a prejudiced manner, rather they should be objective."

Recalling that the Maoists had complained of the government’s slow response in forming the team for peace talks with the rebels despite the latter having done so, Thapa said the government should act responsibly instead of indulging in mere general talks. "This is the unprecedented time for Nepal and the government should act appropriately."

Meanwhile, speaking at a RPP central observers’ training programme in the capital today, the former party chief said the political parties were facing identity crisis, with the RPP facing the biggest such challenge.

According to a RPP party leader who attended the meet, Thapa called upon RPP to express its continued solidarity to multi-party democracy, constitutional monarchy and people’s sovereignty. "Let’s tell everyone that RPP is not a CID of any power centre and act as sentry to people’s rights," he reportedly said.

Int’l conference on community media, social justice kicks off

Post Report

KATHMANDU, Feb 21 : A weeklong conference on Community Media and Social Justice got underway in the capital today.

A total of 250 delegates from 30 countries are scheduled to debate on various aspects of community broadcasting in the next one week.

The objectives of the eighth conference of global body of community broadcasters include evolving community radio as the means to achieve social changes and to evolve a common forum with keeping in mind the aspiration of the Southern Hemisphere.

The conference will come to an end after coming up with Kathmandu Declaration on role of community media in upholding human rights. Moreover, the delegates are also expected to institute an Asian network of AMARK, which is a global network of broadcasters. Also on the anvil is an action plan for the regional broadcasters. AMARK is the apex body of nearly 2000 community radio stations around the world.

Significantly, the conference will also present the Nepalese experience of community broadcasting as an example for Asian nations. Additional objectives include exchange of experience between community broadcasters, to evolve fresh ideas and to identify strategies for AMARK for the next four years.

The conference is being held at a time when many nations have been found obstructing the functioning of community radio which has been playing pivotal role in raising awareness among the grassroots section of population.

However, there are certain nations like Canada, France and South Africa where community radio stations receive grant from the governments. There are also nations which do not differentiate between community radio, commercial broadcasters and government run radio stations although it is the community radio stations which are becoming increasingly popular worldwide, press release issued by Nepal Forum of Environmental Journalists (NEFEJ) and Radio Sagarmatha said. The conference has been organised by these two organisations.

Child victims of conflict plea for peace and rehabilitation

By Bikash Sangraula

KATHMANDU, Feb 21 : Apparently, peace is on its way back to Nepal. For those who have lost their dear ones, things are not going to be easy.

Eleven-year old Bimala Dahal of Jigaun, Banke, lost her father last December. Her father was taken to custody by the army, and was declared dead a day later. "A day later, we heard on the radio that father had been killed in an ambush," she told The Kathmandu Post. Bimala’s father Kamal Dahal was a schoolteacher.

She heard that her father had been killed for being a Maoist. Bimala, her younger sister and their mother tried to get hold of the dead body, but to no avail. The Child Victims of Violence and Rehabilitation Centre (CVVRC) - Nepalgunj, provided shelter to the Dahal sisters. Bimala is in Kathmandu now to participate in a rally organised today by Child Rights Watch Group, Nepal.

The rally saw hundreds of students and child victims holding placards urging the government and the Maoists to declare children and women as permanent zone of peace. The rally started from the exhibition road in the capital today morning and circled Tundikhel to reach New Road, Ason and ended up back in the exhibition road. The rally was participated by children and social workers from Sahara Group, Nepal Children’s Organisation, UCEP (Underprivileged Children’s Education Programme)- Nepal, Paropakar, Child Rights Civil Society and Maiti Nepal.

Bimala Dahal and Deepak Shah, 13, from Dailekh recited a poignant letter demanding that children be allowed to study and play and not forcefully engage in violence. Shah is one of the fortunates who escaped from a Maoist training camp. After the declaration of the cease-fire by the government and the Maoists, a group of students and school teachers were kidnapped from a school in Dailekh.

"Along with hundreds of students, six teachers were also kidnapped," says Shah. Shah and four children escaped from the Maoist’s camp, after training under them for two days. He gleefully relates how they taught him to hide, fight and jump. "They would also have taught me to use guns. But I escaped too early," says the jolly lad.

He reached Surkhet a day after he left the camp and was sent packing by police officers to Kathmandu. "They told me that staying there would be risky. So, I would be better off earning a living in Kathmandu, far away from the terrifying observation of the Maoists," Shah told The Kathmandu Post. Luckily, Maiti Nepal found him and handed him over to the Sahara Group, where he is currently staying. The whereabouts of his friends and teachers is still a mystery.

Rameswor Rijal, a social worker with CVVRC- Nepalgunj told The Kathmandu Post that there are 16 children in the centre. "Three of them were victimised by the security forces and the remaining suffered at the hands of the rebels," said Rijal.

Bhanubhakta Dhakal, President of the Sahara Group says that the rally organised today is expected to spread awareness and raise a strong voice against the victimisation of children and women. "We have collected a hundred thousand signatures demanding that the rehabilitation of affected children and women get priority in the ongoing peace process," says Dhakal. The group will be shortly submitting the demand to the King through Prime Minister Lokendra Bahadur Chand.

All-party Govt only solution to impasse: UML

Post Report

KATHMANDU, Feb 21 : Madhav Kumar Nepal, general secretary of the Communist Party of Nepal-Unified Marxist & Leninist (CPN-UML), today said that an all-party government with executive powers could only be an alternative to resolve the current political impasse.

Speaking at a face-to-face programme organised by the Reporters’ Club in the capital, Nepal said, "An all-party government as per the letter and spirit of Article 128 of the constitution is only an option at such critical political situation."

Nepal also termed the present Lokendra Bahadur Chand government as an illegitimate and claimed that it doesn’t have executive powers. The UML has been maintaining that the king has already rested the executive powers in him through his October 4 royal proclamation.

However, he could not delve into the method how the would-be-all-party government would receive executive powers.

Among the four political forces "currently in existence", he termed the Maoists as ultra leftists, Nepali Congress liberal democrats, UML revolutionary democrats and the king a conservative force.

Demanding an immediate dissolution of the Chand-government, Nepal asked all the political parties to reach at a meeting point.

He also urged all the political parties to work towards safeguarding the achievements of the 1990 peoples’ movement.

General secretary Nepal raised doubts over success of the government-Maoist peaceful negotiation. He flayed the Maoists of still not respecting the norms of cease-fire. "The Maoists have still continued extortion, spree of killings. In such a situation, how we can believe them?" Nepal urged the Maoists to make clear about their demands of formation of interim government, constituent assembly and round-table conference. He also made it clear that the UML would consider upon the Maoists’ demands only after they come up with clear definition over them.

"Who will call the round-table meeting, what could be its structure? The Maoists should clearly speak on these issues," Nepal said.

He also opined that the government and the Maoists should immediately make their code of conduct public.

The second meeting of the newly elected central committee of the UML has already decided to launch a nation-wide peoples’ campaign as a part to put pressure upon the government for the formation of an all-party government.

Nepal said that the UML would convince all other political parties to move firmly with the demand of the formation of all-party government.

NHRC forwards code of conduct to Govt, Maoists

Post Report

KATHMANDU, Feb 21 : The National Human Rights Commission (NHRC) today forwarded the draft of the code of conduct governing the cease-fire to both the government and the Maoist outfit. The code of conduct also comprises an agreement on cease-fire.

Among others, NHRC has suggested that the peace process should involve handing out compensation to the affected section of population even as the peace process is not derailed under any circumstances.

Moreover, NHRC has laid equal stress on abiding by the human rights, while the efforts are taken to clear the issue of the people who have been arrested and whose whereabouts are not known. The suggestions come after intensive deliberation in the public fora, the press release issued by NHRC on Friday said.