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Statement to the Press by Ian Martin, Representative of the High Commissioner for Human Rights in Nepal
19 August 2005
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UNITED NATIONS OFFICE OF THE HIGH COMMISSIONER
FOR HUMAN RIGHTS IN NEPAL
19 August 2005
The purpose of this briefing is to make available to you the reports of two investigations by OHCHR Nepal, and to update you more generally on our activities.
The report of our investigation into Attacks against public transportation in Chitwan and Kabhrepalanchok Districts deplores the loss of life and injury caused by these attacks and emphasizes the primary responsibility of the CPN (Maoist) for the killing of civilians in both cases which were in violation of international humanitarian law. Our report also summarizes the investigation carried out by the Central Committee of the CPN (Maoist) on the Chitwan attack, which was provided to OHCHR, as a result of which the CPN (Maoist) lays the responsibility for the attack on five of its personnel, who it states have been detained. OHCHR’s report also finds the RNA to have been in breach of the State authorities’ humanitarian law responsibilities through its failure to take precautions to protect the civilian population in the context of its repeated and regular use of public transport facilities.
The report of our investigation into the Killing of civilians in Banbehda condemns the violent abduction, abuse and murder of three women, two men and a one-year-old child. The OHCHR is unable to reach a conclusion as to the identity of the perpetrators, but notes that the acts suggest a level of premeditation and organization and an ability to carry them out brazenly, in the immediate vicinity of an RNA base. In addition to urging the police to continue its own criminal investigation, our report calls upon the CPN (Maoist) to conduct an enquiry, at the initiative of its leadership, to establish whether any of its local cadres were involved in the Banbehda killings and to make its findings public.
Preliminary versions of both reports were sent to the state authorities concerned and to the leadership of the CPN (Maoist) to give them an opportunity to respond before they were made public. This will be the general practice of OHCHR in relation to major investigations. I particularly welcome the willingness expressed by the RNA to consider recommendations to amend its policy on the use of civilian transport.
You are aware of my appeal to the CPN (Maoist) to respect international humanitarian law in relation to those RNA soldiers taken prisoner after the attack at Pili. I welcome the public assurance that they will be released, and urge that this takes place as soon as possible. I also welcome the RNA’s decision to have independent forensic examinations of those killed conducted by the Department of Forensic Medicine at Tribhuvan University in order to see whether there is evidence of violations of international humanitarian law.
You have received along with the notice of this briefing a press release informing you of our first visits to army barracks and other places of detention, carried out without prior notice and including interviews in private with detainees.
Human rights officers are undertaking visits to investigate other cases and issues of concern in various districts, within the limits of our current staffing. Two officers who have already been visiting Nepalgunj will be stationed there from next week.
Over 270 individual complaints of human rights violations have so far been registered with OHCHR. Among these, the largest number are enforced disappearances of those reportedly detained by state authorities and abductions by the CPN (Maoist). Arising out of these, we have made representations to the CPN (Maoist) about reported killings, abductions and threats. We have put to the RNA new cases of disappearances, and are coordinating with others to enhance the effectiveness of efforts to clarify the many outstanding cases. We have also made representations to state authorities about reported extrajudicial executions, cases of torture, arbitrary arrests and re-arrests of persons judicially ordered to be released, and threats to journalists and human rights defenders. I welcome the circular issued by the Ministry of Home Affairs ordering that court orders are to be respected and persons released are not to be immediately re-arrested. It is a particular concern that children are among the victims of reported violations by both the CPN (Maoist) and state authorities.
In addition, we are investigating the nature of self-defence or vigilante groups. We are examining the use of the Offences Against the State Act in relation to Nepal’s obligations guaranteeing freedom of expression, and assessing convictions by the Royal Commission for Control of Corruption in relation to guarantees of fair trial. Regarding the NGO Code of Conduct prescribed by the Social Welfare (First Amendment) Ordinance, we have drawn the attention of the Government to the principles of freedom of association for human rights defenders and have been promised consultation as the Code is developed.
It will be at least October before OHCHR Nepal will be fully staffed and able to operate as intended from offices in Biratnagar and Pokhara, as well as Kathmandu and Nepalgunj. But our initial activities and assessment will be reflected in the report by the High Commissioner to the forthcoming session of the United Nations General Assembly.
We are in discussion with the National Human Rights Commission about how we can best cooperate and how OHCHR can best fulfill its mandate to advise and assist the Commission. And I would like to conclude by expressing my respect and appreciation for human rights defenders throughout the country, whose cooperation is vital to OHCHR’s own work and whose courage and dedication are the most important long-term guarantee of human rights protection in Nepal.
FOR HUMAN RIGHTS IN NEPAL
19 August 2005
The purpose of this briefing is to make available to you the reports of two investigations by OHCHR Nepal, and to update you more generally on our activities.
The report of our investigation into Attacks against public transportation in Chitwan and Kabhrepalanchok Districts deplores the loss of life and injury caused by these attacks and emphasizes the primary responsibility of the CPN (Maoist) for the killing of civilians in both cases which were in violation of international humanitarian law. Our report also summarizes the investigation carried out by the Central Committee of the CPN (Maoist) on the Chitwan attack, which was provided to OHCHR, as a result of which the CPN (Maoist) lays the responsibility for the attack on five of its personnel, who it states have been detained. OHCHR’s report also finds the RNA to have been in breach of the State authorities’ humanitarian law responsibilities through its failure to take precautions to protect the civilian population in the context of its repeated and regular use of public transport facilities.
The report of our investigation into the Killing of civilians in Banbehda condemns the violent abduction, abuse and murder of three women, two men and a one-year-old child. The OHCHR is unable to reach a conclusion as to the identity of the perpetrators, but notes that the acts suggest a level of premeditation and organization and an ability to carry them out brazenly, in the immediate vicinity of an RNA base. In addition to urging the police to continue its own criminal investigation, our report calls upon the CPN (Maoist) to conduct an enquiry, at the initiative of its leadership, to establish whether any of its local cadres were involved in the Banbehda killings and to make its findings public.
Preliminary versions of both reports were sent to the state authorities concerned and to the leadership of the CPN (Maoist) to give them an opportunity to respond before they were made public. This will be the general practice of OHCHR in relation to major investigations. I particularly welcome the willingness expressed by the RNA to consider recommendations to amend its policy on the use of civilian transport.
You are aware of my appeal to the CPN (Maoist) to respect international humanitarian law in relation to those RNA soldiers taken prisoner after the attack at Pili. I welcome the public assurance that they will be released, and urge that this takes place as soon as possible. I also welcome the RNA’s decision to have independent forensic examinations of those killed conducted by the Department of Forensic Medicine at Tribhuvan University in order to see whether there is evidence of violations of international humanitarian law.
You have received along with the notice of this briefing a press release informing you of our first visits to army barracks and other places of detention, carried out without prior notice and including interviews in private with detainees.
Human rights officers are undertaking visits to investigate other cases and issues of concern in various districts, within the limits of our current staffing. Two officers who have already been visiting Nepalgunj will be stationed there from next week.
Over 270 individual complaints of human rights violations have so far been registered with OHCHR. Among these, the largest number are enforced disappearances of those reportedly detained by state authorities and abductions by the CPN (Maoist). Arising out of these, we have made representations to the CPN (Maoist) about reported killings, abductions and threats. We have put to the RNA new cases of disappearances, and are coordinating with others to enhance the effectiveness of efforts to clarify the many outstanding cases. We have also made representations to state authorities about reported extrajudicial executions, cases of torture, arbitrary arrests and re-arrests of persons judicially ordered to be released, and threats to journalists and human rights defenders. I welcome the circular issued by the Ministry of Home Affairs ordering that court orders are to be respected and persons released are not to be immediately re-arrested. It is a particular concern that children are among the victims of reported violations by both the CPN (Maoist) and state authorities.
In addition, we are investigating the nature of self-defence or vigilante groups. We are examining the use of the Offences Against the State Act in relation to Nepal’s obligations guaranteeing freedom of expression, and assessing convictions by the Royal Commission for Control of Corruption in relation to guarantees of fair trial. Regarding the NGO Code of Conduct prescribed by the Social Welfare (First Amendment) Ordinance, we have drawn the attention of the Government to the principles of freedom of association for human rights defenders and have been promised consultation as the Code is developed.
It will be at least October before OHCHR Nepal will be fully staffed and able to operate as intended from offices in Biratnagar and Pokhara, as well as Kathmandu and Nepalgunj. But our initial activities and assessment will be reflected in the report by the High Commissioner to the forthcoming session of the United Nations General Assembly.
We are in discussion with the National Human Rights Commission about how we can best cooperate and how OHCHR can best fulfill its mandate to advise and assist the Commission. And I would like to conclude by expressing my respect and appreciation for human rights defenders throughout the country, whose cooperation is vital to OHCHR’s own work and whose courage and dedication are the most important long-term guarantee of human rights protection in Nepal.