In depth Analysis

Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment in Nepal

Kathmandu: Below we reproduce some excerpts of the release on Nepal which has recently been published by the US Department of State. The report, as reported last week as well, is a compilation of the findings by the Bureau of Democracy, Human Rights and Labor. This part of the release deals with torture and other cruel and inhumane treatment meted out to Nepali prisoners in Nepal by concerned authorities. The text begins-Chief editor.

The Constitution and criminal law prohibit torture; however, the police often use torture and beatings to punish suspects or to extract confessions. According to Amnesty International, torture methods include boxing of the ears, beating of the feet, and the rolling of weights over the thighs. Amnesty International noted that torture apparently was used to intimidate or punish detainees and to extract information and/or confessions, and that torture often took place while detainees were held incommunicado and unable to contact family, doctors, or lawyers (see Section 1.d.). The Government has failed to conduct thorough and independent investigations of reports of police brutality and has refused to take significant disciplinary action against officers involved. Police often are unwilling to investigate and to discipline fellow officers, and persons are afraid to bring cases against police for fear of reprisals. The Constitution provides for compensation for victims of torture, and the Torture Compensation Act, providing for such compensation, was passed by Parliament in 1996. According to Amnesty International, 12 persons made claims under the act in 1998; 6 later withdrew their complaints, reportedly because of fear for their safety. The Government has begun human rights education for the police force. According to an August government newspaper report, the Government suspended seven police personnel and appointed a high-level commission to probe the death of trucker Ale Tamang following alleged police torture while in custody on the charge of theft. The police allegedly doused the victim’s legs with kerosene and set them on fire, dipped them in water, and again burned them. The appointment of the commission came after considerable public criticism. In October 1998, Ganesh Rai died in police custody as a result of torture. Two policemen were suspended in connection with the case.

Human rights groups have reported instances of torture in areas affected by the "People's War." Dozens of male detainees reported having torture inflicted on them by the police, while women in these areas have reported instances of rape and sexual abuse by the police. Representatives of Amnesty International who visited the country after the May 1998 police sweeps against UPF insurgents began reported that they found evidence of "the systematic use of severe torture" by police. AI also raised its concerns over the relative impunity of the police for such actions.

Local and international human rights groups also have documented Maoist violence in areas affected by the "People's War," including the severing of arms and limbs. The Maoists most often have targeted political leaders, local elites, and suspected informers, including representatives of the more moderate Communist Party of Nepal--United Marxist-Leninist (UML) and of the Nepali Congress Party (NPC). Throughout the year, Maoists looted banks and bombed or set fire to government offices, hospitals, and homes of local political leaders. International nongovernmental organization (NGO) offices also were attacked on several occasions. There also were cases of intimidation, torture, or other degrading treatment. On February 16, insurgents threw a gasoline bomb at a truck in Kathmandu. No one was injured. Maoists were suspected of bombing the home of Padam Prasad Pokhrel, the civilian official who controls the country's police force, on March 2. No one was injured in the bombing. On March 29, the office of an international NGO in Gadhi, Kabhre district was looted by Maoists. On April 7, a hospital run by the Adventist Development and Relief Agency (ADRA) in Makwanpur district was bombed by the Maoists; no one was hurt. On April 15, in Kathmandu, four suspected Maoists entered a tax office during working hours, poured gasoline in the office, and set fire to it. The perpetrators left pamphlets calling for a general strike. On April 18, insurgents stopped Lalitpur land revenue official Tara Nath Subedi, smeared black paint on his face, and told him to stop accepting bribes. They then doused him with gasoline and tried to set him on fire, but Subedi escaped. On May 1, two policemen and three election officials were injured by a Maoist bomb while heading to Sisna village. On June 8, Maoists attacked Govinda Pahadi of Sindhuli with khukuri knives, and seriously wounded him. On June 25, Maoists attacked Yadu Prasad Wasti and Gunjeswor Neupane in Gorkha district. The two reportedly were tied up with ropes and beaten with polythene pipes. In Tanahu district on August 5, Maoists dragged Raj Lohani, a member of the Nepali Congress district committee, out of a truck carrying some 100 passengers and killed him in front of them. The Maoists called for a general strike on October 8; on the night prior to the strike, bombs exploded in Kathmandu, Gorkha, Bhadrapur, Jhapa, Syangja, Chitwan, Birgunj, and Sindhulimadi. At least 10 persons were injured in the bombings. Bombs were defused by the army in Hetauda and Nuwakot.

On September 22, deputy superintendent of police Thule Rai was abducted by Maoist insurgents in Rukum. He was released on December 20.

Prison conditions are poor. Overcrowding is common in prisons and authorities sometimes handcuff or fetter detainees. Women are normally incarcerated separately from men, but in similar conditions. The Government still has not implemented a provision in the 1992 Children's Act calling for the establishment of a juvenile home and juvenile court. Consequently, children are sometimes incarcerated with adults--either with an incarcerated parent, or, as one local NGO reports, as criminal offenders. The Department of Prisons states that there are no cases of children in jail or custody for offenses they have committed; close to 100 noncriminal dependent children, however, are incarcerated along with their parents (see Section 5). In Rukum district, a 13-year-old boy was arrested in 1997 and accused of being a Maoist. He was held for 6 months with 54 adults in a cell designed for only 15 persons, before a trial date was scheduled.

There has been some improvement in prison conditions. The authorities are more likely to transfer sick prisoners to hospitals than they were in the past. However, due to the inadequacy of medical facilities in the country, the authorities sometimes place the mentally ill in jails under inhumane conditions.

The Government permits local human rights groups and the International Committee of the Red Cross to visit prisons.

(Text courtesy:USIA, Kathmandu).

System doesn’t reflect real Maoists option!

Kathmandu: The continued paralysis in parliament and the adamancy on the part of the opposition to force Prime Minister Girija Prasad Koirala to resign on demand has resulted in a stalemate. A month long stalemate of this nature has only naturally precipitated search for a way out. Several all-party meets have not yielded much. The Girija lobby insists on the functioning of the parliamentary process. The opposition insists that Mr. Koirala has no moral grounds to stay after his minister resigned on the Lauda affair. Curiously, public apathy over the whole process has denied the opposition public interest in the effort to raise the streets against the government. The deadlock is thorough.

It is not thus by any chance that people are seeking options to the stalemate outside the parliamentary process. While it becomes increasingly likely that Prime Minister Girija may seek resort to yet another election to break the stalemate, its negative impact on the democratic process as such may be even more compelling, the opposition say. Warnings that his own party may find differences on the issue appear a hindrance so far. But noneless than the Prime Minister knows that it is he who has to seek an outlet from the current impasse.

Not surprisingly again, public concerns over Maoists gain in the country hardly figure in government and opposition actions. Maoists reaction to government gestures for talks have at best been lukewarm. The recent government release of jailed Maoists names have been dismissed summarily by Maoists leaders as containing merely three of the hundreds claims by the insurgents with the government. It is possible here to recall former Premier Krishna Prasad Bhattarai’s response some two years or so ago with his statement, "they have already been killed". Juxtapose this with continuous human rights organizations’ claims of violations and the picture may be clearer.

What should be clearer still regardless of the charged media environment playing up parochial partisan interest even on the Maoists issue is the fact that both center and peripheries suffer both from government and Maoists excesses with a virtual breakdown of the law and order situation. Excesses have been committed in an environment of opportunism. The organized political sector has not been able to take up this issue at all.

It is this opportunism that is being expensive for the country. Current fluidity and lack of direction dictates that immediate benefits be sought from office. Cadre demands this attitude also. Corruption therefore has reached even to the grassroots of the public sector and the common man thus becomes the prey. It is those who give that can take and it is those who take that give. It is not surprising therefore that the disorganized common man seeks solace. More and more, it is the Maoists at the local level who is providing answers to the common man’s search for authority, justice, fairplay, and delivery. Surprisingly Nepali democracy is unable to reflect this in public.

Koirala losing internal base; close aides suggest him to quit

Biratnagar: The opposition remains undeterred. Prime Minister Koirala as per his unbending character too remains adamant. In the process, the ongoing 19th session of the parliament remains totally paralyzed with no signs of taking up business. The stubbornness exhibited by both the ruling Koirala faction of the congress and the entire opposition over the most unfortunate and infamous Lauda air deal has not been only entertaining the national population but has also become global.

The Cambodian Speaker summarily rejected his trip to Kathmandu and this he did on grounds of health. United Nation’s Secretary General too politely decided not to address the Nepali parliament for obvious reasons. Both the world dignitaries got the point and left the Nepali stalemate to the mercy of the 205 men who have taken up the responsibility to decide the fate of the Nepali population.

Cambodian Speaker could cancel his Nepal trip. Prime Minister Koirala could not resist his temptation for a visit to France. How the seasoned French leaders could have taken the utterances of Nepal’s shaky and accused Prime Minister during the bilateral talks in Paris is any body’s guess.

The question is not that which of the warring rivals, the opposition or for that matter the ruling clique, were correct in their adamancy and for the present mess in the parliament, rather the question is that why should the lay men or say the majority of the population honor such lawmakers who have through their naughty behaviours given a very bad name to a system that is considered to be one of the best systems prevailing in the world.

The non-partisan population which albeit is in a sizeable chunk possess every right to ask their fate-makers as to what they wish to exhibit to the nation and the international community through their most hated and ugly manners that has already corroded the beauty of the system now in place.

Fresh reports made available in Biratnagar reveal that Koirala will rather prefer to "handover" the system back to the place from where it was released some twelve years back. This means that Koirala will defend his case till the doomsday.

Implied is the fact that opposition-the rock-solid opposition-will push Koirala to the wall to the extent that they will even witness the "handing over" ceremony but will not settle for less than the resignation of the Prime Minister.

The fact is that Koirala is supposed to have told his "internal" desire to act that way should the opposition push him to that extent at a congress party meeting only the other day. Thanks that some of his rivals retorted to Koirala’s "undemocratic" utterances and politely hinted that the latter should resign.

Most importantly, the two close aides of Koirala in the current scheme of things, Narhari Acharya and minister J.P.Gupta, at the meeting too hinted their boss to act the opposition way and help save the country from going to the collapse. A grand departure indeed. This also means that slowly but very steadily Koirala is losing his internal base.

However, the two close aides had a brilliant face saving formula for Koirala. The scheme: resign from the parliamentary party leadership. This meant that Koirala after resignation will not be the Prime Minister and the party will select its leader from among the congress conglomerate.

This notwithstanding, those who know Koirala better in his hometown opine that the latter will not prefer a "most humiliating ouster" of the sort suggested by his close chums.

The ugly drama will continue till perhaps a disaster grips the nation.

Telegraph adds: Minister J.P.Gupta , according to a congress source, has resigned. His resignation has come after the new communication minister allowed the Space Time Network to resume its programs which Gupta had cancelled.

Press Club to greet Israeli diplomat

Biratnagar: Final touches have already been given by the Biratnagar Press Club to greet the Israeli Ambassador in Biratnagar who arrives here Thursday morning.

The Press Club officials, officials of the local metropolitan city and some newspapermen, will greet Ambassador Avraham Nir upon arrival at the airport.

The Israeli diplomat will begin his program by paying a courtesy call on the Chief District Office of Moranf district and thereupon he will visit the Purvanchal University. The Varsity officials will greet the Israeli diplomat.

His programs include among others, visiting some factories, educational institutions, orphanages, and a familiarization trip to B.P.Koirala medical foundation located in Dharan.

Ambassador Nir will meet some prominent businessmen and is scheduled to address a press gathering as well.

The Israeli envoy is also scheduled to meet the students, teachers at the Mahendra Morang Campus.

The local office of the Telegraph weekly is assisting the Press club, which has been coordinating, the whole affair here.

Maoists’ say no to talks?

Biratnagar: The Maoists’ leaders have apparently concluded that the fresh offer of talks from the government could be a calculated ploy of the Koirala regime to prolong its tenure.

Indications to this effect has emanated from the Maoists’ quarters which suggest that talking to a shaky and blamed government of this sort would have no meaning as the entire opposition is demanding the summary resignation of the Prime Minister.

They have also analyzed that initiating dialogues with Koirala regime at this critical juncture would tantamount to dishonor the opposition demand and going against the will of the people.

The fact is that the Maoists would never go against the will of the people and hence the news that they would exhibit their reluctance in talking with the present regime appears to possess some truth in it.

If the Maoists fresh disinclination for talks with the establishment is correct then it offers yet another jolt to the already shaky and discredited government led by Prime Minister Koirala.

The deadlock in the parliament since a month plus and the reluctance in arriving at an amicable solution to the current impasse has forced the people to question the very existence of the government in the country.

The fact is that the entire bureaucracy is at a standstill. The ministers remain dumb found for they too do not know their own fate as to what would happen the next moment. The congress is divided and the Koirala detractors feel happy at the manner the opposition is grilling their own leader. Add to this the trusted and the close aides of the Prime Minister too have started ventilating their preference of a Girija resignation to get out of the current stalemate in the parliament. The opposition, very surprisingly, remains united from the day one till todate.

Under such depressing atmosphere as it is for Premier Koirala, the Maoists reluctance for talks with his regime will add to the strength of the opposition.

Unconfirmed reports say that the constitutional monarch too ventilated his feelings over the sad affairs in the country while being in China with a select group of Nepali businessmen.

Former Prime Minister Bhattarai too has suggested Koirala to resign and bring back normalcy in the nation. He however, suggested Koirala to step down from the leadership of the parliament and save face.

All put together, it is becoming increasingly difficult for Koirala to continue as Prime Minister.

USIA director in Biratnagar

Biratnagar: Mr. Bob Kerr, the Director of the USIA, Kathmandu office is arriving here today.

During his two days stay in Biratnagar, Mr. Kerr is meeting the heads of various media organizations and is scheduled to make a lecture on US-Nepal Relations at the Morang Industries Association.

In what has been described as a "familiarization" trip, the director of the USIA is also meeting the officials of some important educational institutions such as Purwanchal University and Mahendra Ratna Campus.

After his Biratnagar trip he is expected visit the refugee camps situated in Jhapa district.

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