NATIONAL 9 (Spotlight Weelky)]

Action On Awareness

Despite guarantees in the constitution and international conventions, why are human rights abuses so widespread?

By AKSHAY SHARMA

One evening Ram Bahadur Khatri met his childhood friend Syam Gharthi Magar (names changed) at Ram's house in Kathmandu. They were noisily exchanging laughter when a police van screeched to a halt outside the house. The faint knock on the door was inaudible to Ram's neighbors, except Hira Kaji Maharjan. He happened to look out into the cold night.

He saw police officers arrest the two friends. Ram asked why they were being apprehended? They were threatened. Ram managed to record the conversation and Syam was able to film the event.

They were taken to Jan Sewa Police Station and then transferred to Hanumandhoka Police Headquarters. They were told that they were being held for investigation and would be released after they handed over the tapes and the photographs. Scared and intimidated, they gave in to the promises but were not released.

"We do not have any information whether the family of the victims got compensation or the violators of human rights were tried and punished," says Krishna Kharel, a human rights activist with Amnesty International.

Syam managed to get out in a week although the police repeatedly took them to court seeking permission to extend their custody. Ram was not so lucky. He suffered a terrible ordeal for a crime he did not commit. Ram was charged with manslaughter in a stabbing incident. The true offenders were arrested a year later.

Kharel says the root of the problem is lack of transparency in the system. "When we press the police about the problem, they pass it on to the politicians. The police say they catch people and have to let them go because of political pressure."

The elimination of torture was the focus of Amnesty International's program to mark International Human Rights Day on December 3. " We have drafted letters to the prime minister, home minister and the inspector-general of police to recognize this year as a year against torture," Kharel told SPOTLIGHT. "We are organizing a chain of events to make the people at the grassroots, the police and especially civil society to strictly observe the year," he added.

"We also intend to build awareness because torture often results from the failure of society to identify and tackle the problem."

Amnesty International reports that hundreds of people in Nepal, including prisoners of conscience, were detained without trial for up to several weeks during a series of opposition strikes and demonstrations. Torture and ill treatment have been reported among these demonstrators and other detainees.

"The people have not been able to enjoy the rights enshrined by the 1991 constitution. Complaints of police atrocities have been growing. Some torture victims have managed to go to the appellate court. But almost all of these cases are still with the court," says Kharel.

Kharel says human right groups face difficulties in the absence of essential information. "We have international agencies, laws and even the constitution in our hands, but still things don't seem to work out."

He says several non-state parties are also violating the rule of law. "Maoists have resorted to kidnapping and murder. Both the government and the Maoists are not seriously taking the breaching of the Geneva Convention's Article Four."

Kharel says there is a need for improvements in the system along with greater human rights awareness. "The police need to acquire high-tech gadgets and better devices to detect crime. We are involved in human rights awareness campaigns for police. Over 600 recruits in Biratnagar, Chitwan and Kathmandu have been put in these awareness programs. There is one trainer from our side and two from the police department," adds Kharel.

With proper training and awareness, people may not have to undergo the tragic experiences of Ram and Syam. n