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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