E/CN.4/2006/6/Add.5
page 29
sitting upright. At the time of the interview he complained of generalized pain, weakness in his
legs, headaches, visual disturbances, impaired memory and loss of self-worth. His complaints
and demeanour are consistent with prolonged physical and mental torture, and he needs
psychosocial counselling. He was interviewed on 14 September 2005.
40.
The Government reported that no information could be found at present.
41.
Madan Kumar Dhungana, age 26, Phulwari VDC, Kailali district. On
22 August 2005, he reported that he was on his way to buy something when his bicycle broke
down. He accepted a lift from the driver of a jeep. There were two other passengers, a woman
and a man suffering from Japanese encephalitis, and he agreed to assist them by accompanying
them to Nepalgunj. They were stopped at the APF Tactical Training Facility, Kohalpur, and
ordered into the compound. They were taken to the nearby RNA Kohalpur barracks, and when
he arrived at the barracks RNA personnel and about 20 or 25 APF personnel pulled him out of
the jeep and started punching, kicking, choking and beating him with rifle butts and sticks. An
army official ordered the APF to stop. At the barracks he was interrogated about his alleged
involvement in Maoist activities. He denied any connection with the Maoists. They told him
that his fellow Maoists had forced army personnel to hold their severed penises in their mouths
during a Maoist attack in the area. The female passenger was pulled out, verbally abused and
slapped in the face. She also denied having any connection with the Maoists. He was ordered to
sit on the ground and both he and the woman were blindfolded. He was forced to remain in a
headstand for almost two hours before he finally broke down. He was struck with a rifle butt on
the toe. They threatened to kill him and to force him to eat meat because he was a strict
vegetarian. The woman was severely beaten until she confessed. They ceased beating him when
they were satisfied that he was not involved with the Maoists. They were handcuffed and
blindfolded throughout the night. For food they were given rice with sand and no water. The
next day he was brought to the District Police Office, Nepalgunj, where he remained for three
days. He was released with the help of an NGO on the condition that he report back regularly to
the DPO. He was interviewed on 14 September 2005.
C. Follow-up to previously transmitted communications
42.
Concerning Ms. Maina Sunawar, aged 15, and the subject of previously
transmitted communications of the Special Rapporteurs on the question of torture; extrajudicial,
summary or arbitrary executions; violence against women; and freedom of opinion or
expression, and the Special Representative of the Secretary-General on human rights defenders
(see E/CN.4/2005/62/Add.1, paras. 1066, 1150 and 1176). According to the information
received, on 27 September 2005, a court martial found the perpetrators, Colonel Bobby Khatri,
Captain Amit Pun and Captain Sunil Adhikari, responsible for the torture and death of
Maina Sunuwar in the RNA Shanti Gate barracks, Dhulikhel. They were sentenced to
six months’ imprisonment, though they will not spend any time in detention because they had
already served this time consigned to their barracks. In addition, the promotion of the
two captains would be suspended for one year, while the colonel’s promotion would be
suspended for two years. The colonel was ordered to pay NRs 50,000 as compensation to the
victim’s family members, and the captains were ordered to pay NRs 25,000 each. The
Government has been ordered to pay NRs 150,000 as compensation.
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