E D I T O R I A L

Kathmandu, Tuesday March 18, 2003  Chaitra 04,  2059.

Arbitrary detention

The signing of the code of conduct between the government and the Maoists last week and their pledge to abide by it during the entire ceasefire period has been welcomed by all who want peace restored in the country. The code of conduct, as announced by both sides, came into immediate effect which, inter alia, said that the process of releasing people in each others’ custody would begin soon. The indication that during the first three-week period after the declaration of the 22-point code of conduct from both sides to demonstrate some gestures would certainly increase the level of mutual confidence, an essential requirement for the beginning of the talks. Release of detainees in each others’ custody was one such area where both sides said the process of verification and gradual release would begin.

Maoist politburo member Krishna Bahadur Mahara instantly said that there were literally none in the rebels’ custody. But the same thing cannot be said of the government. Nor can the government be blamed for having arrested people allegedly involved in killing, spread of violence and terror as well as destruction of the physical infrastructures. But, it is only a normal principle and precedence of conflict resolution that even the people who would otherwise merit stringent punishment under the rule of law, can be pardoned for a larger cause—in case of Nepal for a lasting peace — which can come around only when the Maoists give up the politics of violence and join the political mainstream. Will the release help such a process?

The government will be on the razor edge when it takes a decision about the detainees under its custody. While it is obliged to fulfil the conditions it has agreed with the Maoists in order to facilitate the peace process, it also has the responsibility to ensure that those who are released only contribute to peace, and do not take up arms once again. But, at the same time, the government must ensure no one has been illegally detained. For that the list of detainees and charges against them has to be made public at the earliest. There are reports that at least three senior Maoist leaders—Krishna Dhoj Khadka, Rekha Sharma and Mumaram Khanal— all of who helped in the previous peace process are kept in the army custody in Gorkha. With the spell of emergency over long ago, the continued detention by the army is not only illegal, but it might also bring a severe indictment to the country by the international human rights advocates. Their immediate release, even if the verification of other detainees continues, would be in the spirit of the code of conduct. Physical Planning Minister and designated official coordinator Narayan Singh Pun has an obligation to ensure that cases of ‘illegal and inappropriate’ detentions have to be dealt with urgently.