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Long Journey to Justice for Victims of Nepal

Long Journey to Justice for Victims of Nepal

Recently the Attorney General in Nepal ordered the police to halt an investigation into the alleged killing of a journalist by Maoist rebels.

And month a Nepalese army colonel was charged in the UK with two counts of torture during Nepal’s Civil War.  

During Nepal’s decade-long Civil War, both the army and Maoist rebels were accused of human rights atrocities. 

Recent progress has increased the pressure on the government to punish war criminals. 

Dakendra Raj Thapa was a journalist for Radio Nepal, the state-owned radio station. 

He was accused of spying and in 2004 he was abducted and killed by Maoist rebels. 

In January this year the police arrested five people allegedly involved in the murder. 

Laxiram Gharti is one of them.

"I was a Village Committee member for the Maoists then. It was 10 o'clock in the morning. There were 9 of us. We brought him into the school grounds for interrogation and all of the rebel soldiers started kicking and punching him and beating him with a stick. He fainted after being hit in his testicles. His whole body started swelling. He was unconscious. Then we buried him in our friend’s land nearby.”

The police investigation found that he was buried alive. 

But the police stopped investigating the case following an order from the Attorney General’s Office. 

During a TV show, Attorney General, Mukti Pradhan, explained why he issued the order. 

“Our constitution and Peace Accord has clearly mentioned that all the cases of the conflict time will be investigated by Truth and Reconciliation Commission. That body is only legitimate to find the truth, investigate and interrogate people. If we start dealing these cases individually, then it's against the spirit of the peace agreement and constitution.”

In 2006, both the government and the Maoist rebels signed a Peace Accord and formed a Truth and Reconciliation Commission which would act as a transitional justice body.

Draft bills to establish the Commission have been tabled in Parliament but they’re still debating proposals to grant an amnesty for abuses by the government and Maoist rebels. 

In the Supreme Court, Govinda Bandi challenged the government’s attempts to stop the investigation. 

He is a legal advisor for the International Commission of Jurists. 

“Even if you have transition justice mechanism; the duty power, functions and mandate of Truth and Reconciliation Commission is to reveal the facts and establish the truth. They cannot replace the criminal justice system. But in this case truth is already established. How Dekendra was abducted, how he was killed, how he was buried alive. It's all there. What the Truth and Reconciliation Commission do on that?” 

Govinda argues that cases related to civilians during the conflict should be treated differently from cases relating to the conflict, to ensure justice.

“To be a political crime, there has to be a conflict between two parties. But this was the case, one unarmed person abducted by Maoist cadre. He was not involved in war, not taking part in hostility. Dekendra Thapa was not killed during the war. He was simply killed by Maoist people. And involvement of Maoist is not enough to qualify political crime.”

In return, the Supreme Court has ordered the government to continue the investigation. 

But on the ground, all the investigating officers have already been transferred to other districts. 

I am with Devi Sunar in front of the legislative house in Baneshor, Kathmandu. 

Her 15 year old daughter, Maina Sunar, was abducted by the Nepalese Army in 2004. 

“I was going to my mother's home that day. I dropped off my daughter on the way. And she said, "Mother! Please come back soon. I have an exam at school. My brothers will not let me study. (crying) She was wearing black trousers, a colourful t-shirt and a jacket. I can still picture what she looked like." 

The National Human Rights Commission said that more than 80 percent of cases that happened during the civil war had nothing to do with the conflict. 

More than 13 thousand people died and thousands disappeared. 

The UN documented more than 9,000 cases violating international human rights law. 

Devi’s daughter Maina, is one of them – she was found buried in the Army Barracks almost three years after being tortured, raped and murdered. 

“There were 9 human skulls in the jungle. My daughter was buried three feet deep. When we took her out, there were only bones left, no muscle at all. I saw there was a necklace. It was the glass necklace I gave to her as a present when I went to Pokhara. That's how I recognized her.” 

Many have lost hope but the recent arrest of a Nepalese Army officer in the UK has brought new optimism. 

Colonel Kumar Lama is accused of torturing detainees while he was in charge of the Army Barracks during the decade-long Maoist insurgency.

He faces trial in a British court under a law that allows for the prosecution of alleged war criminals.

Lawyer Govinda Bandi says human rights defenders have started coordinating with international human rights organisations to file cases to the international court. 

"When Nepali authority didn't show their will power to prosecute these crimes that gives a kind of authority, legitimacy or power to prosecute these people will be in outside Nepal. If you failed to address situation here, international obligation is that other countries are competent enough to trial this kind of crime in their own legal system. Many security officials and some Maoist leaders who are the commanders of People's liberation army, can be prosecuted anywhere.” 

All Devi wants is justice for her murdered daughter. 

"The way in which the prime minister and the government has responded to cases from the conflict, has resulted in the culprits being set free. They are trying to protect criminals. They say that it will affect the peace process. I am not asking them for money or property. I want to see my daughter's murderer in jail. That will bring peace for me. I want to see justice being done.”  


  • Nepal
  • war crime
  • civil war
  • eng
  • maoist rebels

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