A/HRC/7/3/Add.2
page 90
investigations have been launched, even though in one case an internal inquiry found
four police responsible and imposed minor disciplinary sanctions. In at least one case,
OHCHR was concerned that the investigating internal personnel were linked to the same
unit responsible for the torture.
458.
There have been no independent investigations into the allegations of systematic
torture and disappearances in 2003/2004 by the Bhairabneth Battalion which had been
documented in OHCHR’s May 2006 report and OHCHR never received a detailed
response from the Government. In December, a site was identified where the body of one
of the disappeared may have been cremated.
459.
Attempts by victims, relatives of victims and NGOs to file complaints for past
and on-going human rights violations by security forces and abuses by the CPN-M have
met with little success. Police continue to refuse to register complaints, citing lack of
instructions from national authorities or similar reasons. Even when complaints were
filed, they did not lead to full criminal investigations and not one member of the security
forces or the CPN-M has been prosecuted and convicted as a result of a First
Information Report (FIR).
460.
In the case of Maina Sunuwar (see A/HRC/4/33/Add.2, para. 448), the Supreme
Court, in September 2007, ordered the police to provide a report on its investigations
into the death within three months and also, using provisions of the Freedom of
Information Act, ordered the Registrar of the Supreme Court to make available to her
family of access to NA records including the Court Martial, which the NA had submitted
to the Court. As of January 2008, one year after the visit of the High Commissioner for
Human Rights to Nepal during which the NA Chief of Staff and the Home Minister had
given her assurances that justice would be done in this case, police have taken very little
initiative to investigate, and the NA failed to give police access to documents, suspects
and witnesses. In an earlier development in the case, in March, in the context of the
police investigation, a body believed to be that of Maina Sunuwar was exhumed by
forensic pathologists from an unmarked grave at the NA Birendra Peacekeeping Training
Centre. The DNA sample taken from the skeletal remains in March was not sent to India
for analysis until the last week of November, and the family have not yet been able to
recuperate the body in the absence of official confirmation of her identity
461.
Interventions by the APF and the NP in the context of crowd control have
resulted in at least 27 deaths and many injuries since the signing of the CPA. According
to OHCHR’s statistics, 26 people were killed in the Central (12) and Eastern Region (14)
in 2007, as a result of police (NP and/or APF) using firearms or beatings in the context
of demonstrations or protests. At the end of December 2006, a man was shot dead by
police during looting and protests in Nepalgunj. Nineteen killings occurred during the
Madheshi Andolan. In ten of these cases it was impossible to determine whether NP or
APF personnel were responsible because of the nature of the police operation. At least
four of the victims killed by police in connection with protests were under the age of 18.
In most of these cases, circumstances of the killings documented by OHCHR suggested
that the individuals died as a result of excessive use of force. In particular, OHCHR has
raised continuing concerns about the use of curfew orders to justify the use of force
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