A/HRC/4/33/Add.2
Page 83
sentenced to one month’s imprisonment. There was no indication whether the investigation
included possible chain-of command responsibility.
452.
The rest of the cases did not appear to amount to human rights violations. In most of
the cases, it was impossible to tell whether the accused were on duty or off duty. In most cases,
the individual was found guilty of “fighting with civilians” or getting drunk and fighting with
civilians, often in restaurants or hotels. There was no indication of what “fighting with civilians”
or “ill-treatment” consisted of. The maximum sentence given was two years’ imprisonment (for
beating up civilians in a market place – it is not clear whether this was in the context of a
military operation). Most, however, were sentenced to between one and three months
imprisonment and/or discharged or demoted.
453.
The secret detention, torture and disappearance of 49 individuals held at the
Bhairabnath Battalion Barracks in 2003 was reported by OHCHR-Nepal in May 2006. It also
included allegations of acquiescence of medical personnel in the torture. In response to
allegations of torture, the NA Task Force which was set up to look into the allegations stated
that:
a)
When questioned regarding the different forms of torture and sexual humiliation
the detainees were subjected to as stated in the report of the Office of the United Nations
High Commissioner for Human Right (OHCHR) in -Nepal, military persons said as
detention camps were put up in open spaces and were guarded by the sentries by turns,
there could not have been an environment where sexual humiliation and torture could be
inflicted and such blames are fictitious and misleading. Such acts are not found to have
taken place in the Maharajgunj barracks. Asked whether the persons brought under
control on the suspicion of being terrorists were subjected to electric shocks, submerged
into water, beaten, sexually humiliated and disappeared in the course of investigations in
violation of human rights and humanitarian law, they answered that no one including
themselves had ever undertaken such activities.
b)
As revealed by the statements, detainees were interrogated near detention camps
but separately, most of the information sought from the detainees could be obtained
through ordinary questioning, in instances when detainees refused to provide information
the techniques commonly used to retrieve information included the use of loud voice,
threatening, by making sounds of someone else being beaten with sticks elsewhere in a
dramatic way and the sound of people crying, and at most slapping a person a few times.
That the ill-treatment worse than this and the torture were inflicted in a systematic way
was completely denied. Some had, as per the statements, slapped those who refused to
provide information immediately a few times and served various threats. This was
prompted by the practical compulsion to take military actions by immediately obtaining
information.
c)
None were involved in beating the detainees on a whim or under the influence of
alcohol or hashish as the persons except those authorized by the chiefs of the units were
restricted from moving from and to the detention camps in the Laxmini was complex,
detainees were treated in a human way and only designated persons were instructed for
questioning. As employees of the medical profession were allowed in when they were
called in for taking care of the patients, doctors were called from the military hospital
from time to time for examination and treatment of patients and if needed they were
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