Nepal: One Year of Royal Anarchy


NEPAL: One Year of Royal Anarchy

Nepal: One Year of Royal Anarchy

The research for this report has been conducted by Asian Centre for Human Rights with the assistance from FORUM-ASIA. Asian Centre for Human Rights, 30 January 2006 All rights reserved. ISBN : 81-88987-13-1 Price : Rs.295/- Asian Centre for Human Rights (ACHR) C-3/441-C (Near C-3 DESU Compliant Office) Janakpuri, New Delhi-110058, India Phone/Fax: +91-11-25620583, 25503624 Email : suhaschakma@achrweb.org; Website : www.achrweb.org Asian Forum for Human Rights and Development (FORUM-ASIA) Baan Vichien, Apartment 3B, 220 Sukhumvit 49/12, Klongton Nua, Wattana, Bangkok 10110 Thailand. Phone: + 66 2391 8801 Fax: +66 2391 8764 E-mail: info@forum-asia.org

Table of Contents

I. Failures on Nepal . . . . . . . . . . . . . . . . . . . . . .1
II. Political repression . . . . . . . . . . . . . . . . . . . . . .11
a. Arrest under National Security Laws:. . . . . . . . . . . .11
b. Torture and use of disproportionate force . . . . . . . . . . .14
III. Human rights violations by security forces . . . . . . . . . . . . . . .20
a. Extrajudicial killings. . . . . . . . . . . . . . . . . . .20
b. Involuntary disappearances . . . . . . . . . . . . . . .23
IV. Impunity . . . . . . . . . . . . . . . . . . . . . . . .26
V. Atrocities by CPN-Maoists . . . . . . . . . . . . . . . . . .28
a. Arbitrary killings . . . . . . . . . . . . . . . . . . .28
i. Civilians . . . . . . . . . . . . . . . . . . . . .28
ii. Government employees . . . . . . . . . . . . . . .33
iii. Indiscriminate use of explosives and land mines . . . . . . . . . .34
b. Illegal confinement and torture . . . . . . . . . . . . . .36
c. Abduction . . . . . . . . . . . . . . . . . . . .37
i. Abduction of civilians . . . . . . . . . . . . . . . . .37
ii. Abduction of security forces and their family members. . . . . . .40
d. Economic blockade and its consequences . . . . . . . . . .40
e. Destruction of public services . . . . . . . . . . . . . . .41
VI. Violence against women . . . . . . . . . . . . . . . . . . .43
a. VAW by the security forces . . . . . . . . . . . . . . .43
b. VAW by the Maoists . . . . . . . . . . . . . . . . .44
VII. Rights of the child . . . . . . . . . . . . . . . . . . . . . . .46
VIII. Lack of independence of judiciary . . . . . . . . . . . . . . . . . .49
a. Lack of independence of judiciary . . . . . . . . . . . . .49
b. Violation of Article 95: Duty to extend cooperation . . . . . . . .50
c. Violation of Article 96: Contempt of court . . . . . . . . . . .51
d. Threats against the lawyers . . . . . . . . . . . . . . .55
IX. Crippled NHRC . . . . . . . . . . . . . . . . . . . . . .56
X. Muzzling of freedom of press . . . . . . . . . . . . . . . . . .58
a. Ban on private FM radios . . . . . . . . . . . . . . . .59
b. Summon, arrest and torture of journalists . . . . . . . . . . .60
c. Attacks by the Maoists . . . . . . . . . . . . . . . . .68
XI. Attacks on human rights defenders . . . . . . . . . . . . . . . . .70
XII. Condition of prisoners/ detainees . . . . . . . . . . . . . . . . . .74
XIII. Internally displaced persons . . . . . . . . . . . . . . . . . . . .76
XIV. Increased risks for the Tibetan refugees . . .. . . . . . . . . . .78
XV. The World Bank: National education vs Peoples' education . . . . . . . .80
a. Abduction of students and teachers . . . . . . . . . . . . .81
b. Forcible closure of educational institutions . . . . . . . . . . . .82
c. Attacks on educational institutions . . . . . . . . . . . . . .85
Endnotes . . . . . . . . . . . . . . . . . . . . . .87

1

I. Failures on Nepal

The repression unleashed since the demonstration called by the seven-party political alliance on 20 January 2006 highlights overall failure on Nepal since King Gyanendra Bir Bikram Shah Dev took absolute power on 1st February 2005. Nepal has further descended into the abyss. The much hyped proposed election to all the 58 municipalities on 8 February 20061, which is being boycotted by all political parties including royalist Rashtriya Prajatantra Party, will not give any legitimacy to King Gyanendra. International community is virtually at lost as to how to address the logjam because of the obstinacy of King Gyanendra. No one except King Gyanendra and his cronies take the promise or feasibility of holding parliamentary polls by mid-April 2007 seriously.2 The Maoists control about 80% of the territories of Nepal.

a. Failures of King Gyanendra

King Gyanendra has abysmally failed Nepal on all fronts. The polarisation between the King on the one hand and the democratic forces and the Maoists on the other, threatens the institution of monarchy. Following his takeover, King Gyenendra locked up about 3,000 political leaders, human rights activists, journalists, lawyers etc and suspended the fundamental rights guaranteed under the 1990 Constitution of Nepal. During his talks with the United States' Ambassador to Nepal, James Francis Moriarty on 11 February 2005, King Gyanendra reportedly sought three months - 100 days - to bring the situation in the country under control and remove curbs on citizens.3 The emergency minus the curbs was lifted on 29 April 2005.

On 24 February 2005, King Gyanendra promised before the Nepalese journalists to restore democracy in three years.4 The continued repression of the political leaders, civil liberty activists, journalists, lawyers and the complete contempt of the judiciary show that for King Gyanendra, suppression of democracy is the only way to restore it. The Royal Nepal Army (RNA) has been the only the source of survival of the regime and the key obstacle to the Maoists' takeover of the Kathmandu valley. The RNA has always been, including during 12 years of civilian rule, more loyal to the "Royal" family than to the people or the country. Therefore, it remains more accountable to the King than the civilian political authorities. Apart from perpetrating atrocities and making false claims of military victories over the Maoists, during one year rule by King Gyanendra, the RNA lost further grounds to the Maoists. Its capacity to strike at the Maoists also further diminished. The RNA personnel became more concentrated in towns and the Terai. Most RNA personnel have been engaged in enforcing emergency and curfew, protecting the King, Kathmandu valley and government

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political appointees, and providing escorts to the vehicles caught in the Maoists' road blockade. The primary target of the RNA and other security forces does no longer appear to be the Maoists but the democratic forces. On 13 June 2005, the district authorities of Kavre ordered a team of policemen to rush to district headquarter, Banepa, to arrest over 50 journalists, rights activists and lawyers, who were taking part in a peaceful protest. The same police team was actually assigned to diffuse explosives left behind by suspected Maoists at Sanga along the Kathmandu-Banepa road that disrupted traffic.5 Like all dictators, King Gyanendra first sought to win the hearts of the people with the promise to end corruption that has engulfed Nepal. On 17 February 2005, the Royal Commission on Corruption Control (RCCC) was set up with the powers even to prosecute sitting Supreme Court judges, unheard in any society with any semblance of the rule of law.

A few middle class Nepalese in Kathmandu initially believed that the RCCC was a correct measure to address what ailed the rule of the corrupt politicians. The belief soon evaporated. Dr Tusli Giri, Vice Chairman of the Council of Ministers, was exposed as an infamous defaulter, having duped the state-owned Nepal Bank Limited of a loan of Rs.17.4 million taken on 27 February 1986.6 Tulsi Giri also reportedly received Rs 9,10,000 from the state fund to renovate his kitchen after he became Vice-Chairman.7 The corruption by Royal family members and the Council of Ministers gradually unfolded. On 13 September 2005, three cabinet ministers - then Agriculture Minister Badri Prasad Mandal, Home Minister Dan Bahadur Shahi and Finance Minister Madhukar Shumsher Rana - were found smuggling twenty thousand metric tons of chemical fertilizer from India by the Commission for the Investigation of Abuse of Authority.8 Dan Bahadur Shahi and Madhukar Shumsher Rana were dropped during the cabinet re-shuffle on 8 December 2005. The infamous bank defaulter, Dr Tulsi Giri, with a penchant for shooting from the hip, represents what ailed Panchayat era. Yet, in his first attempt to gain hold over the administration, King Gyanendra promulgated the Local Administration Fifth Amendment Ordinance 2061 on 25 March 2005 to revive the post of 14 Anchaladhishes, the chief administrators of 14 Anchals, regions - mainly political appointees abolished after the 1990 democracy movement.9 On 11 April 2005, King Gyanendra took full control of administration of the country by appointing five regional administrators for the country's five development regions as well as the zonal administrators in the 14 administrative zones to replace bureaucrats. The new appointees failed to make any impact but certainly over-stretched RNA has to provide security to these appointees. At least three district coordinators i.e. Dan Bahadur Sribastav, coordinator of the Kapilavastu District Monitoring Committee and Bhagawan Das Shrestha, coordinator of the Chitwan District Monitoring Committee and Ajaya Raj Singh, Coordinator of Banke District Monitoring Committee were killed by the Maoists respectively on 29 April 2005,10 9 May 200511 and 24 August 2005. Nepal is presently being ruled by various Codes of Conduct and Ordinances and not through the rule of law as provided under the 1990 Constitution of Nepal. King Gyanendra rules Nepal simply because the RNA is able to defend Kathmandu.

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b. Failure of international community

Apart from the authoritarian regimes, most in the international community reacted with disapproval of the coup and took various measures. At the end of one year, it appears that measures have been ineffective to improve the situation in Nepal.

i. Ineffectiveness of limited arms embargo

Military assistance is the key for the survival of any regime of a war-ravaged country like Nepal. Following the royal takeover, the United Kingdom suspended military aid to Nepal.12

India, the principal supplier of arms at 70% subsidy, also stalled its military supply.13 It only provided non lethal weapons such as jeeps, bulletproof jackets, concertina security wires, bunker protection devices and mine-proof vehicles.14 The United States also suspended military training programmes.15

However, given the volumes of weaponry already transferred to Nepal since 2000, the limited military embargo has not been a source of any crisis for King Gyanendra. India provided military assistance worth over "3 billion rupees" i.e. over 70 million dollars since 2000,16 while the United Kingdom had an ongoing commitment of "non-lethal" military assistance worth about 6 million pounds at the time of suspension of military aid. In 2003 alone, the United States had reportedly provided $6.6 million in weapons and services.17 The procurement of arms from India's rival China was an attempt to exploit age-old geopolitical rivalries rather than addressing any serious shortage of arms. In October 2005, the government of China announced its decision to provide military aid of 8 million Chinese Yuan (approximately 72 million Nepalese rupees)18 during the visit of the Royal Nepal Army Chief General Pyar Jung Thapa to Beijing.19 On 22 November 2005, the arms and weapons from China were brought into Nepal in 18 trucks via the Kodari Highway.20

ii. Lack of coordination and monitoring mechanisms on development aid

While the demand for cancellation of military assistance has been unequivocal, development aid remains critical for survival of the regime. Denmark 21 and Switzerland22 suspended all their development programmes due to security reasons. The United Kingdom suspended 2.4 million pounds committed for the fiscal year 2004-2005 to support the Nepal police, prison services and the Prime Minister's Office.23

However, many countries continued to provide development aid. Between 7 March and 16 August 2005, Japan, one of the largest donors, decided to extend a total grant of US$53,267,699 for 9 major programmes, including food production and food aid, medical care and services, education and construction of schools and hostels, roads and forest conservation.24

India also provided financial assistance, mainly for education and infrastructural development. India provided Nepalese Rs 23.6 million for the construction of a school building and boundary wall of the Shree Secondary School, Dhamboji, Nepalgunj,25 Rs

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2,94,84,298 to the Shree Juddha Secondary School at Gaur of Rautahat,26 Rs 6.04 million for the extension of Manakamana Water Supply project in Gorkha district,27 Rs 20.34 million to two educational institutions in Saptari district,28 Rs 12,807,803 for the construction of a school building, science laboratory, library building and a hall for the Ambebar Janata Secondary School, Rajbas, Triyuga Municipality in Udayapur29 and Rs. 29,722,399 for black-topping the Fatehpur-Kunauli road in Rajbiraj, Saptari district.30

Among the multilateral agencies, the World Bank temporarily suspended its US$ 70 million budgetary support for the current fiscal year under the Poverty Reduction Strategy Credit-II, albeit for financial reasons - extremely slow implementation of agreed reform measures.31

However, the World Bank provided grants of Nepalese Rs.2.25 billion to Nepal for Rural Access Improvement and Decentralization Project,32 US$60 million for a five-year higher education reformation project33 and US$320 million for the construction of rural roads and suspension bridges during the next five years.34

The UNDP provided $13.1 million for the project titled "Western Terai Landscape Complex Project".35

Majority of the donors have failed to take into consideration the lack of capacity of the government of Nepal to implement projects in 80% of the territories controlled by the Maoists. The question remains as to how the grant of US$60 million from the World Bank for reform of higher education36 be implemented by the government of Nepal when majority higher educational institutions at 10+2 level have been caught between nationalist education of King Gyaendra and Janawadi Shikshya, peoples' education of the Maoists.

According to Child Workers Network of Nepal, around 13,723 children were abducted for indoctrination along with teachers during January - September 2005.37

Unless effective monitoring mechanisms are placed to micro-manage such projects, the propensity of diverting funds for other purposes to survive the regime cannot be ruled out.

iii. Failure of the nations at the United Nations

Repression by King Gyanendra was brought to the attention of the United Nations Commission on Human Rights during its 61st session in March-April 2005. A draft resolution on the situation of human rights in Nepal under agenda item 9 of the CHR titled "the question of violation of human rights and fundamental freedom in part of the world", also known as country resolution, was circulated. However, India, despite calling for the restoration of democracy and the release of political detainees, journalists and human rights activists at home, maintained a thunderous silence at the United Nations. The United States also failed to take any position at that time and to some extent laid over emphasis on the Maoists' takeover.38

In a further attempt to scuttle the country resolution, Nepalese Foreign Minister Ram Nath Pandey signed a Memorandum of Understanding (MoU) with United Nations High Commissioner for Human Rights, Louise Arbour a few hours before the expiry of the deadline for submission of the draft resolutions on country situations under item 9. Pursuant to the

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MoU, the OHCHR has started its operation to monitor human rights violations. In May 2005, the United Nations Committee on the Rights of the Child (CRC Committee) examined the second periodic report of Nepal (CRC/C/65/Add.30). In its Concluding Observations, the CRC Committee noted "the extremely negative impact of the armed conflict between the State party and the Communist Party of Nepal (the Maoists) on children in Nepal, and that it has created conditions in which even minimal implementation of the Convention is difficult".39

In September 2005, UN Special Rapporteur Against Torture, Mr Manfred Nawak, visited Nepal and reported that torture "is systematically practiced in Nepal by the police, armed police and the RNA in order to extract confessions and to obtain intelligence, among other things".40 The United Nations Committee Against Torture which examined the second periodic report of Nepal41 on 9 and 10 November 2005 affirmed that "no exceptional circumstances whatsoever may be invoked as a justification of torture". The Committee expressed grave concerns "about the exceedingly large number of consistent and reliable reports concerning the widespread use of torture and ill-treatment by law enforcement personnel, and in particular the Royal Nepalese Army, the Armed Police Force and the Police, and the absence of measures to ensure the effective protection of all members of society".42

The Office of the High Commissioner for Human Rights also submitted its report to the 60th session of the United Nations General Assembly highlighting violations by State authorities during armed conflicts as well as violations of democratic rights, including extrajudicial executions, the killing of civilians and the failure to protect civilians, disappearances, arbitrary arrest and detention, torture, threats, and violations of the rights to freedom of expression, freedom of assembly and freedom of association. The OHCHR report also confirmed violations of international law by CPN (Maoist), including summary executions, the killing of civilians, abductions, torture, extortion, forced recruitment, the bombing of civilian buildings and the recruitment of children, as well as serious economic and related disruption suffered by the general population resulting from bandhs.43

Despite such reports from the Secretariat i.e. OHCHR, independent experts like UN Special Rapporteur Against Torture and two UN Treaty Bodies, the 60th session of the United Nations General Assembly failed to act positively as reflected from the failure to sponsor a resolution on the situation of human rights in Nepal. A resolution at the General Assembly would have sent international community's message of disapproval to King Gyanendra. But, sponsoring a resolution at the UNGAon Nepal did not seem to be a priority, among others, as Nepal was relatively peaceful to draw any international attention because of the unilateral cease-fire declared by the Maoists.

c. Missed opportunity for peace: Rejecting Maoists' olive branch

The unilateral cease-fire declared by the Maoists on 3 September 2005 was a significant step and provided an opportunity to initiate a process for restoration of stability, peace and

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democracy. Despite initial doubts about the intention of the Maoists, it has been universally accepted that the violence had come down drastically. According to Informal Sector Service Centre, 33 people were killed in the first month since 3 September 2005. Of them, 29 persons were killed by the security forces and 4 by the Maoists.44 On 4 December 2005, Sudip Pathak, a member of the National Human Rights Commission of Nepal told The Kathmandu Post that during three months of cease-fire, incidents of murder had gone down by 88 percent while kidnapping and extortion declined by 70 percent and 85 percent respectively. Yet, King Gyanendra failed to respond positively to the Maoists' unilateral cease-fire. Rather, the RNA and other security forces sought to provoke the Maoists repeatedly as they did in the past by killing 19 Maoist cadres and two civilians in cold blooded massacre at Doramba on 17 August 2003 while the third rounds of talks between the Maoists and the government was being held in Katmandu.

On 24 September 2005, the security forces killed six Maoists and a civilian in Bahadurpur area of Palpa district in an alleged encounter.45 But the locals alleged that the attack by RNA soldiers was unprovoked and one-sided.46 On 2 October 2005, the Civil Society's Ceasefire Monitoring Committee stated that three Maoist sentries, three Maoist cadres and an ordinary citizen were killed in "unprovoked firing" by the security forces. The report said that "The army could have cordoned the Maoists and taken legal action, but the army took armed action".47

On 15 October 2005, the RNA soldiers killed four Maoists - Mohan Khanal alias Binod, chairman of Maoists' intellectual council of Morang and Sunsari districts, Purna Shrestha, Durga Limbu and Bidur Bhattarai - in an alleged encounter at Limbu Chowk at Belbari-6 in Morang district.48 The eye-witnesses claimed that the Maoists were unarmed.49 An investigation by OHCHR-Nepal into the incident reportedly indicted the army for "serious violations of international humanitarian law".50

The failure of King Gyanendra to initiate talks led to formal talks between the democratic forces and the Maoists. On 17 November 2005, the Communist Party of Nepal (Maoists) and seven-party alliance signed historic 12 - point agreement. The agreement called for end of absolute monarchy, followed by the establishment of a full-fledged democracy and the restructuring of state apparatus to address political, social, economic and cultural as well as class, ethnic and gender issues. The Maoists also agreed to participate in multi-party democracy and lay down arms under the UN or any credible international supervision. The two sides also declared that they would boycott and oppose the municipal elections, scheduled for February 8 and the parliamentary elections slated for mid-April 2007 as these are "intended to give legitimacy to the king". The agreement called for elections for the Constituent Assembly.51

d. Deplorable human rights crisis

Human rights situations remain deplorable with increased killings despite four months of

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unilateral cease-fire declared by the Maoists. The security forces have killed 1,008 people, including civilians during 1 January 2005 - 31 December 2005. Nepal also has the highest number of enforced or involuntary disappearances in the world. The security forces enjoy virtual impunity for illegal arrest, torture, rape, extrajudicial killings, enforced disappearances and blatant contempt of the courts including the Supreme Court.

The Maoists also killed at least 600 persons, including civilians during 1 January 2005 - 31 December 2005. The CPN-Maoists have been responsible for violations of international humanitarian laws by resorting to indiscriminate killings, abduction, rape, torture, and attacks on educational institutions, healthcare systems and destruction of public properties in the country. While withdrawing the cease-fire on 2 January 2006, Maoist supremo Prachanda declared that their "actions will now be targeted against the royal government only". Earlier on 19 June 2005, Prachanda claimed that he had directed all his cadres not to carry out any physical action against any unarmed civilian, including a "criminal". Yet, violations of international humanitarian laws by the Maoists continued to be reported. The Maoists have also been indiscriminately using land mines and other explosives which often kill innocent civilians.

Since the withdrawal of the cease-fire on 2 January 2006, the conflict has intensified. An estimated 66 persons including 33 Maoists, 31 secuirty forces and 2 civilians were killed as on 24 January 2006 The judiciary has virtually collapsed, as Nepal has turned into a lawless country. The government does not cooperate with the court. As many as 1,838 writ petitions filed before April 2004 have reportedly remained unheard in the court as different ministries, organizations and offices have not responded to the apex court orders issued in the preliminary hearing of the petitions.

Nothing reflects the contempt of court that re-arrest of accused after the order of their release by the courts including from the premises of the Supreme Court. Since the royal takeover, Asian Centre for Human Rights has recorded the re-arrest of 59 persons after the courts ordered their release. The credibility of the NHRC has been eroded substantially and it has become a rubber stamp of the Royal Nepal Army. Nothing exposes more acutely than the fact that the International Committee of the Red Cross (ICRC) was forced to suspend its visits to the detention centres in May 2005 after the RNA allegedly failed to abide by the terms of an agreement with ICRC with regard to worldwide working modalities. Only NHRC is presently being allowed to visit the prisons. Until today, ICRC's non-visiting to prisons and detention centre continues.

Messengers have been shot both by the security forces and the Maoists. Among the human rights defenders, the journalists faced the most serious repression under King Gyanendra.

About 430 journalists were arrested, attacked or threatened since King Gyanendra took over power. The FM radios have been banned from broadcasting news and majority of the channels

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have closed down.

Internally displaced persons have not been provided any assistance. To be classified as an IDP, one has to return to the place of origin to be registered as an IDP at the office of the Chief District Officer, thereby increasing the risks of the IDPs at the hands of the secuirty forces and the Maoists. Instead of providing humanitarian assistance, in 2005, the government dealt violently with the conflict induced IDPs who protested against the lack of any support.

The risk of the Tibetan refugees further increased because of the support of the government of China to the royal takeover by King Gyanendra. The Tibetan Refugee Welfare Office has been closed down in January 2005. Many Tibetans asylum seekers have been sentenced to jail for the failure to pay the fines for illegal entry. It is feared that the Tibetan refugees who have been jailed for failing to pay fines might be handed over to the Chinese authorities on completion of their jail sentences.

e. The search of a credible strategy: India basket vs China basket

King Gyanendra repeatedly bluffed the international community especially the Indian authorities.

In his talks with Indian Prime Minister Manmohan Singh in Jakarta on 23 April 2005 during the Non-Aligned Movement summit, King Gyanendra assured Prime Minister Singh that democracy in Nepal would be restored "sooner rather than later" and that he would be sensitive to Indian concerns that there be a "road map" for restarting the political process.52

Even before his return from abroad, King Gyanendra's administration responded by rearresting deposed Primer Minister Sher Bahadur Deuba on 27 April 2005 on alleged corruption charges.

At the sidelines of the 13th Summit of the South Asian Association for Regional Cooperation held in Dhaka on 12-13 November 2005, Prime Minister Singh once again reportedly "underlined to his majesty (Gyanendra) the importance of restoring multiparty democracy in Nepal as early as possible and the need to take concrete steps in this regard... This would not be possible without the involvement of political parties." The King reportedly re-assured Prime Minister Manmohan Singh that he was prepared to take steps towards restoring democracy. After returning from SAARC Summit, King Gyanendra responded to India's demarches by reshuffling the cabinet on 8 December 2005 to bring in more royalists. India's Foreign Secretary Shyam Saran visited Nepal from 11-13 December 2005 to convey New Delhi's message for "restoration of peace and stability and economic recovery" of Nepal. But King Gyanendra locked up all the political leaders prior to the demonstration of the sevenparty political alliance on 20 January 2006.

Individual actions notwithstanding, international community to a large extent deferred on India to take the initiatives for restoration of democracy in Nepal. It has been repeatedly made clear. On 5 October 2005, British Defence Secretary John Reid stated that Britain would act

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in consultation with India on the issue of resuming arms supplies to Nepal.53 Since the supply of arms by China, the issue of China card has been widely discussed in Indian media. There need not be any China card in Nepal. But, it is clear that King Gyanendra has put all his eggs on China basket just the way key actors in the international community have put their eggs on India basket because of the leverage the later enjoys on the landlocked country. The restoration of democracy in Nepal has become a case of China basket vs India basket.

Facilitating a Memorandum of Understanding between the Maoists and seven-party alliance is easier than adopting a credible strategy to squeeze the King to restore peace, democracy and stability.

e. Conclusions and recommendations

After the Royal coup, the United States expressed concerns that the Maoists may come to power and "the humanitarian ramifications of such a regime would be immense, reminiscent of the nightmare brought upon Cambodia by Pol Pot".54 Since then the Maoists have moved closer to democratic forces and accepted multi-party democracy. More than the Maoists, it is King Gyanendra, who appears to be heading towards the regime of Pol Pot. In the absence of any positive response from King Gyanendra, the withdrawal of the unilateral cease-fire by the Maoists was expected. Since the withdrawal of the cease-fire on 2 January 2006, the 66 persons including 33 Maoists, 31 security forces and 2 civilians have been reportedly killed as on 24 January 2006. While it is difficult to estimate the number of prodemocracy activists arrested, about 1,000 pro-democracy activists have been reportedly taken into custody in January 2006. The conflict with the Maoists and the protests by the democratic foces are all set to intensify.

Is the international community waiting for a humanitarian crisis to explode? Nepal is unlikely to be a case which will require controversial humanitarian/military interventions with or without United Nations approval. However, since King Gyanendra appears ready to risk the institution of monarchy itself for his direct rule in Nepal, the application of coercive measures has to be considered.

The overall situation of Nepal will not improve by withdrawing various Codes of Conduct or Ordinances imposed by King Gyanendra. King Gyanendra's direct rule is the most serious obstacle to improvement of overall situation in Nepal. Unless King Gyanendra hands over power to the democratic forces, which will take necessary measures to ensure respect for democracy, human rights and fundamental freedoms, and initiate peace process with the Maoists, Nepal will soon be afflicted by a major humanitarian crisis, irrespective of whether it becomes a case for humanitarian intervention or not.

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Asian Centre for Human Rights and FORUM ASIA call upon the international community to boycott the administration of King Gyanendra by taking the following measures:

- Impose sanctions against King Gyanendra and his administration including a visa ban and a freeze on assets of the members of the Royal family, government ministers, senior members of the Royal Nepal Army, state-owned economic enterprises, and on beneficiaries of the government's economic policy and members of their families;

- Impose complete arms embargo on Nepal and withdraw all technical assistance on financing and financial assistance related to military activities, and on the export of equipment that might be used for repression on pro-democracy activists;

- Withdraw all bilateral and multilateral economic development assistance programmes to the government of Nepal and if projects or programmes are approved for emergency services, such projects/programmes be implemented directly by the donors or through the NGOs;

- Urge the government of Nepal to release all political prisoners including those arrested by the Royal Commission Against Corruption Control such as former Prime Minister Sher Bahadur Deuba and former Minister Prakash Man Singh;

- Urge the Maoists to completely ban any attacks on civilians, educational institutions and public properties including government buildings;

- Urge the government of Nepal and the Maoists to prosecute the perpetrators of violations of human rights and international humanitarian laws belonging to the security forces and the Maoists; and

- Urge the government of Nepal to provide full and unrestricted access to the International Committee of the Red Cross to all detention centres in Nepal.

11

II. Political Repression

After the royal takeover, King Gyanendra crushed peaceful political movement for restoration of democracy and fundamental rights. Meeting, conference, workshop or interaction programme which "undermine the Kingdom's sovereignty and integrity, disturb the law and order of the country or cause any adverse effect on the current state of emergency" were banned. Other meetings in the specified location required "taking a compulsory, prior approval from the Regional Administrator" i.e. the military commanders.55

About 3,000 political leaders, student activists, human rights defenders, journalists, professionals and civilians were either put under house arrest or arrested following the Royal takeover. On 29 April 2005, King Gyanendra lifted the emergency but rallies and demonstrations were banned for the May Day. On 18 July 2005, the government also banned demonstrations by the civil servants' unions in the government institutions through amendment in the Civil Service Act 2049 B.S.56

In view of a mass demonstration called by the agitating seven political party alliance in Kathmandu on 20 January 2006 to protest against the upcoming municipal polls, the government banned all mass gatherings in Kathmandu and Lalitpur.57 The complete ban on the right to peaceful democratic protest brought international condemnation for the royal regime.58

About 1,000 political leaders and activists, human rights activists, students, academics etc have been arrested. The arrest and detention continues unabated.

a. Arrest under National Security Laws

Repression on the political leaders and cadres continued unabated throughout the year. Many have been detained under different national security legislations such as the Public Security Act, Public Offences Act and the Terrorists and Disruptive Activities (Control and Punishment) Ordinance (TADO) of 2004.

While middle ranking political leaders were arrested under various national security laws, senior political leaders were targeted by the Royal Commission for Corruption Control (RCCC). Former Prime Minister Sher Bahadur Deuba and former minister Prakash Man Singh have still not been released. On 31 May 2005, the RCCC sent Sher Bahadur Deuba and Prakash Man Singh to jail along with two other accused in the Melamchi project contract case for refusing to pay a bail of Rs 5 million each.59 On 26 July 2005, the RCCC slapped a twoyear jail term to both of them.60 While the NHRC termed the RCCC's judgement "not justifiable",61 the Supreme Court served a show cause notice62 only to be rebuked on 26

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September 2005 by the RCCC not to intervene in its decision as it is a "political matter".63

The RCCC also made it clear that the Supreme Court could not examine its formation and orders.64

Under the Public Offenses Act, persons can be arrested for alleged crimes such as disturbing the peace, vandalism, rioting, and fighting. The Act authorises the Chief District Officer (CDO) to order detentions, to issue search warrants, and to specify fines and other punishments for misdemeanors without judicial review.65

Under the Public Security Act (PSA) of 1989 and its second amendment of 1991, a person who allegedly threatens the "sovereignty, integrity or public tranquility and order and amicable relations with other States" can be detained for up to 90 days without charge by order of the Chief District Officer. The detention period can be extended to six months by the Ministry of Home Affairs and to 12 months with the approval of an advisory board.

The most draconian is the Terrorist and Disruptive Activities (Control and Punishment) Ordinance (TADO) of 2004 which provided for preventive detention of up to 90 days "upon appropriate grounds for believing that a person has to be stopped from doing anything that may cause a terrorist and disruptive act". Under Section 9 of the TADO of 2004, the Chief District Officer can detain any suspect upto six months or 180 days, which can be further extended by another six months i.e. 360 days subject to approval from the Ministry of Home Affairs. It provides, "In case where there exists appropriate grounds for believing that a person has to be stopped from doing anything that may cause a terrorist and destructive act, the Chief District Officer may issue an order to keep him under preventive detention up to 6 months in a humanely place. If there are reasonable grounds to believe that the person has to be prevented from committing any terrorist activities for longer than that, on the approval of His Majesty the Government's Home Ministry, the Chief District Officer can issue additional six months order of preventive detention".66

TADO was revised in 2005 to put the onus on the accused to prove that they are innocent of accusations, banned members of the public from attending trials and denied access to any case documents by the defending lawyers in such cases. The putting of burden of proving innocent on the accused violates cardinal principles of criminal jurisprudence and Article 14 of International Covenant on Civil and Political Rights to which Nepal is a party. The new provisions were applied for the first time on 1 December 2005 in the cases of Maoist leaders Matrika Prasad Yadav and Suresh Ale Magar. Their lawyer Surendra Mahato was not allowed to have the copies of legal documents of the case.67

On 14 July 2005, six student leaders - Pradip Poudel, Narayan Bharati, BP Regmi, Pushpa Shahi and Saroj Thapa of Nepal Students' Union and Thakur Gaire of All Nepal National Free Students' Union were arrested during a protest demonstration at New Baneshwor, Kathmandu against the government's decision to introduce a "nationalist education system". On 15 July 2005, Kathmandu District Administration Office charged them under the Public Offence Act and slapped a 10-day jail term.68 Their detention was further extended to a week.69 They were

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released on 9 August 2005 following an order from the Supreme Court, which termed their detention "illegal".70

On 31 December 2004 at around 3 pm, Chandralal Giri, 22 years of Okhaldhunga Village Development Committee-7 was picked up by six to seven plain clothed security personnel when he was walking in Pulchowk, Lalitpur near the UN headquarters. He was immediately blindfolded and physically assaulted inside the van. Half an hour later, he was dumped into a cold, dark room at an unknown army barrack and was questioned about his relationships with the Maoists. The security personnel tied his hands and legs together with ropes and tortured him by applying electric shock to his head for close to one hour. They also randomly beat Mr Giri with their fists and sticks, targeting his head, chest, back and thighs. He was detained there for one week and subjected to brutal torture. He was kept in handcuff and blindfolded.

After one week Mr Giri was shifted to Shree Jung Barracks, Singh Durbar where he was kept for fourteen days. He was brutally tortured there by RNA soldiers. On 19 January 2005, Mr Giri was transferred to the Central Jail where he was served notice for arrest under the Terrorist and Disruptive Activities (Control and Punishment) Ordinance (TADO). On 5 June 2005, a habeas corpus petition was filed with the Supreme Court to release Mr Giri from his illegal detention. The court held that he was illegally detained and ordered for his release from Central Jail on 21 June 2005.71

Student leader Govinda Ghimire, 21 years, was arrested on 29 August 2003 from his residence in Chabahil, and was booked under the Terrorist and Disruptive Activities (Control and Punishment) Ordinance. On 12 October 2003, the police, army, Home Ministry, Defense Ministry and the district authorities told the Supreme Court that Ghimire had not been arrested. In response to a habeas corpus writ petition filed by the Advocacy Forum, the Supreme Court on 17 June 2005 ruled that Ghimire was detained "illegally" and ordered for his immediate release in the presence of the District Judge. Following the Supreme Court, the student leader was released on 22 June 2005. But plainclothes security personnel defied the SC order and re-arrested him at the Kathmandu District Court premises. Mr Ghimire's relatives, lawyers and human rights defenders, who had gone there to receive him, were physically assaulted by the securitymen. The securitymen also barred The Kathmandu Post photographer, Bikas Karki, from taking photographs.72

On 11 June 2005, Lalitpur District Administration handed over a three-month arrest warrant to Bashu Koirala, general secretary of Nepali Congress-aligned Nepal Students Union. He had already completed three months of preventive detention in Lalitpur District Police Office.

Koirala had been arrested from a rally organized by the mainstream political parties against the February1st royal takeover.73

On 19 June 2005, six political leaders, identified as district secretary of the Nepali Congress Prakash Sharma Poudel, former president of the Nepal Bar Association Appellate Court Bar Baglung unit Krishna Prasad Sharma Neure, CPN (UML) secretary Sri Prasad Sharma, deputy secretary Indra Lal Sharma, in-charge of the Baglung unit of Jana Morcha Nepal, Krishna Thapa and member Dambar Chhantyal were detained by the police in Baglung for

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participating in a protest rally against the February 1 royal takeover on 18 June 2005. At least 17 political workers earlier arrested from Mahendranagar were also sent to jail under the Public Security Act.74

On 10 April 2005, several more political leaders and activists were reportedly sent to jail for three months under the Public Security Act. Four opposition leaders including Pratap Lal Shrestha were jailed in Tanahun. Eight opposition leaders including NC convention member Tulsi Giri in Syangja, and two leaders including former minister Yamlal Kandel in Surkhet were sent to jail.75 Baglung district CPN-UML committee members Janak Poudel and Khem Prakash Pathak, who were arrested on 9 April 2005, were also handed over warrants for threemonth detention under the PSA.76

On 12 April 2005, 30 political activists detained in Bhaktapur were handed three-month arrest warrants under the Public Security Act. They included Modnath Prashrit, Shanta Manawi, Goma Devkota and Devshankar Poudel of the CPN-UML; Meena Pandey, Duryodhan Singh and Ramchandra Adhikari of the Nepali Congress; and Deep Kumar Upadhayay and Rudramani Bhandari of the Nepali Congress-D.77 On 15 December 2005, security forces arrested former Pyuthan district vice-chairman of All Nepal National Independent Students' Union - Revolutionary (ANNISU-R), Bipin Pokharel, from District Hospital at Bijuwar VDC in Pyuthan where he was undergoing treatment. Later he was sent to police custody. According to Chief District Officer Dol Raj Dhakal, Pokharel was taken into custody as per the Terrorists and Disruptive Activities (Control and Punishment) Ordinance-2005.78

b. Torture and use of disproportionate force

Abuse and torture of detainees by the Nepali security forces is systematic. During his visit to Nepal from 10 to 16 September 2005, the UN Special Rapporteur on Torture, Manfred Nawak confirmed that the security forces brutally torture detainees in order to extract confessions and to obtain intelligence reports. Methods of torture in detention include beatings with bamboo poles and plastic pipes, kicking with boots, electric shock to the ears, rolling rods over the thighs, jumping on thighs and legs, maintenance of stress positions, being bound to a pole and hung upside and beaten, especially on the soles of the feet, and prolonged periods of being blindfolded and handcuffed.

After the Royal takeover, police suppressed pro-democracy protests by using disproportionate force. Torture is not merely limited to the use of force by resorting to lathi-charge and tear gas shells on the peaceful demonstrators. Women protestors were allegedly bitten, beaten up and poked batons at their sensitive organs, sexually molested and abused by the security forces during arrest as well as under security detention.79 The police also shot at demonstrators indiscriminately.

On 20 September 2005, Head of the United Nations Office of the High Commissioner for

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Human Rights (OHCHR) in Nepal, Ian Martin, expressed serious concern over "incidents of police throwing stones at demonstrators leading to injuries, the use of teargas guns in close proximity to demonstrators and in the vicinity of hospitals and schools, the arrest of demonstrators on questionable legal grounds, the excessive and indiscriminate use of force by some policemen while taking demonstrators into custody, the failure to facilitate access to medical care for injured demonstrators, as well as threats and injuries to some human rights monitors and members of the press observing the demonstrations".80

Leading medical experts in Nepal have asked the authorities not to use tear gas against demonstrators, as this can cause serious complications like chest pain, cancer and loss in reproductive capability in the long run.81 Yet, the riot police continued to use tear gas shells not only against demonstrators on the open streets, but also within school and hospital premises.

On 24 July 2005, plainclothes security personnel forcibly took Lokendra Khadka from Kapan and tortured him before he was released on 25 July 2005. As Khadka said, "I was shocked when they blindfolded me and started beating me severely, accusing me of being a Maoist extortionist....My pleading innocence fell on deaf ears. Instead they gave me electric shocks frequently." His condition was so serious that he could not even stand on his feet. He had to be admitted at Kathmandu Medical College following his release.82

On 1 August 2005, five students, three of them seriously, were injured in police beating near Putalisadak at Shankar Dev Campus. Student activist Chandra Silwal reportedly lost a finger while Subharam Basnet and Ramesh Kunwar sustained injuries. They had to be admitted to Kathmandu Model Hospital.83

On 8 August 2005, at least 22 students were injured, four seriously, in police beating during a peaceful protest programme in front of Amrit Science College, Lainchaur, Kathmandu.84

On 12 August 2005, at least 26 students were arrested from Kathmandu and Birgunj as they were trying to enforce "black out" programme to protest against the RCCC's action against former prime minister Sher Bahadur Deuba and former minister Prakash Man Singh.85 The NSU alleged that detained students in Kathmandu including Ms Bandana Wagle and Ms Maiya Basnet were severely beaten up by police.86

Even the participants of religious festivals were not spared. On 28 August 2005, at least two dozen people were injured when police intervened in a religious festival "Gaura" at Tundikhel in Kathmandu. The police prevented the festival despite the fact that its organizers had notified District Administration Office of Kathmandu, District Police Office and Ward Police about the programme.87

In August 2005, protests against hike in price of petroleum products were held across the country. The police used disproportionate force. On 22 August 2005, police opened fire at agitating students at Rajbari injuring one in the firing.88 On 21 August 2005, at least 84

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students were injured, 21 seriously, and 32 were arrested for protesting against the price hike.89

In September 2005, seven party alliance intensified its protest and the police once again used disproportionate force even to affect the arrest of 82-year-old, Nepali Congress President G P Koirala on 4 September 2005.90

On 7 September 2005, 99 leaders of seven-party alliance were arrested during protests in prohibited areas in New Road in Kathmandu. Several protestors were injured in baton charge and firing of tear gas shells and water canons by police. Human rights activist Bijaya Shrestha was beaten up by policemen, while Nepal Student Union President Keshav Singh received severe head injury and Ram Prasad Bhushal student leader of Shankardev Campus received leg injury. Riot police also targeted photo journalists and TV crews with jets from water canons which damaged digital cameras of Ram Prasad Humagain of Nepal News Online and Sundar Shrestha of Nepal Samachar Patra. Photojournalist Nutchhe Dongol was also injured while covering the protest.91

On 8 September 2005, 88 protestors of the seven-party alliance were arrested from New Road area during pro-democracy protests in Kathmandu. Police used several rounds of tear gas shells and water cannon to disperse demonstrators. About a dozen demonstrators were injured in police action, two of them seriously. The Saptari district representative of INSEC was manhandled and beaten up by a police officer. The officer under the command of DSP Rajendra Shrestha strangled and kicked him.92

On 13 September 2005 at around 3 pm, Shiv Bohora, acting president of Nepal Students Union at Mahendra Ratna Campus, was arrested by the police from the campus premises on the charge of pelting stones at police personnel. After the arrest, three policemen beat him with batons, boots and the butts of their rifles inside the police van. He was taken to Kalimati Police Office, and severely beaten till he became unconscious. At around 6:30 pm, he was shifted to Bir Hospital for treatment. He was however taken back to Kalimati police station, where he was tortured again. Bohora alleged that the police personnel tied his hands on the armrest of the chair and kicked him with their boots. Madhusudhan Khadka, the Inspector in charge of Kalimati police station, also perpetrated torture on him. He was released from custody at 8-30 am on 14 September 2005. Following torture during custody, Shiv Bohora reportedly lost control of his bladder and bowels. The police beating left him with two broken teeth, five stitches on his forehead and seven on his upper lip. He also suffered several bruises on his back, hands and legs.93

On 14 September 2005, riot police entered the premises of Miteri Hospital in Bagbazaar while chasing demonstrators and baton charged several innocent people there without asking any question. At least six persons were injured. The situation was such that a doctor emerging from an operation theater had to shoo away the policemen.94 On the same day, the police also lobbed tear gas shells into the premises of Neptune Boarding School in Bagbazaar while dealing with the pro-democracy agitators. Due to the spread of tear gas, 12 students of the school reportedly fell unconscious and several nursery-level children were severely affected.95

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On 20 September 2005, police arrested 87 university professors and about 290 political activists in Kathmandu during crackdown on two separate demonstrations demanding democracy and academic freedom. They were released in the evening. CPN-UML leader Rameshwor Phuyal and women leaders Sushma Sharma and Urmila were reportedly injured in police action. Student organizations affiliated with the agitating seven-party alliance accused the police of sexually abusing women demonstrators while arresting them.96

On 1 October 2005, RNA soldiers allegedly physically assaulted Nepali Congress vicepresident Resham Bahadur Baniya and chief of Skills Development Office Shankar Subedi in district headquarters Beni bazaar in Myagdi district. Angry locals picketed the District Administration Office, demanding action against those involved.97

On 28 October 2005 at about 11 pm, Krishna Gopal Ghimire, a 50-year-old farmer, was arrested by a group of six plainclothes security personnel from his home in Municipality Ward No 4, Itahari in Sunsari District. Krishna Gopal Ghimire and his family were apparently asleep when the men, armed with pistols, came into the house and began to search it. They reportedly took away Krishna Gopal Ghimire without giving any reason and told his wife and family that he would be released the following morning. He did not return home next day, and his family went to make inquiries at the Area Police Office and the RNA's Regional Headquarters in Itahari, Sunsari District. Both the police and army officers they spoke to denied any knowledge about the arrest of Krishna Gopal Ghimire.98 On 31 October 2005, the RNA admitted that they had detained Ghimire for "general inquiry". Ghimire's family members were given access to meet him after human rights organizations and civil society appealed to the government to make public his whereabouts. Family members have alleged that Ghimire was severely tortured in custody.99

On 8 November 2005, the security forces allegedly arrested Shanta Rai and Ghanashyam Shrestha from Gaurigunj in Jhapa. According to the family members Shanta Rai and Ghanashyam Shrestha had gone to play a football match at Gunjibari in Mahabhara for their club where they were arrested by army personnel.100

On 8 November 2005, the RNA personnel detained over a dozen political leaders and activists who were going to attend the Democratic Awareness Campaign in Dullu in Dailekh district.

Among those detained were several CPN-UML activists including central advisor Ram Chandra Adhikari, district committee member Laxmi Prasad Pokharel, member of Bheri zone coordination committee Amar Bahadur Thapa, district committee secretary Tej Bahadur Chand, under secretary Raj Bahadur Budha, and over half a dozen local cadres. In addition to the arrests, the army personnel also reportedly made attempts to foil the awareness program by forcing people from neighboring villages to leave Dullu before the scheduled start of the program. On 7 and 8 November 2005, army personnel went around several neighboring villages announcing that the "public gathering had been cancelled", and the only three telephone lines in Dullu were cut off. The district administration declared the public ground in Dullu a restricted area and people were barred from gathering. This forced the organizers to shift the venue to a nearby pilgrimage site. Although police granted permission, army

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personnel reportedly created problem even in the new venue. A group of RNA personnel from Dullu army camp reportedly punctured the tire of a motorcycle (registration - Bhe 1 Pa 5961) on which Kathmandu Post journalist Harihar Singh Rathour and Kantipur Television cameraman Chandra Budha had arrived to cover the program.101 On the night of 8 November 2005, inebriated RNA personnel beat up locals during Chhath puja celebration in Jaleshwor, the district headquarters of Mahottari, injuring over 10 people.

Birendra Mandal, who was seriously injured, had to be admitted to the district hospital in Jaleshwor. He was later referred to the BP Koirala Institute of Health Sciences (BPKIHS), Dharan. According to the victims, four drunken RNA personnel in civil dress from Gorakhbox battalion in Parikauli mercilessly beat them up without any reason. Upon a complaint by the victims, the Gorakhbox battalion chief of RNA, Nirmal Thapa, reportedly claimed that "departmental action" had already been taken against the guilty personnel.102 But his claims could not be verified. NHRC ordered a probe103 but the report was not made public.

On 9 November 2005, the government of Nepal released 194 prisoners across the country on the occasion of the Constitution Day.104 But on the very day, police arrested 11 teachers from a peaceful rally organized by the Nepal Teachers Union (NTU) in Pokhara, Kaski district demanding constitutional activation, peace and democracy in the country. Those arrested included chairman of Kaski chapter of Nepal Teachers Association (NTA), Bijay Bhandari and teachers Shiromani Lamichhane, Bishwa Raj Bastola, Khem Nath Timilsina, Binod Subedi, Purushottam Sapkota, Yam Nath Sapkota.105 They were released on 10 November 2005 after 30 hours detention at the District Police Office, Kaski.106 However, the District Education Office reportedly initiated departmental action against the 11 teachers for their alleged violation of the Code of Conduct of teachers.107

On 11 November 2005, police intervened in a peaceful gathering, and arrested five members of CPN-UML identified as Ram Singh Dhami, Ashok Chand, Sher Bahadur Chand, Chakra Bahadur Bista and District secretary of CPN-UML Kanchanpur, Rajendra Singh Rawal from the concluding program of Democratic Awareness campaign organized in Mahendranagar of Kanchanpur district. They were allegedly baton-charged before being arrested.108 Police also intervened in CPN-UML's programmes held at Dailekh, Rautahat and Sindhuli districts. In Dailekh, nine activists of the CPN-UML including adviser to the CPN-UML Central Committee, Ram Chandra Adhikari, Bheri zonal member of the party, Ambar Bahadur Thapa, district committee members Laxmi Pokhrel, Ganesh Bhandari and Lalit Jung Shah, ANNFSU district president Asha Ram Acharya, secretary Dharma Bahadur Budha, and member Sita Ram Jaise were injured when police intervened in a protest organized by the party's district committee on 11 November 2005. Acharya and Pokhrel were reportedly injured seriously and admitted to the Dailekh district hospital. Six district members participating in the programme were arrested and released later in the evening.109

On 10 December 2005, plainclothes security personnel from Kohalpur camp allegedly maltreated and beat up innocent villagers of Khadakbar VDC in Banke district. The villagers told representatives of the NHRC on 12 December 2005 that the soldiers had asked them to show

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the Maoists and threatened to shoot them. The security personnel beat up several villagers including 77-year-old Kul Bahadur Oli, who could hardly walk on his own.110 On 19 December 2005, police arrested 11 persons, including Satya Narayan Yadav, central member of Democratic National Youth Union, Ashok Yadav, zonal committee member of All Nepal National Free Students' Union (ANNFSU), Sachidananda Choudhary, district president of ANNFSU, Dipendra Choudhary, Free Students' Union president of Lahan Campus, Shailendra Yadav, district member of Nepal Students' Union, Suman Mishra, Parameshwor Shah of NSU and human rights activist, Kamal Yadav, in Lahan in Siraha district for waving black flags at Assistant Minister for Education and Sports, Bhuwan Pathak who arrived there to inaugurate the 10th Nationwide Karate and Kick Boxing competition.111

On 24 December 2005, an RNA soldier reportedly assaulted and shot at a youth identified as Khadka (Nar) Bahadur Tamang at Simpani check post in Pokhara. According to an eyewitness, when Tamang showed his identity card, the soldier started to slap and kick him for not opening his bag. The soldier then fired at Tamang when he cried for help, injuring him in the thigh. However, the Directorate of Public Relations of the RNA claimed that Tamang had tried to snatch the soldier's gun, causing the latter to fire. Tamang was admitted to Gandaki Hospital.112

20

III. Human Rights Violations by Security Forces

Human rights violations by the security forces intensified across Nepal during the direct rule of King Gyanendra.

a. Extrajudicial Killings

The security forces have killed 1,008 people, including civilians during 1 January 2005 - 31 December 2005.113 This is despite that Nepal had longest cease-fire of four months from 3 September 2005 to 2 January 2006. An estimated 66 persons including 33 Maoists, 31 secuirty forces and 2 civilians were killed from 2 January to 24 January 2006.114 According to Informal Sector Service Centre in Nepal, the security forces had killed 1106 in 2004, 1217 in 2003, 3296 in 2002, 243 in 2001 and 180 in 2000.115

The victims have been killed in custody, shooting on demonstrators or just for arbitrary use of powers by the security forces.

The most gruesome extrajudicial executions took place from 17 to 23 February 2005 in which 22 alleged Maoists were lynched and about 700 houses of the alleged Maoists sympathisers were torched in Kapilavastu district by RNA-backed village vigilante groups. These extrajudicial killings had approval of the State. On 21 February 2005, the state owned Nepal Television telecast a visual where the three ministers, Home Minister, Dan Bahudur Shahi, Minister for Labour, Ramnarayan Shing and Minister for Education, Radhakrishna Mainali were seen encouraging the crowd who were holding baton on their hands to beat the dead Maoists. The flogging of the dead bodies of the alleged Maoists in presence of the RNA personnel was also telecast by Indian television channels.116

On the Kapilavastu killings, the Maoists alleged that a group of 500 soldiers consisting of the RNA, police, criminals and vigilantes went to Sishihawa and Ganeshpur on 15 February 2005 and dragged out more than 15 civilians from their houses. They were ruthlessly tortured and killed in the base camp of Armed Police in Krishnanagar. Bishnu Panthi, district convener of All Nepal Trade Union and Yam Bahadur Dala Magar and Jhilkan Yadhav were killed in Krishnanagar base camp on 17 February 2005. Shivaram Gupta, Ram Charitra Pakhi, Abadhram Keber, Shiwa Kahar of Sishihawa Village, Sunder Mourch, Baburam Upadhya, Rajwali Mourch of Ganeshpur village, Sobhai Pasi, Bahu Pasi, Gobere Pasi, Bekaru Pasi of Bhagawanpur were also tortured to death on the same day.

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On 5 March 2005, security forces prevented a three-member team of the NHRC - commissioners Dr Gauri Shankar Lal Das and Sushil Pyakurel and head of NHRC's Protection Division Yagya Prasad Adhikari - from visiting Kapilavastu.117 Later on, a NHRC team investigated Kapilavastu killings. NHRC failed to mention the number of persons killed or identify the culprits. Rather, NHRC passed the buck on the government and recommended a probe by the government.118

On 24 February 2005, one Surendra Shrestha, a mentally challenged civilian, was killed at Ratdada area of Baglung Municipality-4. Chief District Officer Prem Narayan Sharma after verifying the incident said the security forces shot dead the victim suspecting him as a Maoist as he had tried to flee after seeing the security patrol.119

On 22 March 2005, three school children - Narayan Bahadur Kanauji Magar, 17 years, of Class IX, Tek Bahadur Gaha, 15 years of Class VIII, and Dal Bahadur Darlami, 15 years of Class VI- were shot dead by plain-clothes security personnel suspecting them to be Maoists. The children were shot at when they were collecting donations from vehicles and passengers plying on the highway, some 19 km northeast of Tansen, the district headquarters of Palpa, to observe "Fagu Purnima," a festival of colours. The children were in their school uniform.

Police claimed that they were killed in encounter. Following protests from the relatives of the deceased and civil society groups, the police reportedly acknowledged that the boys had died "due to bullet injuries". On 31 March 2005, chief of the Western Divisional Headquarters of RNA, Amar Panta, said that a board of inquiry into the killing of three school students by security personnel had been formed and the probe was underway.120 The report has not been made public.

On 14 April 2005, a Maoist rebel identified as Bimala Kumari Joshi reportedly died in RNA custody in Kanchanpur. The RNA claimed that she was killed in security action when she attempted to escape breaking security ring.121

On 2 May 2005 at 10.30 am, 22-year-old Rupen Rai was extrajudicially killed by RNA soldiers at Soyang area of Illam district. A statement issued by the RNA in Kathmandu claimed that he was a Maoist rebel killed in encounter.122 However, a probe conducted by Human Rights Monitoring Coordination Committee found that "injured Rai could have well been taken into custody after the forces fired at him. However, the security personnel continued firing at him, thereby killing him outright." According to the report, there was no retaliation from the Maoists' side.123

On 14 June 2005, Durga Bahadur Rana of Darchha VDC-6 in Palpa was killed by security forces while he, along with 35 other locals, were returning after fishing. The security forces claimed that he was a Maoist and got killed in firing. But the locals claimed that the deceased was not a Maoist cadre.124

On 26 June 2005, a surrendered Maoist identified as Dipendra Rayamajhi allegedly committed suicide at the army cell in Bhaktapur. The RNA claimed that the deceased hung

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himself by the wire in his own room.125

On 3 July 2005, plain-clothes security personnel shot dead Rama Adhikari, 38 years, in front of her husband at their residence in Taghandubba-7 in Jhapa district, accusing her of having "fed Maoist cadres".126 The security forces also threatened to kill the other five members of the family and tried to bury her secretly. Later an officer from the District Police Office asked Devi Prasad, the husband of the deceased, to sign a paper.127 A fact-finding team consisting of HimRights LifeLine, INSEC, CWIN, CVICT and Advocacy Forum also found that Rama Adhikari was summarily executed.128 The army instituted a court of inquiry into the killing of Rama Adhikari129 but the report was not made public.

On 25 August 2005, Manoj Basnet, an employee in the office of Sijuwa VDC, Morang, was killed by the police after arresting him from Dhankute Lodge, Biratnagar. Masked policemen had arrested the victim along with another person identified as Santosh Chaulagain, resident of Sijuwa, on the night of 22 August 2005. Basnet was allegedly beaten until he fell unconscious and was shot dead in the state of unconsciousness in custody. But Armed Police Force Superintendent at Tankisanwari, Gopal Mishra, said Basnet was shot while trying to escape. He also said they spared Chaulagain because he had surrendered.130 In his FIR, the victim's father Govinda Prasad Basnet claimed that there were scars on Manoj's genitals and his dead body was swollen and soaked with blood.131 The allegation that the victim was extrajudicially killed was later corroborated by Human Rights Eastern Regional Probe Committee, whose probe report concluded that Manoj alias Chandra Bahadur Basnet was innocent, but was shot death in detention by a team of security forces including inspector Narodip Basnet, deployed for security of the district jail.132

On 27 August 2005, Eknath Subedi, a member of the trade union close to CPN (Maoist), was killed by the security forces. On 3 October 2005, National Human Rights Commission stated the security personnel shot them dead after arresting them. According to NHRC, Subedi was arrested from Nagardaha VDC of Parsa district and shot dead in front of local villagers.133 On 19 September 2005, Maoist rebel Bir Bahadur BK was killed by the security forces at Deulek VDC in Baitadi district. The security forces claimed that he was killed in a clash.

However, on 4 October 2005, human rights activists, after an investigation, claimed that security personnel killed Bir Bahadur BK after taking him under control. A four-page investigation report concluded that security personnel could have taken Bir Bahadur BK under control after he fell on the ground but they fired three more rounds of bullets at him.134 On 23 November 2005, a youth identified as Gopal Maharjan was killed in police firing at Tahachal in Kathmandu. According to Kathmandu Police Chief Indra Prasad Neupane, the deceased died on the spot when police opened fire at the youths who attacked the police patrol with Khukuris, Neplase knife, near Tahachal campus at around 10 p.m. Three police personnel were also injured in the scuffle with the youths. Police arrested some youths involved in the attack.135

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On 14 December 2005 at around mid-night, an off-duty RNA soldier Bashu Dev Thapa allegedly opened indiscriminate firing at a crowd killing 12 persons including himself and injuring 19 other villagers following a scuffle with some villagers during a religious festival at a temple premises at Chihan Danda in Nagarkot in Bhaktapur district.136 The prima facie evidence against the RNA was found when RNA soldiers from the Nagarkot barrack had cleaned up the scene of massacre by early next morning of the incident before the police or civilian authorities could reach there for investigation, and eradicated all vital evidence.137

According to Bhaktapur Hospital sources, where post-mortem of all the deceased including Bashu Dev Thapa was carried out, Thapa succumbed to a bullet that pierced his chest from between his ribs, at the center. It was confirmed that Thapa was carrying a Self-Loading Rifle. The SLR, which is a modified model of the Belgian FN FAL rifle, is 1.1 meters in length.

Accordingly to security expert Dr Indra Jit Rai, it is physically impossible to shoot oneself at the center of the chest using the SLR. Some eyewitnesses reportedly claimed to have seen Thapa fall on the ground while he was still shooting!138 Many eyewitnesses also claimed to have seen a gun beside Bashu Dev Thapa till early morning of 15 December 2005. But on 16 December 2005, RNA personnel fished out a SLR from a pool 60 meters below the spot where Thapa had died. Jagat Bahadur Thing, a local, said that army men arrived, went straight to the pool, put a bamboo pole inside it and took out a gun!139 A fact-finding team of the Human Rights Organisation of Nepal (HURON) concluded that Basudev Thapa was "shot dead by other army men".140 But government appointed three-member high-level probe panel headed by former Supreme Court judge Top Bahadur Singh failed to find any involvement of the RNA and merely held weak management of arms as the cause of the carnage.141 On the other hand, RNA's probe panel headed by Brigadier General Netra Bahadur Thapa submitted its report on 24 December 2005,142 but the report was yet to be made public.

On 31 December 2005, Devendra Rai, a youth from Deventar- 7, died in Hatuwagadi barrack in Bhojpur. An RNA patrol team had picked him up for "interrogation" from Sindrang VDC on 29 December 2005.143 On 6 January 2006, the Directorate of Public Relation (DPR) of RNA said the detainee's death was being investigated.144 According to locals, Devendra Rai was just a farmer and he had no link with the Maoists and alleged that he died due to excessive torture in custody.145 The deceased's body was sent to Bhojpur Hospital for postmortem, but the security personnel did not allow the human rights activists, media and his family members to see the dead body. On 10 January 2006, the security personnel allegedly took away the dead body from the hospital without the knowledge of the hospital staff and secretly buried it in a jungle after the victim's family members started requesting the National Human Rights Commission to investigate the case.146

b. Involuntary disappearances

According to the United Nations Working Group on Involuntary Disappearances, Nepal has the highest number of enforced or involuntary disappearances in the world.147 Impunity enjoyed by the security forces contributed to such large-scale enforced disappearances.

Following a visit to Nepal from 6 to 14 December 2004 at the invitation of the Government

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of Nepal, the United Nations Working Group on Enforced or Involuntary Disappearances reported that the phenomenon of disappearance is widespread and systematic in Nepal: "Perpetrators are shielded by political and legal impunity. ...We heard consistently from across the country that a culture of silence has sprung up, with villagers too fearful to report disappearances for fear of reprisal from the security forces or the Maoists insurgents. In many cases, relatives who go to army barracks to enquire into the fate of their family members later find themselves caught up in harsh interrogations".148

As on 15 August 2005, a government-formed committee looking into disappearance cases reportedly made the whereabouts of 580 people arrested by the security forces public.149 But on 30 August 2005, NHRC stated 986 persons were still missing - 888 persons from government custody and 98 after abduction by the Maoists.150

The government of Nepal often does not acknowledge detention of the abducted persons. Incommunicado detention of Krishna KC, former vice president of the All Nepal National Independent Students' Union (Revolutionary), is a clear example. He was listed as disappeared after his arrest by the security forces from Kathmandu on 13 September 2003. He was produced before the Supreme Court only on 22 September 2005 but the security personnel immediately re-arrested him from the Supreme Court premises defying the court order to release him.151 Even though members of the NHRC had met Krishna KC in the custody of the RNA, they did not divulge information about his whereabouts, thereby supporting an illegal act by the RNA.

On 4 January 2006, the NHRC of Nepal in a press released stated that it found 14 detainees, listed as disappeared, in the custody of the security forces during its surprise visits to two RNA camps in Kathmandu. According to NHRC, nine persons including one woman were found in Jagdal Batallion, and five men were found in Mahabir Battalion in Chhauni. Those being held at Jagdal Battalion were identified as Dutta Bahadur Budha, Harischandra Budha and Bharat Pandey of Jumla district, Balram Chaudhari and Krishna Prasad Mainali of Kailali district, Ganesh Prasad Sharma of Dailekh, Buddhiman Sarki of Dolpa, Chhabisara Sunar of Bardia and Jit Bahadur Thapa of Palpa district. Those being held at Mahabir Battalion were identified as Hom Prakash Shrestha of Rukum district, Man Bahadur Malla of Salyan, Chakra Bahadur Thapa of Udaypur and Jaya Bahadur Gharti and Kal Bahadur Gharti of Rolpa district. Most of the detainees complained that they haven't been allowed to see their families or contact others outside since their detention.152 On 6 January 2006, the RNA refuted the NHRC's charge claiming that "The detention of the people mentioned (by the NHRC) were notified either to the NHRC or the Office of the High Commissioner of Human Rights (OHCHR) and the International Committee of Red Cross (ICRC)."153

But the RNA is infamous for lying before the Supreme Court on detention of people in their barracks. Earlier on 5 January 2006, Supreme Court ordered the RNA and Ministry of Defence to explain why they had submitted false reports on the detention of four students - Ranjit Darnal,

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Amrit Darnal, Rajendra Chaurel and Pushpa Raj Basnet, who were arrested two years ago.

The SC issued the order following NHRC's report that it had found Ranjit, Amrit and Rajendra in the Rajdalgan barracks and Pushpa Raj in the Bhairavnath battalion during surprise visits to the barracks a few days ago. But earlier, in response to a show cause notice, the Ministry of Defence and RNA had submitted before the SC that the four were not arrested.154

The Armed Police Force also reportedly lied to the OHCHR- Nepal that the two CPN (Maoist) cadres arrested by them on 5 June 2005 were not in their custody. But subsequent enquiries by the OHCHR led to the APF admitting that the two Maoists were under their custody.155

26

IV. Impunity

Secuirty forces enjoy virtual impunity for all forms of human rights violations. The issue of impunity has further deteriorated following the Royal takeover as National Human Rights Commission and NGOs were prevented from investigating allegations of human rights violations. Though, the civilian authorities seldom prosecuted the secuirty officials, the NHRC and the NGOs were able to investigate freely to force the state to take action in a few cases.

In the killings of 22 alleged Maoists at Kapilavastu from 17 to 23 February 2005, the government failed to order any inquiry as recommended by National Human Rights Commission. The NHRC which investigated Kapilavastu killings also failed to mention the number of persons killed or identify the culprits. Rather, NHRC passed the buck on the government and recommended a probe by the government.156

In 2003, six villagers including Laptan Yadav and Ram Nath Yadav of Choharakolpur VDC in Dhanusha district were picked up, tied to a pole, tortured and later shot dead at point blank range some 20 kilometers away from the VDC on the charge of being Maoist. Following their killing in cold blood, the families of fix victims have been living in acute penury. Even though the NHRC concluded that the villagers were innocent and recommended compensation, none of the victims' families has received compensation money at the end of 2005.157 This is not surprising considering that since the Torture Compensation Act came into force in 1996, compensation actually been paid out only in one case to date although courts ordered to pay compensation in several cases.158

Even in the cases of rape, it has not been possible to establish accountability. The rape and murder of two young girls and one young boy - Reena Rasaili (18), Subhadra Chaulagain (17) and Tasi Lama - by the security personnel after taking them into custody in Pokahari Chauri- 4, Kavre District on 12 February 2004 is a clear example. Reena Rasaili was allegedly gangraped for about five hours by a group of security personnel before being killed. The security forces also threatened the witnesses in order to cover up the case.159 In October 2005, Chief of OHCHR-Nepal, Ian Martin stated that OHCHR received "no information that would indicate that charges have been lodged, despite the ample evidence and eyewitnesses testimony that is available indicating RNA involvement" into the case of torture and extrajudicial kllings.160

In fact, on 17 February 2004, 15-year-old Maina Sunuwar, daughter of an eyewitness of the killing of Reena Rasaili by the security forces, was arrested by plainclothes security personnel and later killed after being tortured and gang-raped. In March 2005, the army admitted

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publicly that Maina's death had been a "mistake" but the accused army officers were systematically let off. On 1 October 2005, the Ministry of Defense (MoD) stated that three RNA officers - Colonel Bobby Khatri and Captains Amit Pun and Sunil Adhikari were punished by putting them for six months in solitary confinement in army custody from 14 March 2005 to 9 September 2005, in addition to suspension of their promotion for two years and payment of Rs 100,000 to the victim's family as compensation for killing Maina Sunuwar.161 The fact is that all the three army officers were released immediately on the grounds that the time they had spent in the barracks while awaiting trial should count towards their sentence.162 On 13 November 2005, the District Police Office (DPO) refused to register the complaint for further investigation filed by the deceased's mother, Devi Sunuwar alleging that her daughter had been killed by the army. She later filed the case with the District Administration Office.163

The socalled punishment meted out for the rape and killing of Maina Sunuwar is extremely lenient and shields the culprits. Civil Code (11th amendment) of Kingdom of Nepal, provides for 10 to 15 years punishment in case a victim is under the age of 10 years, imprisonment of 7 to 10 years in case a victim is above the age of 10 and under the age of 16 years and imprisonment of 5 to 7 years in case a woman is 16 years or above. The code provides for additional punishment of 5 years imprisonment for the crime of gang rape and also for the rape of a pregnant or a disabled woman.

On 22 March 2005, three school children - Narayan Bahadur Kanauji Magar (17) of Class IX, Tek Bahadur Gaha (15) of Class VIII, and Dal Bahadur Darlami (15) of Class VI- were shot dead by plain-clothes security personnel suspecting them to be Maoists. This is despite the fact that the children were in their school uniform. The Royal Nepal Army ordered an inquiry into their killings following massive protests164 but the report was not made public.

There is systematic denial of accountability as it is not possible to register any FIR against the law enforcement personnel. On 30 August 2005, District Police Office in Morang allegedly refused to register an FIR against the killing of Manoj Basnet, an employee in the office of Sijuwa VDC, Morang by the police on 25 August 2005 after arrest from Dhankute Lodge in Biratnagar. In the FIR, victim's father Govinda Prasad Basnet claimed that there were scars on Manoj's genitals and his dead body was swollen and soaked with blood. Manoj's father reportedly had to send the FIR by post.165

The government of Nepal routinely discloses the list of the disappeared persons. But, no one has been held responsible for systematic disappearances.

28

V. Atrocities by CPN-Maoists

The CPN-Maoists have been responsible for violations of international humanitarian laws by resorting to indiscriminate killings, abduction, rape, torture, and attacks on educational institutions, healthcare systems and destruction of public properties in the country. While withdrawing the cease-fire on 2 January 2006, Maoist supremo Prachanda declared that their "actions will now be targeted against the royal government only".166 Earlier on 19 June 2005, Prachanda claimed that he had directed all his cadres not to carry out any physical action against any unarmed civilian, including a "criminal".167 Yet, the Maoist cadres continued to kill innocent civilains.

a. Arbitrary killings

The Maoists have killed at least 600 persons, including civilians during 1 January 2005 - 31 December 2005. The killing of 38 civilians passengers and three security personnel and injuring 72 others including children in a land mine explosion by the Maoists in Madi area of Chitwan district on 6 June 2005168 drew international condemnation. On 24 February 2005, suspected Maoists shot and killed central member of the World Hindu Youth Federation, Chandra Prakash Rathaur in Birendranagar municipality in Surkhet district.169 The anti-Maoist activists, government officials and petty businessmen were specific targets.

i. Civilians

On 25 February 2005 night, Maoists shot dead an alleged anti-Maoists activist identified as Ghar Baran Teli in Labani VDC of Kapilvastu district. Another three civilians identified as Bedullah Jolha, Maksoor Alam and Mohammed Hakik were killed by Maoists on the night of 26 February 2005 in Jahari VDC of Kapilavastu.170

On 6 March 2005 night, Maoists killed five alleged members of an anti-Maoist retaliation group at Kudarmatewa village in Kapilvastu district in retaliation for the execution of the Maoists' supporters.171

On 27 March 2005, the Public Relations Secretariat of the RNA confirmed that the Maoists killed three unarmed security personnel after abducting them from the Khimti area of Ramechap district the previous day.172

On 27 March 2005, the body of Madhav Prasad Sedhai, chairman of Small Peasants� Cooperative in Jiwanpur VDC in Dhading district was recovered from a forest near the

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village. He was abducted by the Maoists.173

On 1 April 2005, suspected Maoist cadres shot dead Ram Lal Moktan (40), an ex-Indian army man of Chungmang VDC-1 in Dhankuta. Three armed cadres came to Moktan's house, took him a kilometer west of his house and shot him dead.174

On 1 April 2005, a rickshaw-puller was killed in a series of bomb blasts by Maoists in Nepalgunj.175

On 14 April 2005, Maoists killed two civilians identified as Suresh Jung Shah and Dilip Kumar Barma (20) in separate incidents in Banke district. While Suresh Jung Shah was shot dead, Maoists reportedly locked up Dilip Kumar Barma in his house and bombed the house at Hirminya VDC-7.176

On 15 April 2005 night, Maoists gunned down 10 civilians, including a child, in cold blood at Baragdawa of Somni VDC in Nawalparasi district. The deceased were identified as Ariman Yadav (18), Dinesh Yadav (19), Dinesh Chaudhary (22), Rajendra Chauhan (23), Densh Kunwar (25), Bharat Chaudhary (26), Dibya Chaudhary (27), Chandraman Baretha (32), Bijaya Chaudhary (40) and 14-year old boy Amlesh Yadav. The Maoists reportedly barged into their houses while they were asleep, pulled them out of the houses and shot them dead, on the suspecting them of being members of the Maoists' Resistant Committee. The Maoists also detonated bombs at four houses and set fire to nine houses in the VDC. Two persons were also injured in the incident.177 An NHRC team went to Nawalparasi to probe the incident.178

On 5 May 2005, the government announced compensation of Rs.150, 000 to each of the families of the deceased.179

On 21 April 2005 night, suspected Maoist rebels shot dead Basanti Lama, a social worker and hotelier, at Dhambojhi chowk in Nepalgunj in Banke district.180

On 23 April 2005 night, Maoist insurgents brutally killed five villagers on the charges of being members of the anti-Maoist "resistance group" in Marchabar Semari and Thumahawa villages in the southwestern Rupandehi district. Dozens of heavily armed rebels reportedly launched a simultaneous attack in the two villages between 10:00 p.m. to 11:00 p.m., dragged the villagers out their homes and shot them. Four of the victims were identified as Janardan Yadav and Laxman Murao of Marchawar Semari, and Prahlad Loth and Dwarika Loth of Thumahawa.181

On 23 April 2005, Maoists reportedly beat to death Shes Safuyu, a civilian in Nijgadh Karautiya of Rautahat district.182

On 26 April 2005, Maoists shot dead Buddharam Ladariya, a civilian and injured a dozen more in Gugauli area of Kapilvastu district.183

On 27 April 2005, Maoist rebels beat to death Padam Bahadur Rai, a civilian of Mangalbare area in Illam district.184

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On 27 April 2005 night, Maoists brutally killed three innocent civilians identified as Shriram Chauhan, Surendra Basnet and Shankar Bhandari, and injured 17 others at Pipaldanda area in Sindhupalchowk.185 A group of about 100 Maoists attacked the villagers with guns and sharp weapons and ransacked the houses before being torched.186 Over 150 families in Pipaldanda fled from the village fearing Maoist atrocities.187

On 6 May 2005, Maoists shot dead the chairman of World Hindu Federation-Nepal, Pundit Narayan Prasad Pokhrel in Butwal.188 Maoist accepted responsibility for the killing.189

On 9 May 2005, Maoists shot dead 55-year-old Bhagawan Das Shrestha, coordinator of the District Monitoring Committee, Chitwan. Shrestha was also a popular film producer and social worker.190

On 10 May 2005, Lal Bahadur Belbase of Budadhi VDC-5 in Kapilavastu district was killed by the Maoists after abducting him from his house.191

On 17 May 2005, the RNA claimed that an unarmed RNA personnel, Shankar Sharki, was abducted by the Maoists at Chaatakpur area of Kailali district and brutally shot dead while in captivity.192

On 18 May 2005, Maoists killed 58-year-old teacher Narendra Raj Neupane of Nighuwar Secondary School in Hapur VDC in Dang after abduction. The rebels killed Neupane brutally by slitting his throat.193

On 18 May 2005, Maoists shot dead 50-year-old Shambhu Bahadur Thapa, a teacher Gangadevi Secondary School at Rabiopi in Kavre district without giving any reason.194

On 20 May 2005, Dalman Thami, Dolakha district chairman of the peasants' organization, affiliated to Rastriya Prajatantra Party was brutally murdered by unidentified assailants at his residence at Dadagaun in Dolakha district. According to family sources, about half-a-dozen assailants stabbed him and later shot him dead at the courtyard where he was listening to the radio after supper.195

On 22 May 2005, alleged Maoists shot dead Ladan Mushanman, 65, a farmer of Baskhoj VDC of Kapilvastu district.196

On 27 May 2005, Maoists killed a civilian Safmohan Musanman after abduction in Gotihawa VDC in Kapilvastu.197

On 28 May 2005 night, Maoists shot dead Koshila Majhi, a woman police head constable, and her four-year-old son Kiran Chaudhary in Dhangadi in Kailali district. Two armed Maoists reportedly stormed their house and fired indiscriminately at them.198

On 29 May 2005, Maoists shot dead Shravan Kumar Rajbanshi, a resident of Dakraha VDDC- 4 in Parsa district.199

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On 30 May 2005, Maoists shot dead Dhurba Raut and Kishwor Shah, residents of Bishrampur VDC-1 in Parsa district.200

On 2 June 2005 night, Maoists abducted Kiranbilas Panta, a civilian at Bharatpur municipality-14 of Chitwan district, and killed him. On the same night, the Maoists abducted and killed Head Police Constable Raghunath Sunar at Chachake area in Pyuthan.201 On 7 June 2005, Maoists allegedly killed a civilian named Shankar Pathak at Chakarchaudaha of Piparhawa VDC in Kapilvastu district.202

On 9 June 2005, alleged Maoists shot at a local leader of the Rastriya Prajatantra Party, Chhetra Bahadur KC, at Pokhara Sub-Metropolis-18 injuring him seriously.203 He succumbed to his injuries on 10 June 2005.204 On the same day, Maoists killed a civilian woman Maheshwori Bista in Chaurahi bazaar in Dhangadhi.205

On 19 June 2005, Maoists killed a civilian Anantaram Bhatta, 50, after abducting him from his residence in Chandani VDC of Kanchanpur district. His body, cut into six different pieces, was recovered on 21 June 2005.206

On 13 June 2005 night, Maoists killed 7 civilians including three women who are wives of security personnel and an infant in separate incidents in Dhangadhi and Morang districts. The women were identified as Radha Devi, Durga Devi and Laxmi and the one-year-old infant was identified as Dipendra.207

On 19 June 2005, Maoists abducted and brutally murdered a civilian Anantaram Bhatta, 50, a resident of Chandani VDC in Kanchanpur district. His body, cut into six different pieces, was recovered on 21 June 2005.208

On 10 July 2005, Maoists reportedly brutally chopped to death Ramishwor Raya, a resident of Haripurwa area in Sarlahi district.209

On 11 July 2005, Maoists killed two youths identified as Dewan Shyangbo, 25, resident of Hadikhola VDC and Dinesh Lama, 22, of Sarikhet VDC in Makwanpur district. They were abducted five days ago.210

On 12 July 2005, Maoists shot dead Ram Bahadur Rai, a resident of Hile bazaar of Dhankuta.211

On 15 June 2005, Maoist rebels abducted a teacher at a primary school in Balkumari VDC identified as Hira Bahadur Thapa and killed him in custody.212

On 23 July 2005, the bullet ridden body of an elderly Ramadhar Thakur, 65, was recovered in Sohadawa VDC in Banke district three days after his abduction by the Maoists.213 On 23 July 2005, Maoists killed a handicapped man identified as Ram Prasad Bhattarai. The

NEPAL: ONE YEAR OF ROYAL ANARCHY 32

Maoists had abducted Bhattarai on 18 July 2005.214

On 25 August 2005, Maoists killed Shambhu Chaudhary, a local of Bakdhuwa-9 in Rajbiraj, accusing him of involvement in the mass rape in Jagatpur village a week ago.215 On 29 August 2005, Maoists shot dead a shopkeeper, Mubin Khan and injured another civilian in the southwestern town of Butwal.216

On 17 September 2005, suspected Maoists shot dead a civilian in the Koteshwor area in the outskirts of Kathmandu.217

On 27 September 2005, Maoists reportedly killed unarmed army man in Dailekh.218 On 3 October 2005, Maoists tortured and shot dead Laxmi Yadav in Samanpur area of Rautahat district and assaulted his mother seriously.219

On 6 October 2005, Maoists killed Saraswati Parajuli (35) of Baccha-7 Ghumaunedanda in Parbat district. She was abducted on 4 October 2005 in connection with a murder case. It is believed that the Maoists have tried her in a "kangaroo court".220

On 1 November 2005, Maoists reportedly killed one Januka Bhandari, resident of Shimle area of Terhathum district by mercilessly beating her.221

On 1 November 2005 night, Maoists shot dead 36-year-old local, Laxmi Lal Pode for playing cards during Tihar, a major festival of Hindus, at Ugrachandi VDC-1, Nala in Kavre district. A group of armed rebels reportedly raided a house at Ugrachandi VDC-1 where a group of people was playing cards. They asked nine of them to lie down on the ground, and mercilessly shot dead Pode. The rebels also allegedly looted Rs 30,000 and three mobile sets from the locals.222

On 4 November 2005, Maoists reportedly killed one Nirmala Basnet of Ramche Gaighat VDC-9 in Udayapur district after abduction.223 Basnet, a resident of Simpani area of Khotang district, was alleged beaten to death by the Maoists.224

On 17 December 2005, Maoists reportedly shot dead two civilians - Shyam Sundas and Judas Sundas at Timma Village in Bhojpur district.225

On 22 December 2005, the body of Deu Narayan Poudel, abducted by the Maoists along with his parents on 10 November 2005, was recovered by the locals from Hardewa jungle in Baglung. The whereabouts of his parents - Bhakti Bilash Poudel (65) and Jamuna Poudel (53) - were not known.226

On 2 January 2006, Maoists allegedly forcibly entered Chirring Thundup Ghale's rented room at Pahara village in Dolpa district and exploded a socket bomb on 2 January 2006, killing Ghale's two-year-old daughter and five-year-old son and seriously injuring his wife in the

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blast.227

On 22 January 2006, Maoists shot dead a municipal polls candidate and Dhanusha district president of Nepal Sadbhavana Party (NSP), Bijay Lal Das (47) in Janakpur. Das was shot at the chest and abdomen from close range by two youths and died on the spot. A local Maoist leader reportedly owned up responsibility for the killing, saying that the action was taken as per "party policy". On 22 December 2005, the Maoists had warned that "special action" would be taken against those contesting the upcoming municipal elections and officials involved in it.228

Such killings by the Maoists violate Common Article 3 of the Geneva Conventions229 and Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II).230

ii. Government employees

The government officials have been specific targets of the Maoists.

On 30 March 2005, Maoists shot dead Deputy Superintendent Officer Mahesh K.C. of National Investigation Regional Department in Pokhara. According to Gopendra Bahadur Pandey, Spokesperson at the Home Ministry, two Maoists traveling on a motorcycle had fired three shots at KC at his house in Rambazaar-15, Pokhara. He later succumbed to his injuries in NORVIC Hospital, Kathmandu.231

On 31 March 2005, suspected Maoist cadres shot dead the chairman of Sindhuli Chamber of Commerce and Industries, Narayan Kumar Shrestha (64) at his residence at Dhungrebas of Kamalamai Municipality.232

On 9 April 2005, alleged Maoist cadres shot dead Bharat Dev Bharati, the Chairman of Town Development Committee of Surkhet valley, at his residence in Mulpani area of Uttarganga VDC in Surkhet district.233 On the same day, five passengers, including a minor, died and 27 others were injured when a bus (Na. 2 Kha. 3813) escorted by security forces ran over a Maoist-laid landmine at Sakhawachwok along the Chandranihaharpur-Gaur section of the highway.234

On 11 April 2005, alleged Maoist cadres shot dead Balanand Kafle, acting Chief District Officer of Bardia.235

On 18 April 2005, Maoists shot dead Bishnu Pokhrel, the DSP of National Investigation Department in Janakpur while he was on duty.236

On 26 April 2005 night, Maoists brutally killed Yagya Prasad Belbase and Min Prasad Belbase, respectively chairman and secretary of Subarnakhal VDC in Arghakhanchi. While the secretary was hacked to death, the chairman had his throat slit near their houses.237

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On 29 April 2005, Maoists abducted and killed Tikaram Joshi, a 30-year-old Royal Nepalese Army (RNA) soldier who was on leave at Chaubiskothi chowk in Chitwan. On the same day, Maoists also abducted and killed Dan Bahadur Sribastav, coordinator of the DMC, Kapilbastu.238

On 6 May 2005, alleged Maoists shot dead the chairman of World Hindu Federation-Nepal, Pundit Narayan Prasad Pokhrel in Butwal.239 Maoist accepted responsibility for the killing.240

On 9 May 2005, alleged Maoists shot dead 55-year-old Bhagawan Das Shrestha, coordinator of the District Monitoring Committee, Chitwan.241

On 10 May 2005, Lal Bahadur Belbase of Budadhi VDC-5 in Kapilavastu district was killed after abduction allegedly by the Maoists.242

On 17 May 2005, an unarmed RNA personnel, Shankar Sharki, was abducted from Chaatakpur area of Kailali district and killed allegedly by the Maoists.243 On 24 August 2005, Maoists shot dead Ajaya Raj Singh, coordinator of the District Monitoring Committee (DMC), Banke.244

iii. Indiscriminate use of explosives and land mines The Maoists have also been indiscriminately using land mines thereby killing innocent civilians.

On the morning of 9 March 2005, a laborer identified as Kali Sada of Gaushala VDC-3 reportedly died and five others including a minor were injured, two seriously, when a Maoistplanted bomb went off on Gaushala-Aurahi road. The laborers were working on the road and the bomb exploded as they removed a post installed on it.245

On 20 March 2005, at least three children were injured when a bomb allegedly left behind by the Maoists exploded at Dhangadi bazaar, headquarters of Kailali district.246

On 27 March 2005, three minors were killed and three others were injured when a bomb left by suspected Maoists exploded in Mujeyliya of Janakpur, Dhanusha district. According to Ratnaraj Pandey, the Chief District Officer of Dhanusha district, the victims have been identified as Saroj Yadav (10), his 14-year-old brother Ashok and another 15-year-old Mahesh Yadav.247

On 29 March 2005, at least nine people, including two minors, were injured when Maoists detonated a pressure cooker bomb at the shop of a local businessman Hira Bahadur Shrestha in Butwal. Victims Binu Pun and her son were given treatment in Kathmandu, while a rickshaw puller Jhagat Gupta was given treatment in Lumbini. The rest were given treatment at Lumbini hospital.248

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On 2 April 2005, a civilian identified as Ram Bahadur Gurung (51) was killed in a landmine explosion on the highway near Khaireni in Gorkha district. The landmine was allegedly planted by the Maoists.249

On 10 April 2005, a minor boy identified as Bam Bahadur Karki (9) reportedly died after a bomb allegedly planted by Maoists exploded in the terrace of his house at Padampur of Latikoili VDC in Surkhet. Another unidentified youth was injured in the blast.250

On 23 April 2005, five minors aged between three to thirteen years were reportedly killed and three more injured when explosives left behind by Maoist insurgents went off at Pakhapani of mid western Rolpa district. The injured children were admitted to the Rukum district hospital.251

On 22 May 2005, Lok Raj Bhattarai (6) died in a stray bomb explosion at Toligaon area in Dadeldhura district. Another a child identified as Puja Chaisir (7) was killed in firing by Maoist in Dhangadi in Kailali.252

On 26 May 2005, a 30-year-old woman, Rampati Chaudhary of Sadhepani-9 in Kailali district died while her 9-year-old son Karna Chaudhary was seriously injured in a stray bomb explosion.253

On 4 June 2005, a stray bomb allegedly left by the Maoists killed a 5-year-old child identified as Dipak Nepali, and injured two other children in Hariharpur VDC in Surkhet district. The children were reportedly grazing goats when the stray bomb went off.254

On 10 June 2005, at least six security personnel and two civilians were killed in landmine attack on a passenger bus by Maoists rebels in Narke village of Kavre district.255

On 13 June 2005, two girls identified as Sumitra Rajali, 17, and Basanti Rajali, 13, died on the spot and three other injured when a bomb left behind by suspected Maoists went off at Siddadhara VDC-5 in the western district of Arghakhanchi.256

On 23 June 2005 night, 5-year-old Neha Gadariya of Kanpur, India, was killed when Maoists exploded bomb targeting patrolling security forces at the busy marketplace in Tribhuvan Chowk, Nepalgunj. Four civilians including two children were injured in the explosion.257

On 8 July 2005, two policemen and a civilian were killed in Khurhuriya village in Kapilvastu district when Maoists exploded landmine on a public vehicle used by security personnel. Another woman was killed in the encounter that followed between the Maoists and the security forces.258

On 11 July 2005, two children were killed and three others injured when a bomb they were playing with went off in Amkhaiya Jungle in Kailali. The dead have been identified as Santosh Poudel and Mohan Neupane, both 13 years of age.259

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On 31 July 2005, an innocent civilian died and five others were injured when a bomb hidden by Maoists suddenly went off at Dibarna area in Arghakhanchi district. The explosion occurred when the locals were working on a water pipeline.260

On 2 August 2005, a four-year-old child Lokendra, son of Jahare Kami, was killed when a bomb planted by the Maoists at a house in Tudidhara, Manakot VDC of Bajura district went off. Another child was seriously injured in the explosion.261

On 24 August 2005, two civilians were killed when a stray bomb left by Maoists went off in Dailekh district. The dead were identified as Dallu Sunar, 28, and his 13-year-old brother Prem Sunar of Salleri VDC-9.262

On 27 August 2005, 6 passengers were killed and seven injured after a Maoist-planted landmine went off at Shivapur-1 of Kapilvastu district along the Mahendra Highway.263

On 23 December 2005, two porters identified as Phurwa Sherpa, 53, and Darinche Sherpa, 39, were killed in a land mine blast allegedly planted by Maoists at Maiyakhola Bridge in Sanghu VDC in Taplejung district.264

b. Illegal confinement and torture

While the autocratic regime of King Gyanendra put several political leaders to house arrest, Maoists did not lack behind. 25 civilians including social workers, local leaders and women, were placed under "house arrest" by the Maoists for nearly one month in Dailekh in June 2005, accusing them of initiating a UN development project at Lakandra VDC in the district without their consent.265 They were released on 3 July 2005 following the interventions of the human rights organizations.266

On 1 July 2005, Maoists allegedly abducted 70-year-old Harilal Dhakal of Kalimati village and 31-year-old Krishna Koirala of Khursanibari village in Dailekh and inhumanly tortured them. While Harilal Dhakal's legs and rib were reportedly broken, Krishna Koirala was blindfolded and severely beaten that broke his right leg.267

On 1 November 2005, a group of armed Maoists mercilessly beat an activist of UML and secondary school teacher, Shambhu Gyawali for reportedly refusing to pay extortion.268

On 11 November 2005, Maoists reportedly beat up Rakshyane Damai of the Nepali Congress, Birman Sunar and Jagad Dev Thapa of the CPN-UML in Pyuthan for lodging complaints against Maoist cadres Harkeman Pun and Shyam Bahadur Thapa some months ago.269

The Maoists have reportedly locked up the house of Rim Bahadur Basnet at Maranthana village development committee-3 of Pyuthan district to exert pressure on him to ask his sons to quit jobs in the Nepal Police and the Royal Nepalese Army. The Basnets have been living in an open field in cold weather for a week as on 21 November 2005. Two of Basnet's sons

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are in the RNA and one is in the police. The Nepal Bar Association urged the Maoists to lift the illegal confinement.270

c. Abduction

According to INSEC, Maoists have abducted 46,718 persons during 13 February 1996 and 30 November 2005. Of them 38,052 were released, including 1099 women.271 According to Amnesty International, Maoists have abducted a total of 8,057 people from at least nine districts during the first four weeks of the declaration of unilateral ceasefire on 3 September 2005. Many of them were children and teachers.272

The Maoists also forced civilians to undergo militia training or participate in their programmes. The Maoists have been imposing "1 house 1 Militia" policy throughout rural Nepal. Often, abduction of innocent villagers, especially school children and teachers is part of the policy. The Maoists force the students to take part in their "ideological" programmes, and thereby blatantly violate their fundamental rights to read and write in a peaceful environment.

Among the prominent cases of abduction, on 8 November 2005, Maoists released Arun Chand, the son of former Prime Minister Lokendra Bahadur Chand and Managing Director of Basuling Sugar Mills in Chuha in Kailali district, whom they had abducted on 27 October 2005. According to reports, Chand was released after he agreed to pay Rs.30 million as ransom, which the Maoists claimed he owed to the local farmers.273

On 29 November 2005, Maoists held hostage a group of journalists and tourism entrepreneurs in Sikaicha VDC in Taplejung district for 22 hours. The journalists and tourism entrepreneurs were there at the invitation of the UNDP Tourism for Rural Poverty Alleviation Program (TRAP) to study the potential for tourism development in the region. Before releasing them, the cadres abducted Ram Dahal, TRAP program coordinator for Taplejung district, and seized a Sony 170 video camera from Kantipur TV cameraman Upendra Man Singh, a camera worth Rs 200,000 from Madan Maharjan of Cine Graphics, and two still cameras worth Rs 55,000 from Sachit Lamichhane of the Boss magazine and Jit Lama of Destination Nepal Trekking Agency. According to Kantipur TV cameraman Singh, about 60 cadres under the command of one "Sangam" looted his camera at gunpoint while he was taking visuals of Saraswoti Secondary School.274 On 2 December 2005, Dahal was released. The Maoists also returned audio-visual equipment they had snatched during the incident from KTV cameraman Upendraman Singh and journalist of the Boss magazine Sanchit Lamichhane.275

i. Abduction of civilians

While Rameswor Subedi, chief of the Sworgadwari Multiple Campus in the mid-western district of Pyuthan was reportedly released by the Maoists on 3 March 2005, a group of Maoists have abducted 43-year-old dairy entrepreneur, Dilli Prasad Upadhyay, from Narayan municipality in another mid-western district of Dailekh. The cadres reportedly manhandled

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Upadhyay while abducting him from his house.276

Nisha Bhetwal, whose father, Bishnu Prasad Bhetwal was abducted by the Maoist on 17 January 2005 appealed on 5 March 2005 to the cadres to release her father. A middle-class furniture trader, Bishnu Prasad Bhetwal was the sole breadwinner of his six-member family.277

On 6 March 2005, the bruised dead body of Pahuna Tharu of Gadhi VDC, who was employed as a Game Scout at Royal Bardiya National Park (RBNP) was found inside the park. Tharu was earlier abducted by the Maoists.278

On 12 March 2005, Maoists kidnapped Dhamananda Bhatta, jailor of the Dadeldhura district jail, from a public bus at Sahajpur of Kailali while he was going to Dadeldhura from Dhangadi.279

On 19 March 2005, alleged Maoists abducted seven staff members of the Nepal Electricity Authority identified as technicians Mohan Shrestha, Chakendra Thapa, Man Bahadur Rai, Kumarsingh Damai, Tilak Shrestha, Nagendra Shrestha and driver Ram Bahadur Thapa from Triveni at Sankhejug VDC in Illam district.280 Five of them were released on 26 March 2005.281

The other two were released on 31 March 2005.282

On 4 April 2005, villagers in Rabargunj VDC retaliated against six armed Maoists, who came to abduct Chet Narayan Mahato, the VDC chairman. The previous day, the Maoists had abducted his son, Sunil Mahato when they did not find him. Some 400 villagers chased away the cadres and caught one of them identified as Ramesh Acharya. He was later handed over to the police.283

On 1 June 2005, the Maoist cadres abducted four passengers of a microbus at Sahajpur area of Kailali district. On the same day, the cadres abducted Dhurba Bahadur Basnet, a villager of Khurkot VDC-2 in Sindhuli district.284 In yet another incident during the day, the Maoist insurgents abducted acting chief of the pro-left Jana Morcha Nepal (JMN) of Doti district, Min Bahadur Malasi from his residence at Tikhatar VDC-7. The cadres accused Malasi of taking part in the protest rally organized by seven opposition parties in the district "without taking permission" from them. On the same day, Maoists abducted Shiva Bahadur Oli, a resident of Ghanteswore VDC, Goganpani, in Doti district on the charges of participating in a programme organized by Radio Listener's Club "without their permission".285

On 15 June 2005, Maoists abducted more than 250 local youth from Shantipur, Harrachaur, Harewa and Gwagha VDCs in Gulmi district to indoctrinate them in their militia campaign.286

On 23 July 2005, Maoists abducted two local businessmen identified as Balaju Rajbhandari and Mahenda Gupta from Bijuwar area in Pyuthan district.287

On 30 July 2005, Maoists abducted Local Development Officer of Illam, Pashupati Nath Acharya and six other officials including Project Officer of District Development Committee,

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Narayan Koirala, Secretary of Barbote VDC, Dik Prasad Dahal, Overseer of Ilam Municipality, Dipak Guragai, Overseer of District Technical Office, Padam Pokhrel, Yogendra Thakur of Electricity Authority and Technician of DDC, Shrawan Kumar Chaudhari from Kolbung of Illam district.288 All of them were released on 31 July 2005.289

On 31 July 2005, Maoists abducted 12 persons including a peon of the local Chure Forest Users' Group (CFUG) Ram Prasad Shrestha and facilitators Durga Nepal, Sabita Sharma, Sulabh Rana and Narayan Rana from the Sukumbasi Tole (squatters' settlement) at Chidiyakhola near Butwal Municipality, Rupandehi district. Other seven abducted were children who accompanied the CFUG employees to the forest to find sources of water. On 1 August 2005, Maoists abducted 10 more children from a group of locals who had gone to the forest looking for the 12 abducted persons.290 They were released later.291 On 8 August 2005, Maoists abducted five people including the coordinator of Maiti Nepal Transit Home, Hom Dhakal, from Tinkhutte of Fikkal in Ilam.292

On 1 November 2005, Maoists abducted Shyam Jung Karki from his residence in Itahara VDC in Morang district. NHRC had called for his safe, immediate and unconditional release.293

On 22 November 2005, Maoists abducted three persons - Sita KC, Akbir Tamang and Prem Tamang, who were involved in forest users' groups in Dolakha district. The Maoists demanded that the forest users' groups register with their party.294

On 1 December 2005, Maoists abducted 60-year-old Ram Singh Dhami, father of Mahendranagar-based reporter of The Himalayan Times, Rabi Dhami from his residence at Hunainath VDC ward no. 1 in Yairichana of Darchula district. He was beaten up and mentally tortured. The Maoists released him the next day after warning him not to step out of his home.

Ram Singh Dhami reportedly fled to India for security.295

On 9 December 2005, the Maoists freed over 20 cadres of the Nepali Congress after detaining them in Melauli bazaar for 24 hours. Among others, central members of the Nepali Congress, Sunil Kumar Bhandari and Binay Dhoj Chand, were captured while they were about to take part in an awareness campaign organised in Melauli. The detainees were reportedly subjected to physical and mental torture.296

On 23 December 2005, Maoists abducted four persons including three technicians identified as Bhairab Lawati, Narendra Bantawa and Soni Lal Chaudhari, and a government nominated Panchthar District Development Committee (DDC) member of area number-4 identified as Narendra Kumar Aangbo from Nangin VDC of Panchthar, where the Nangin village council meeting was being held.297 On 25 December 2005, Maoists released the three technicians on the condition that they would never visit rural areas.298

On 7 January 2006, the Maoists abducted chairman of the Tharu Welfare Assembly (TWA),

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Rupandehi, Ashta Bhuja Chaudhari (70) from Khairiya in Tikuligadh VDC-1 in Rupandehi district. He was reportedly taken on a motorcycle with registration number Lu 1 Pa 9884.299

On 16 January 2006, the Maoists reportedly abducted 30 students from two schools in Rupakot area in Tanahun district.300

On 20 January 2006, Maoists abducted over 50 civilians from Pakarbas VDC of Ramechhap.

Those abducted include eight teachers of the Prayageshwor Higher Secondary School.301

On 22 January 2006, the Maoists reportedly "abducted" 200 labourers working in the Chautara-Dolalghat road in Sindhupalchowk district.302

ii. Abduction of security forces and their family members

On 23 August 2005, Maoists made public the names of 60 soldiers whom they had abducted after the attack on Pili in Kalikot district on 7 August 2005.303

On 25 November 2005, Maoists released RNA soldier Pyuth Sudhir BK, whom they abducted on 22 November 2005, after dialogue with journalists and human rights activists. Another RNA soldier, Pyuth Dilli Gautam, who was abducted along with BK, was able to run away from Maoists' captivity.304

On 17 December 2005, Maoists reportedly abducted a former British Gurkha soldier, Dan Bahadur Limbu, from Shaula area of Tehrathum district.305

d. Economic Blockade and its consequences

Between 13 and 26 February 2005, the Maoists called an indefinite economic blockade to oppose the royal takeover bringing traffic to a virtual halt on all key highways and affected normal life, including educational and medical services, lack of essential goods mainly cooking gas, kerosene and vegetables.306

The Maoists sought to violently impose the blockade. On 20 February 2005, Nripad Kumar Parveji, a truck driver from Nagpur (India), was shot dead by the Maoists at Charaudi Bazaar area on Prithvi Highway for defying the economic blockade. He was returning to India after delivering goods in Kathmandu.307

On 17 February 2005, Maoists reportedly torched at least 13 goods carriers, burning 58 live buffaloes loaded in two of the trucks, at Jogimara section of the Prithvi Highway. Mansoor Alam Ansari, owner of the buffaloes, said the armed cadres had fired at the tires of the vehicles before setting them alight. The vehicles included a tanker loaded with kerosene, while the rest of the trucks were carrying commodities such as rice, cement, coal and rods.308 On 22 February 2005, Maoists reportedly bombed and set on fire an ambulance run by a nonprofit organisation near Khaireni along the Kohalpur-Lamahi section of the Mahendra

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highway "for defying the blockades." Prior to the bombing, the Maoists forced the driver Krishna Chaudhari, and Ganesh Kumar Gupta, chairman of Rapti Seva Sangh out of the vehicle.309

On 26 February 2005, the blockade was withdrawn.310

On 3 April 2005, Maoists called 11-day strike to protest against the February 1 royal takeover.

The impact of the strike was more visible in rural areas, where the Maoists regularly enforced strikes and blockades. Armed Nepali soldiers escorted vehicles to prevent guerilla attacks. On 3 April 2005 itself, the Royal Nepalese Army reportedly escorted over 800 vehicles leaving Kathmandu along the Prithvi highway.311

The people in the remote hill districts of the mid-western region suffered from acute food shortage as the authorities failed to supply the required quota of food grains to these districts.

The rice stocks in the food godowns of Jumla, Humla, Kalikot, Dolpa and Mugu districts were exhausted much before the strike, the authorities did not supply the allotted quotas to these districts. Residents of far away villages, who were coming to the district headquarters in the hope of acquiring food grains, had to return home empty handed. One Lokmani Acharya of Pina Village Development Committee (VDC) in Mugu district told the press that he did not have a single grain of food left in his house and had come to collect rice but was asked to come back only after the helicopter brought in the supply.312

There were reports of severe shortage of essentials commodities such as kerosene, gas and salt in three hilly districts of the eastern region - Ilam, Panchthar and Terhathum. Annual exams in the schools were postponed. More than 50,000 students were stranded.313

On 9 May 2005, an armed group set on fire two private trucks carrying jute and coal at Pathari of Morang district along the Mahendra highway.314

On 10 May 2005, Maoists torched a bus belonging to Makalu transport company at Santapur VDC in Rautahat district, and three trucks carrying goods in Dhading district.315

e. Destruction of Public services

The lack of development of Nepal has been blamed on corrupt politicians. Yet, whatever little infrastructure or public properties have been built by the government, the Maoists have been hell-bent on their destruction.

On the night of 20 February 2005, Maoists reportedly destroyed a sub-station of Nepal Electricity Authority at Kohalpur of Banke district. At least two persons were killed in the blast and four districts in the mid-western region- Banke, Baridya, Surkhet and Dailekh- have been deprived of power.316

On the evening of 26 February 2005, Maoists damaged two government office buildings used

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by the Department of Survey and Revenue Office in Hetauda by exploding bombs.317 On the night of 3 March 2005, Maoists set ablaze more than half-a-dozen government offices based at the headquarters of Argakhachi district, including the District Administration Office, District Irrigation Office, District Education Office, District Development Committee, District Land Revenue Office, District post office and District Drinking Water Office.318

On 16 March 2005, the offices of state-owned Nepal Telecom Company, District Survey Office and District Forest Office were bombed in Inaruwa in Sunsari district. The state-run Gorkhapatra estimated the loss at over Rs 500 million rupees.319

On the night of 21 March 2005, Maoists bombed the building of the Employees' Provident Fund Regional Office in Banke.320

On 13 May 2005, Maoists bombed an electricity transformer at Gagate in Nuwakot district thereby disrupting power supply to over 30 VDCs in the district.321

On 2 June 2005, Maoist cadres bombed control room of Nepal Electric Authority (NEA) in Dhangadi resulting in disruption of power supply in the region.322

On 17 August 2005, Maoists bombed and set fire to Jyoti Spinning Mills, destroying hi-tech machinery and material worth millions of rupees and forcing it to close down indefinitely.323

On 18 August 2005, Maoists bombed the offices of the Bardiya District Development Committee at Gularia, Bardiya.324

Threats from the Maoist-affiliated All Nepal Trade Union Federation (ANTUF) forced Unilever Nepal Ltd, one of the biggest Indian joint-venture industries in Nepal, to close its factory in Basamadi in Makwanpur district from 17 August 2005.325

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VI. Violence Against Women

In Nepal domestic violence is widespread. According to Deputy Inspector General (DIG) of Police Kumar Koirala, violence against women has gone up from 567 reported cases in 2003 to 1022 cases in 2004.326 But domestic violence remains largely unreported as the women are vulnerable and absolutely dependent on men. There is not only absence of law against domestic violence in Nepal but it is difficult for the victims to register the cases. On 28 December 2005, police allegedly refused to register a case on the death of Bimala Subedi, a pregnant woman who died after "consuming poison" in Morang. The relatives of the victim alleged prima facie evidence against torture and killing of Bimala Subedi by her in-laws for dowry. 327

Because of the armed conflict, women have been victims of arrest, torture, illegal detention, rape, disappearances and extrajudicial executions both at the hands of security forces and the Maoists.

a. VAW by the Security Forces

To control the pro-demcoracy movements, male security personnel were deployed to handle the women protestors. In September 2005, women demonstrators were allegedly molested, bitten, beaten up and poked batons at their sensitive parts during arrest and in police custody.328

On 3 March 2005, the Sunsari District Court ordered the imprisonment of two Royal Nepalese Army soldiers identified as Khem Khadka and Bishal Rai on charges of gang rape of a girl of Bharaul VDC-5 on 25 December 2004.329

But there is no accountability and the security personnel are not appropriately punished for committing heinous crimes like rape and murder. The RNA claimed it has a "zero tolerance" policy regarding sexual violence against children and women.330 However as stated earlier in the case of rape and murder of Maina Sunuwar, besides suspension of their promotions and fines, given to three of its officers - Colonel Bobby Khatri, Captain Sunil Adhikari and Captain Amit Pun, they were only sentenced to six -month prisons in army custody.331

On 11 January 2006, an NHRC team reportedly exhumed the highly decomposed body of 15- year-old school girl, Sarala daughter of Bhakta Bahadur from a field in Chapagoan, Jeewanpur-1 in Dhading six months after the RNA soldiers took her away on the midnight of 15 July 2004 without any arrest warrant. According to the family members, she was tied up while being taken away and since then she disappeared. Later it was learnt that the security

NEPAL: ONE YEAR OF ROYAL ANARCHY 44

personnel also took a spade from another villager Hom Bahadur Rana at around 1:30 am on the intervening night of 15 July and 16 July 2004. Sarala�s father Bhakta Bahadur filed a complaint with the NHRC of Nepal on 26 July 2004. On 30 March 2005, Bhakta Bahadur was arrested by the security forces but he was released after 52 days following a court order. In December 2005, an International Committee of the Red Cross (ICRC) team with the help of Bhakta Bahadur and villagers had discovered Sarala's grave after following the direction of the odor coming from the field. Family members and the villagers identified Sarala by her clothes and slippers. The NHRC had sent the remains of Sarala to Tribhuvan University Teaching Hospital (TUTH) in Kathmandu for forensic tests.332

b. VAW by the Maoists

The Maoists have also been responsible for increased violence against women. On 1 April 2005, Puni Devi Bohora, 26, a mother of five children, was allegedly raped by a Maoist cadre "Suman" in presence of a dozen other Maoists at her home at Shibalinga VDC in Baitadi in absence of her husband.333

On 23 July 2005, Maoists beheaded a woman identified as Sabita Karki, a local of Bahini VDC-6 in Morang district on charges of spying on them.334

An investigation by National Human Rights Commission found that on 18 August 2005 one Dalit woman was raped at gun point at Jagatpur-4 in Saptari district by the Maoists.335 The Maoist cadres asked the villagers to prepare food and after they had eaten, they forcibly took the women into the house and raped her. The cadres also threatened to "completely destroy" the hamlet in case they disclosed the crime.336

On 1 November 2005, Maoists reportedly killed one Januka Bhandari, resident of Shimle area of Terhathum district by mercilessly beating her.337

On 4 November 2005, Maoists reportedly killed one Nirmala Basnet of Ramche Gaighat VDC-9 in Udayapur district after abduction.338

On 29 December 2005, RNA's Directorate of Public Relations alleged that a pregnant woman, resident of Chatara VDC-4 in Bajura district, died on 25 December 2005 when she was forced by the Maoists to undergo militia training to use weapons.339

It is a crime for women to be relatives of the security forces. As stated earlier in the report (page 31) on 13 June 2005 night, Maoists killed 7 civilians including three women - Radha Devi, Durga Devi and Laxmi - who are wives of security personnel in separate incidents in Dhangadhi and Morang districts.340

The Maoists have abducted hundreds of women and children including girls, and tortured them in custody. According to a girl who escaped from the Maoists' captivity in December

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2005 told journalists that nine other school girls abducted from various areas of Dadeldhura district were being held hostage by the Maoists. The girl said they had to carry stones, dig pits, cut grasses, cook food for the cadres, and wash their clothes in the labor camps. They were being forced to join the rebel guerrillas. The nine girls who were still in the Maoists' captivity included Chandra Lohar, Dambari, Dhana Bhattrai, Nirmala and Shusila. The Maoists accused the girls of being involved in sex scandals. However, the locals say this allegation was a mere ploy to justify their inhuman act and forcibly recruit them into the militant force.341

46

VII. Rights of the Child

There is no guarantee to right to life for the children. According to INSEC, 341 children have been killed from 13 February 1996 to 30 November 2005 - respectively 172 children at the hands of the state and 169 at the hands of the Maoists.342 CWIN, another NGO in Nepal, put the figure of children deaths at 419 (295 boys and 124 girls) during the 10-year-old conflict.343 An estimated 58 children (42 boys and 16 girls) were killed during January - September 2005.

Of this, 46 children (35 boys and 11 girls) were killed by the Maoists and 6 (4 boys and 2 girls) children were killed by the security forces, while 6 (4 boys and 2 Girl) died in cross fires between the security forces and the Maoists.344

Over 140 children were reportedly injured by the security forces and the Maoists during 2005.

Of them, at least 80 sustained injuries in bomb explosions by Maoists.345 Security forces target the children. On 22 March 2005, three school children - Narayan Bahadur Kanauji Magar (17) of Class IX, Tek Bahadur Gaha (15) of Class VIII, and Dal Bahadur Darlami (15) of Class VI- were shot dead by plain-clothes security personnel suspecting them to be Maoists. This is despite the fact that the children were in their school uniform. The Royal Nepal Army ordered an inquiry into their killings following massive protests346 but the report was not made public.

The provisions of the Children's Act, 1992 have not been fully implemented. Instead, Juvenile Justice is still treated as a section of criminal justice system in Nepal, at least in practice. The government has also failed to evolve a consistent and uniform definition of the child. The Children's Act, 1992 defines "Child" as every human being below the age of 16 years. But, the Labour Act, 1992 puts the age limit of the child at 14 years whereas the Nepal Citizenship Act, 1963 considers a person below 16 years of age as minor. Similarly, the Civil Code (Muluki Ain), 1963 considers the legal age of marriage for boys at 18 years and for girls at 16 years with parents' consent and 21 years for boys and 18 years for girls respectively with no consent of parents.

The government of Nepal has also failed to establish a "Children's Correction Home". Since the announcement of the establishment of the Juvenile Bench at district courts in April 2000, no record has been found about their enactment in any district in the country. Children are hardly given different treatment when they are brought to the attention of the justice system.

They are often kept in custody together with adults, and the processes and jurisdiction applicable to the investigation, remand, bail and judicial custody are similar to that of adults.

There is no separate court for juvenile.

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On 2 December 2005, police arrested 18 persons including minor school children and detained them at Tinkune police post on the charges of pelting stones at the motorcade of Crown Prince Paras at New Baneshwor during a clash between the CPN-UML cadres and the pro-palace activists. Those arrested included Arjun Lama, Ujjwol Maskey, Sachin Bhatta and Subas Lama, students of V. S. Niketan school; Surya Prakash Bhatta of Aristo Secondary School, Kailali; Suman Prasad Bhetwal, a student at Orient College, Kathmandu; Shanker Thing Tamang, a child worker at Om Bakery; Binay Aryal, a student of BBS First Year from Kanchanpur; Ramhari Neupane, a sales boy with Himal Media Pvt. Ltd.; Raj Kumar Shrestha, a cleaner with the Bus no. 9536; and four workers with the Variety Food Land, Minbhavan.347 The innocent civilians were arbitrarily arrested without arrest warrants. Four students of V S Niketan School including Sachin Bhatta, 15, a tenth grader, were arrested from Om Sai Bakery at New Baneshwor on the charges of pelting stones at the royal motorcade when they were going to attend tuition classes. They had taken shelter at the bakery when the clash broke out.348 Sachin Bhatta and his friends identified themselves as students, but the security personnel "hit us, seized our school bags and asked us which party and union we belonged to". Shanker Thing, 12, a waiter at the Bakery, was also picked up.349 In security custody, the detainees were kept in a dark cold cell, denying them food for over 24 hours after their arrest and brutally beating them up. They were forced to sign "false testimonies" stating that they had pelted stones.350 While 13 of them were released on 4 December 2005, the rest five identified as Binay Aryal, Suman Bhetwal, Surya Prakash Bhatta, Raj Kumar Shrestha and Nawaraj Thapaliya were reportedly charged under the Public Offence Act.351 On 18 December 2005, a drunken police personnel deputed at the District Police Office (DPO) in Jumla reportedly brutally beat up Priyanka Lama, 16, an innocent girl of Chandannath-8, Kalikholi in Jumla district. The victim had to be rushed to Jumla Hospital following the beating and was reportedly shifted to Nepalgunj in Banke district. According to the mother of the victim, Chhejam Lama, the policeman kicked the victim with his boots on her sensitive parts till she lost consciousness. Deputy Superintendent of Police Dev Bahadur Bogati claimed the DPO had identified the culprit and put him in custody352 but no verification of the claim could be done.

On 2 January 2006, armed Royal Nepalese Army (RNA) personnel reportedly entered the Khanddevi Secondary School at Chaurase, Satakhani VDC in Surkhet district and manhandled sixth grader Chudamani Poudel, accusing him of being a Maoist activist. Soldiers also allegedly thrashed Dipak Ghimire, a tenth grader, after dragging him out of the classroom and tortured Bishnu Dhakal, another tenth grader, accusing him of being in the pay of Maoists.353

Both the Maoists and security forces have been responsible for recruitment of children for military purposes. While the recruitment by the Maoists is well-known,354 the use of children by the RNA is not reported as widely.

The Kathmandu Post in its 20 July 2005 edition reported the use of children as sentries, informants and labor by the RNA in Dullu in Dailekh district. Young boys, aged 8 to 14, are

NEPAL: ONE YEAR OF ROYAL ANARCHY 48

members of "child military unit", whose job is to secure the Dillu bazaar by informing the Royal Nepalese Army of every new arrival in the area. They are reportedly trained by RNA for the purpose. They carry wooden toy guns and even have military titles such as "major", "lieutenant", "second lieutenant" and "jamadar".355

In its conclusions and recommendations to the second periodic report of Nepal, the Committee Against Torture expressed concern about "allegations of children being used by security forces as spies and messengers. The Committee is also concerned about reports of recruitment and abduction of children by CPN-Maoist." Yet, Nepal has failed to ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.356

In August 2005, Dev Kumari Singh Mahato found her 14-year-old daughter handcuffed in police custody, detained on the charge of being a Maoist. The police claimed that she was arrested and found involved in terrorist activities. In fact, the girl child had been abducted by Maoists in 2004. Appellate Court, Rajbiraj ordered her release saying she was illegally detained.357

The Maoists also targeted the students. On 16 November 2005, Maoists abducted two children - 12 year-old Netra Kumal and his 15 year-old brother, Jhak Bahadur, from Bhimad bazaar in Tanahun district, accusing them of spying on the rebel outfit, and tortured them in custody. They were released on 29 November 2005. According to the victims, they were selling bananas in the bazaar when suddenly three armed men, who identified themselves as security personnel, approached them and abducted them at gunpoint. Jhak Bahadur said the Maoists tied his hands with a rope and hit him several times with a cane. Bruises were visible all over his body. According to the locals, the Maoists had earlier manhandled the boys' parents on the same charge.358

49

VIII. Lack of Independence of Judiciary

The judiciary in Nepal was virtually on the state of collapse before the royal takeover. By the end of 2003, the workload in 19 hilly district courts dropped drastically with less than 50 cases per year according to a recent report of the government's Judicial Council.359 Since 2002, the Supreme Court has failed to inspect the Appellate and District Courts in the country during the year 2002 and 2003 "owing to bad law and order situation" though it is required to inspect the subordinate courts every year as per the Judicial Administration Act of 1991 and SC regulations.360 Only the Supreme Court in Kathmandu has been willing to accept habeas corpus petitions prior to the royal takeover.

However, following the royal coup of 1 February 2005, the judiciary appeared to have succumbed further. The Supreme Court even refused to entertain writ petitions on nonsuspended rights under the "pretext of emergency". On 21 February 2005, Chief Justice Hari Prasad Sharma publicly defended the rejection of writ petitions saying that the issue was "political". This is despite the fact that during the emergency in 2001-2002, the Supreme Court admitted over 400 writ petitions seeking legal remedy under Article 88 (1) and (2), which is not suspended even during emergency.361 On 25 February 2005, Supreme Court registrar Shree Prasad Pundit refused to accept writ petitions - Harka Man Shrestha vs Land Reform Ministry, Dambar Singh Gadal vs Ilam Municipality, and Kiran Kumar Shrestha vs Ministry of Health - seeking the Supreme Court's order to the authorities for the rights guaranteed under Article 11, 88(1) and (2) of the Constitution, citing the suspension of Article 23, which guarantees the right to remedy of fundamental rights.362

Lately, the Supreme Court has been trying to find its feet while lower level judiciary functions under the thump of the RNA. On 27 May 2005, the Supreme Court had to issue a special stricture to the government asking it to follow court orders as per Articles 95 relating to duty of the government to extend cooperation and Article 96 relating to orders and decisions of the courts to be binding.363

The Supreme Court also registered a case of contempt of court against Vice Chairman of the Council of Ministers Dr Tulsi Giri364 for stating that the Supreme Court is an obstacle.

a. Lack of independence of judiciary

King Gyanendra sought to put the judiciary under his thump by establishing the Royal Commission for Corruption Control as the "super court" with powers even investigate to "the judges of the Supreme Court and office bearers of all constitutional bodies". It was not aimed

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to address corruption but to silence all forms of dissent including by the judges. As the RCCC failed to serve intended purpose, King Gyanendra appointed alleged royalists as judges in the Supreme Court. On 28 December 2005, Chief Justice Dilip Kumar Paudel, with the consent of the King, appointed former Attorney General Pawan Kumar Ojha, two acting chief judges of Appellate Courts Tahir Ali Ansari and Rajendra Prasad Koirala and senior advocate Bipulendra Chakrawarti as the ad hoc judges in the Supreme Court.365

Human Rights activists and Nepal Bar Association expressed serious concerns over selection of judges. Former Attorney General Pawan Kumar Ojha had been controversial after he supported the February 1 royal takeover in the apex court and claimed that the King has authority to issue any kind of order by activating Article 127 of the Constitution. He had also claimed that the King has the power to issue any order, with the capacity of the Hindu Monarch, to protect the country.366 In protest, Nepal Bar Association, an umbrella organization of the professional lawyers, has decided that it would exclude Chief Justice Dilip Kumar Poudel and Justice Pawan Kumar Ojha from all its functions henceforth.367

b. Violation of Article 95: Duty to Extend Cooperation

The government willfully does not cooperate with the court as provided under the Article 95 of the Constitution of Nepal. On 27 May 2005 the Supreme Court had to write to the Ministry of Land Management for the 14th time, asking it to send the files of the five-year-old cabinet and ministry-level decisions, as they were required to finalize a land dispute case.368

The government's apathy and non-cooperation with the court hindered in the dispensation of speedy justice to the people of Nepal. As many as 1,838 writ petitions filed before April 2004 have reportedly remained unheard in the court as different ministries, organizations and offices have not responded to the apex court orders issued in the preliminary hearing of the petitions. Altogether, 2,768 writ petitions were pending at the Supreme Court as on 12 June 2005. Different government agencies including the Secretariat of Cabinet and Council of Ministers, Ministry of Land Reform and Management, Ministry of Finance, Home Ministry, Police Headquarters, tax collection offices, Guthi Sansthan, municipal offices and district administration offices were allegedly not submitting the required documents despite repeated requests by the court. According to the Civil Code related to Court Management, the Supreme Court can only slap a paltry fine of Rs 50 each time the concerned offices fail to respond to each letter asking for the necessary documents.369

On 15 May 2005, authorities and Mahendra Sanskrit University administration admitted new students in Tindhara Hostel, defying the SC interim order not to do so. On 24 May 2005, the Supreme Court issued another interim order to the authorities not to admit new students in Tindhara Sanskrit Hostel till further order.370

Despite repeated orders of the Supreme Court to furnish a document relating to the agreement signed between the government of Nepal and the United Nations on the peacekeeping force

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of the RNA, the Ministry of Foreign Affairs and the RNA failed to furnish the same before the court. Ex-Army Welfare Council chairman Ambar Bahadur Thapa Magar had moved the Supreme Court four years ago accusing the RNA of misusing the RNA Welfare Fund. In response to the petition, the Supreme Court had directed the Ministry of Foreign Affairs and the Headquarters of the RNA several times to furnish a copy of the agreement. On 23 August 2005, the SC had issued a fresh directive to the concerned parties to furnish a copy of the agreement within 15 days or face contempt of court action. But the court failed to get a reply.371 On 21 November 2005, the Ministry of Foreign Affairs submitted a copy of the said agreement before the apex court.372 Earlier, the MoFA had told the Supreme Court that no pact on peacekeeping was singed with United Nations.373

C: Violation of Article 96: Contempt of Court

The government and its agencies have been contemptuous of the judiciary in violation of the Article 96 of the Constitution of Nepal which provides: "Article 96 Orders and Decisions of the Courts to be Binding

(1) All shall abide by the orders and decisions made in the course of hearing of a suit by courts.

(2) Any interpretation given to a law or any legal principle laid down by the Supreme Court in the course of hearing of a suit shall be binding on His Majesty�s Government and all offices and courts".

Nothing reflects the contempt of court that re-arrest of accused after the order of their release by the courts including from the premises of the Supreme Court. Since February 2005, Asian Centre for Human Rights has recorded the re-arrest of 59 persons after the courts ordered their release. The government has openly defended such illegal re-arrests. On 18 May 2005, the Home Minister Dan Bahadur Shahi shot back at the journalists saying, "Did the Supreme Court order not to re-arrest him" when asked to justify re-arrest of student leader Rajendra Rai.374

On 26 April 2005, former minister Jaya Prakash Prasad Gupta was re-arrested from his residence in Sinamangal, Kathmandu by plainclothes security personnel without any reason except that it was a "high-level order". He was earlier released by the Supreme Court on 19 April 2005 that termed his arrest following February 1 royal takeover as illegal.375 On 5 May 2005, the Supreme Court once again held Gupta's arrest as illegal and ordered his release. But he was arrested again on the same day of his release.376 However, the authorities had to release him on 27 May 2005 following another Supreme Court order. Even after his release his movement was restricted by presence of huge contingent of plainclothes security personnel stationed outside his residence.377

On 5 May 2005, Gagan Thapa, former General Secretary of the Nepal Students Union (NSU),

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was re-arrested by the police from inside Kathmandu District Police Office soon after his release at the order of the Supreme Court.378 His detention was extended by three months.379

However, following repeated orders of the Supreme Court, 380 the government released him on 25 May 2005.381 But he was arrested again on 27 July 2005 by plainclothes policemen.382 The government kept on extending his custody. Sedition chargesheet was filed against him on 12 August 2005 under which he could face imprisonment up to three years.383 On 14 August 2005, the Special Court ordered the release of Gagan Thapa saying there was no ground to keep him in custody as charges brought against him were not clear.384

On 16 May 2005, former president of ANNFSU, Rajendra Rai was re-arrested by the police immediately after his release from the Kathmandu district court premises following a Supreme Court order.385 He was arrested in front of the representative of the UN High Commission for Human Rights, NHRC, rights groups, journalists, lawyers and judges. Police baton charged lawyers, journalists and human rights defenders when they tried to prevent the re-arrest of Rajendra Rai.386 On 20 May 2005, the government released Rajendra Rai following intervention by the Supreme Court.387

On 27 May 2005, former minister and standing committee member of the CPN-UML, Ishwor Pokharel was re-arrested by the police without any warrant notice immediately after his release in Rajbiraj following a Supreme Court order.388

On 8 June 2005, plainclothes policemen re-arrested Karna Bahadur Thapa Magar, a farmer by profession who had been booked under the Terrorist and Disruptive Activities (Control and Punishment) Ordinance since 8 October 2004, from the premises of Kathmandu District Court soon after his release at the order of the Supreme Court. As he was being escorted out of the District Court premises, plainclothes policemen whisked him away in a private vehicle.389 But during hearing at the Supreme Court the RNA gave a "false" statement, saying that Thapa Magar was arrested in Bhaktapur by patrolling security forces on 9 June 2005 with socket bombs and "terrorist related documents". When he was released by the court on 4 July 2005, plainclothes security personnel, two of them wearing masks, again tried to arrest Magar. He had to finally flee in a vehicle escorted by two UN vehicles.390

On 15 June 2005, plainclothes security personnel re-arrested Nawaraj Subedi, general secretary of Jana Morcha Nepal, from the party office within a few hours after the Supreme Court ordered for his release. He was first arrested from Tribhuvan International Airport on 14 May 2005 on his way to Pakistan to participate in a conference.391 On 22 June 2005, the government in a written reply to the Supreme Court denied having rearrested Nawaraj Subedi.392 But on 23 June 2005, a team of the National Human Rights Commission found Nawaraj Subedi in detention at District Police Office, Lalitpur.393

On 22 June 2005, plainclothes security personnel re-arrested Govind Ghimire from the premises of Kathmandu District Court immediately after he was release following a Supreme Court order. Ghimire's relatives, lawyers and human rights defenders, who had gone there to receive him, were physically assaulted by the security personnel.394 On 18 June 2005, the

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Supreme Court had pronounced Ghimire's detention on the charges of being a Maoist as illegal and ordered for his release.395 In yet another act of disrespect of the court, the authorities failed to produce Ghimire before the Supreme Court within the deadline of 2.30 pm on 22 August 2005. The public prosecutor turned up at the court without the detainee.396

On 24 July 2005, police re-arrested Nishan Bishwakarma of Baglung Amalachaur, from court premises in Pokhara immediately after his release following the Supreme court's order.397

On 4 August 2005, police re-arrested Guna Ram Damai soon after he was released on a court order in Baglung.398

On 12 August 2005, plainclothes security personnel re-arrested Raj Kumar Pariyar from Kathmandu District Court soon after he was released vide a Supreme Court order in the presence of a judge of the court. His father, Gyan Bahadur Pariyar was also arrested but was released the following day. On 10 August 2005, the Supreme Court had declared his detention on the charges of being a Maoist as illegal and had ordered for his release.399 On 22 September 2005, Krishna KC was re-arrested from the premises of the Supreme Court immediately following his release.400

On 19 September 2005, 11 detainees identified as Prem Bahadur Oli, Tek Bahadur Khatri, Man Bahadur Bista, Padam Sarki, Birman Sarki, Tapta Bahadur Giri, Bir Bahadur Karki, Padam Bahadur Budha, Gagan Singh Kunwar, Dhawal Singh Bohara and Ujal Singh Dhami were re-arrested immediately after being released by the Kanchanpur District Court in Mahendranagar in western Nepal as per the order of the Supreme Court. This was the third time that the security forces have re-arrested the group defying the order of the court. Earlier, they had been re-arrested on 12 May 2005 and 15 June 2005. The Kanchanpur Appeal Court had released them on the ground that the government had not provided sufficient evidence to justify their preventive detention under the Terrorist and Disruptive Activities (Control and Punishment) Ordinance (TADO).401 These activists were arrested on 17 August 2004 while attending a mass meeting held by the Maoists in Kanchanpur district. They were initially held in incommunicado detention at the Surya Dal army barracks in Bhagatpur, Kanchanpur district, and transferred to Kanchanpur prison in November 2004. They were severely tortured in detention.402

On 18 October 2005, five persons freed from the District Jail in Jhapa on the orders of the acting Chief District Officer Prem Narayan Sharma were reportedly re-arrested by the security forces. Four of them were identified as Purusottam Chudal of Surunga -9, Puspa Upreti of Mechinagar, Khagendra Prasad Dahal of Shantinagar-9 and Him Bahadur Rana Magar of Ilam, Laxmipur. They were kept in detention for a year at the time of their release.403 On 21 October 2005, a division bench of the Supreme Court comprising Justices Min Bahadur Rayamajhi and Balram KC ordered the release of detainee Rajendra Phuyal in the presence of a Kathmandu district judge. But the government defied the SC and did not release Phuyal.404

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Phuyal, a security personnel employed by the private security company Kantipur Security Service, has been in detention for the last 18 months on the charges of being involved in terrorist and disruptive activities.405 In response to a habeas corpus petition filed by Phuyal's father Khagendra Prasad Phuyal, on 26 October 2005, the Supreme Court issued show cause notice to the Ministry of Home Affairs, the Headquarters of Police and the Royal Nepalese Army, the Kathmandu District Police Office, Hanumandhoka and the Central Jail, and ordered to produce Rajendra Kumar Phuyal before the apex court on 28 October 2005.406 On 20 November 2005, police re-arrested Aiendra Bikram Begha, alternative central committee member of All Nepal National Independent Students' Union - Revolutionary (ANNISU-R) as soon as he was released following the order of the Appellate court, Biratnagar.407

On 22 November 2005, police re-arrested Krishna Chaulagain, resident of Bayarban in Morang district, after he was released by Appellate court, Biratnagar. He was arrested two years ago on charges of being a Maoist.408

On 24 November 2005, police re-arrested secretary of ANNISU-Sunsari, Lochan Dhamala and Him Prasad Mishra - both residents of Dangihat VDC of Morang district - from the premises of the appellate court of Biratnagar immediately after the court released them.409

On 27 November 2005, plainclothes police personnel re-arrested three Maoists- Shyam Sundar Dhungana, Bhola Thapa and Sukram Lama - immediately after they were freed from the premises of the Parsa District Court. The Appellate Court Hetauda ordered their release on 24 November 2005.410

On 4 December 2005, Khem Raj Dahal of Hardiya-5 in Saptari district was re-arrested by plainclothes security personnel from the Appellate Court premises in Rajbiraj. His whereabouts were not known as on 5 December 2005.411

On 4 December 2005, the security personnel tried to re-arrest Bina Magar, former chief of the Maoist-affiliated All Nepal National Independent Students' Union (Revolutionary) of Kathmandu district, from the Supreme Court's premises immediately after her release by the Supreme Court (SC) after terming her detention unlawful. Magar was released by the SC at 4 pm but the security personnel kept waiting in front of the court's main gate till around 6: 30 pm. The detainee finally managed to evade re-arrest with the help of lawyers and human rights defenders, including representatives from the Office of the High Commission for Human Rights in Nepal. The security personnel followed her vehicle but they failed to get her. This was the second time the court had ordered for Magar's release. The court had ordered her release some seven months earlier, but the order was flouted.412

On 19 December 2005, plainclothes security personnel re-arrested former general secretary of the Maoist-affiliated All Nepal National Independent Student Union - Revolutionary, Himal Sharma, from the Supreme Court premises soon after the Supreme Court released him. Himal

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Sharma had been in security custody for two years under TADO. The SC also held that the Appellate Court�s decision of 18 December 2005 granting permission to the police to detain Sharma for 25 days more was illegal. Yet, flouting Supreme Court order, the security personnel re-arrested Sharma and in the process of re-arrest, the security personnel beat up human rights activists, lawyers and journalists.413 On 18 December 2005, while talking to Kantipur Television, Himal Sharma alleged torture in security custody. He said pins were inserted into various parts of his body as a part of torture and showed his swollen fingers to the journalists as evidence.414 On 20 December 2005, the Kathmandu District Police Office (KDPO) framed charges against Sharma for allegedly murdering Colonel Kiran Basnet who was killed about two years ago and produced him before the Patan Appellate Court. The Appellate Court remanded him to police custody for 20 days for investigations into the colonel's murder. Interestingly, the KDPO told the Appellate Court that Sharma was arrested the previous day when he was walking along Ramshahpath.415

d. Threats against the lawyers

Following the Royal take over, the lawyers came under attacks from the government. On 1 February 2005, former President of Nepal Bar Association, Sindhu Nath Pyakurel was arrested from his office in Kathmandu. He was reportedly held incommunicado for nine days at the Kakani army barracks in Nuwakot District before being moved to the Armed Police Force camp in Duwakot in neighbouring Bhaktapur District, and then to the Bhaktapur police station. He was released on 14 February 2005 following Supreme Court's intervention.416

On 18 February 2005, advocate Kalam Bahadur Khatri was arrested by the police and was illegally detained for three weeks under the Public Security Act, 2046 B. S. The police later said the arrest was due to mistaken identity as they had arrested the advocate while the arrest warrant was issued against another person bearing the same name i.e. Kalam Bahadur Khatri.

But advocate Kalam Bahadur Khatri alleged that the police had arbitrary arrested him by making the necessary correction of the name on the warrant slip in front of him after he had identified himself as an advocate and told them that he was not the person they were looking for. Following a habeas corpus writ petition, the Supreme Court ordered his release on 10 March 2005. The Court held that "he was being held illegally".417

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IX. Crippled NHRC

Prior to the royal takeover, National Human Rights Commission of Nepal played a critical role. On 18 February 2004, Asian Centre for Human Rights observed, "amidst the ruins of all institutions associated with a modern State, NHRC of Nepal appears to be the only surviving one".418

Following the Royal takeover, Gyanendra confined the members of the NHRC within the Kathmandu valley. On 5 March 2005, security forces barred a team of the National Human Rights Commission (NHRC) Sushil Pyakurel, Dr Gauri Shankar Lal Das and head of NHRC's Protection Division Yagya Prasad Adhikari - scheduled to fly to Bhairahawa to investigate killings of Maoists sympathisers by the vigilante groups. The NHRC team was prevented despite the fact that it had already informed the Home Ministry and all concerned authorities about the team's visit to Kapilvastu.419

In a clear attempt to weaken the independence of NHRC, on 16 March 2005, the government formed a nine-member high-level Human Rights Committee headed by the Attorney General to undermine the NHRC in the name of promoting human rights. The Human Rights Committee and the NHRC had conflicting mandate.

As the term of then NHRC members expired, King Gyanendra introduced an Ordinance on 18 May 2005 amending section 4(2) of the Human Rights Commission Act to change the composition of the Recommendation Committee. This was to dispense with the requirement of the approval of the prime minister and the leader of the opposition in the lower house of parliament under the National Human Rights Commission Act of 1997 to appoint the members of the NHRC. As parliament was dissolved in May 2002, the appointing committee could not be established. On 27 May 2005, while retaining Commission's Chairman Nayan Bahadur Khatri, King Gyanendra nominated other members who are close to the Palace.420

The activities of the NHRC members raised legitimate questions about the integrity of the NHRC. Asian Centre for Human Rights is aware that new members of the NHRC met Krishna K C, former vice president of the All Nepal National Independent Students' Union (Revolutionary), in RNA custody. Krishna KC was listed as disappeared after his arrest by the security forces from Kathmandu on 13 September 2003. But the NHRC members did not disclose his details. Finally, he was produced before the Supreme Court and released on 22 September 2005. But he was re-arrested from the Supreme Court premises as soon as he was released.421 He was brutally tortured in detention. A journalist who was present at the hearing on 22 September 2005 told the Director of Asian Centre for Human Rights that Krishna KC

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did not look like a person, who should be arrested but more a person who should be immediately sent to doctors/hospital because of the torture suffered, which was apparent.422

ACHR also received credible evidence that the email communications of the international consultants to the NHRC were monitored.423

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X. Muzzling of Freedom of Press

The media persons faced the most serious repression under King Gyanendra. On 3 February 2005, King Gyanendra "banned for six months any interview, article, news, notice, view or personal opinion that goes against the letter and spirit of the Royal Proclamation of 1 February 2005 and that directly or indirectly supports destruction and terrorism".424 The RNA personnel, who were stationed at the newsrooms edited all news items before being published in print or electronic media. Most Indian Television channels were banned in Kathmandu valley.425 It was only on 8 June 2005 that the Nepal government decided to resume airing of Indian news channels.426 At least 430 journalists were arrested, attacked or threatened since the Royal takeover and half of the cases of censorship in the world were in the kingdom.427 The government also banned three websites respectively www.insn.org, www.samudaya.org and www.gorkhanews.com.428

On 9 October 2005, King Gyanendra promulgated "Ordinance Amending Some Nepal Acts related to Media-2062" which banned criticism of the King and private radio stations from broadcasting news, gave total power to the government to revoke journalists' press accreditation, arrest and prosecute them, and imposed higher fines for defamation, among others.429

The order was challenged before the Supreme Court. In its interim order on 11 November 2005, the Supreme Court refused to defer the application of the Ordinance,430 thereby paving the way to stifle dissent against the government. The Ministry of Information and Communications prohibited news agencies from selling and distributing news to any "Publishers, Broadcasting Agency or Individual" without approval of the government. In a statement issued on 15 November 2005, the ministry said the notification was made in accordance with the Ordinance to amend some Nepal Acts 2062 B.S. that amended Clause 32 (2) of the National News Agency Act, 2019 B.S. requiring all national and international news agencies to sell and distribute their news within Nepal only after taking approval of the government.431

Earlier, in August 2005, the government introduced Government Advertisement One-Door Policy, 2062 BS (GAODP) that, among others, ruled out providing any government advertisements to those newspapers, which do not show respect to the monarchy.432 In May 2005, the government had reportedly suspended 4.5 million rupees assistance to the Federation of Nepalese Journalists (FNJ).433 In December 2005, Minister of State Shrish Shumsher JB Rana asserted that government advertisements would be provided as per the Government Advertisement One-Door Policy, 2062 BS (GAODP) to only those newspapers,

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which show respect to the monarchy.434

a. Ban on private FM Radios

The FM radios, which became popular because of their current affairs and news programmers have been specific target. In early April 2005, the state-run Radio Nepal blocked news transmissions of BBC World Service over 103 FM in Kathmandu without giving any reason.

It was only in November 2004, Radio Nepal had started relaying the BBC World Service programmes following a contract with the latter.435

On 27 May 2005, the Ministry of Information and Communication, in a one-sentence letter, ordered the Communication Corner, a radio program production center for FM and community radios, to close down accusing it of "illegal operations". The ministry however failed to mention as to what constituted those "illegal operations".436 On 7 June 2005, the Supreme Court stayed the government order.437 But in early August 2005, the Ministry of Information and Communications threatened Nepal FM 91.8 with closure for airing news.438

On 10 August 2005, the SC stayed the government order to close down the Nepal FM 91.8439 and further extended the stay order on 7 September 2005.440

Over 2,000 radio journalists were rendered jobless due to the ban.

At the midnight of 21 October 2005, armed policemen raided the office of Kantipur FM radio station in Lalitpur and forcibly seized its transmission equipment resulting in the disruption of services.441 The government returned its transmission equipment only on 20 December 2005.442

On 23 October 2005, the Ministry of Information and Communications summoned more than a dozen representatives of FM stations and reportedly issued directions to stop broadcasting news oriented programs with immediate effect from 23 October 2005, and warned that strong action would be taken if any one failed to comply with the government directives.443

On 26 October 2005, in a "confidential" and "urgent" letter, the Ministry of Information and Communications issued a 24-hour ultimatum to the Kantipur F. M. to explain as to why its operating license should not be cancelled. The Ministry of Information and Communications accused Kantipur FM of airing news despite government's prohibitory orders.444

Following the refusal by the Supreme Court on 11 November 2005 to defer the "Ordinance Amending Some Nepal Acts related to Media-2062", the Kantipur FM 96.1 had to suspend broadcasting Kantipur Diary- its news based programme with immediate effect.445 On 27 November 2005, the police raided the Radio Sagarmatha, the first community radio in South Asia, and closed down the radio station for "attempting to carry a BBC Nepali service relay broadcast that included the interview of Maoist leader Pushpa Kamal Dahal alias Prachanda." The police seized transmission equipment, and detained five staff.446 In its interim

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orders on 29 November 2005447 and 30 November 2005,448 the Supreme Court allowed the Radio Sagarmatha to resume its operations, but the Ministry of Information and Communications continued to harass the radio station.449 On 7 December 2005, the Supreme Court again ordered the government to allow Radio Sagarmatha to air the BBC Nepali service broadcast.450 But the government returned all equipments of the radio station only on 14 December 2005.451

b. Summon, arrest and torture of journalists

Several journalists were beaten up and detained, and editors of several newspapers including The Kathmandu Post and The Kantipur were summoned by the authorities and warned of "military consequences". Many journalists indeed faced "military consequences" with arrest and detention.

On 6 February 2005, BBC correspondent in Nepal, Netra KC was taken into custody by the Army personnel at Nepalgunj.452 Earlier, the BBC Radio's World Service broadcasted an interview of Netra KC with Maoist leader Krishna Bahadur Mahara.453

On 14 March 2005, Indian journalists covering the protests that followed the visit by Nepal's crown prince Paras to a sports stadium in Mechi were detained and beaten up by the Royal Nepal Army in Kakarbhita district.454

On 14 March 2005, security personnel manhandled Reuters photojournalist Rupak De Chaudhary despite showing his identity card at Damak in Kakarbhitta district. He suffered bruises in the head after security personnel beat him as he was taking photographs of a demonstration by political parties. He was detained at area police office at Kakarbhitta and released three hours later.455

On 17 March 2005, the Home Ministry re-issued a public notice that action would be taken as per the Press and Publication Act, 2048 BS if anyone published prohibited interviews, articles, news, information, reading materials, opinions or personal views that directly or indirectly abet terrorism against the intent and the spirit of the Royal proclamation on February 1.456 Following the directions of the Home Ministry, on 22 March 2005, the District Administration Offices (DAO) of Parsa457 and Birgunj458 issued a fresh 21-point directive for local newspapers. The DAO said reports or write-ups critical of Rastrasewaks (civil servants) or affecting their morale is banned throughout the district from March 22. It said any reports that provoke or affect public morale, directly or indirectly shall also be illegal and punishable.

On 28 March 2005, the Local Administration of Narayangadh (Chitwan district) again issued the same 21-point directives to the local media with instructions not to publish any news that discourages civil servants.459

On 17 March 2005, Kathmandu District Police Office summoned and interrogated Narayan Wagle, editor of the Kantipur daily, for about 45 minutes about the news that reported arrest of 750 political leaders and activists in the March 15 issue of Kantipur.460

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On 21 March 2005, the police reportedly detained journalist of Nepal Samacharpatra daily, Kushal Babu Basnet, who was covering the protest rally in Gaighat of Udaypur district.461

On 22 March 2005, Police seized photographs of protest rallies from Krishna KC, president of Federation of Nepalese Journalists (FNJ) Lamjung branch, when he was covering the protest rally of Nepali Congress in Lamjung. Police also allegedly warned KC against taking photographs of rallies in future.462

On 29 March 2005, police intervened into a peaceful rally organized in Nuwakot by the Nuwakot district branch of the FNJ. They confiscated their banner and briefly detained FNJ Nuwakot president, Biswamitra Khanal, and other journalists.463

On 4 April 2005, security personnel guarding the residence of the UML general secretary Madhav Kumar Nepal under house arrest reportedly manhandled journalists who were covering Sher Bahadur Deuba's visit. The security forces reportedly snatched away note pads, camera and cassettes and forced the photojournalists to delete the snaps they had taken. They even forced TV cameras to delete their footage.464

On 4 April 2005, Chitwan District Administration Office (DAO) and the police grilled three district reporters of Kantipur Publications - Prabhakar Ghimire, Narayan Sharma and Khuman Singh Tamang separately for about two hours for not mentioning the source of the news of torching of seven trucks by the Maoists published in the Kantipur daily.465

On 7 April 2005, Krishna Prajapati, a correspondent of Sandhya Times daily published from Kathmandu, was reportedly detained at Banepa.

On 8 April 2005, police detained Kashinath Yadav, the editor of Brahmastra daily, and Rabindra Singh, a correspondent of Kalaiya weekly. They were on the way to cover reports on protest by the political parties in Birgunj. Kamal Raj Regmi, who was taken into security custody some days before was sent to jail on 8 April 2005 citing security reasons.466

On 8 April 2005, the Area Police Office in Dharan summoned Kishor Kumar Karki and Keshav Ghimire, editor and news coordinator of the Blast Times daily respectively; Bimal Shakya and Rajesh Bidrohi of Morning Post daily; Pradeep Meyangbo, local reporter of the Morning Post and Robin Giri of Annapurna Post and warned them against publishing any news or photographs related to protests against the February 1 royal proclamation.467

On 8 April 2005, sub-editor Robin Poudel of Tanahun Aawaj weekly was arrested from Damauli while collecting news of pro-democracy protests. On 10 April 2005, he was handed a warrant for 3-month detention under the Public Security Act.468

On 9 April 2005, police picked up Kathmandu Post reporter Ghanashyam Khadka from his residence in Tanahun and grilled him regarding the news on political parties� demonstration and police intervention published on that day's edition.469

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On 18 May 2005, the District Administration Office of Lalitpur issued a letter to Kanak Mani Dixit, publisher of Himal Khabar Patrika, asking him to furnish a written clarification on his article titled "National Crisis: Situation and Opportunity," published on the 29 March 2005 issue of the magazine.470

On 23 May 2005, the Code of Conduct Monitoring Unit of Press Council Nepal sought a written clarification from the editors of The Kathmandu Post and its sister publication, Kantipur daily on a news item, "Draconian laws to curb media" published on 21 May 2005, alleging that the news was published on the basis of "imagination" and "speculation".471

On 24 May 2005, Press Council, Nepal issued a letter to the editor of the Annapurna Post seeking clarification within seven days regarding a news item that had appeared in the paper's 21 May 2005 edition. The news item had referred to the government's "bid" to pass an amendment to media laws barring one media house from running newspapers, TV and radio channels.472

On 27 May 2005, the Royal Nepalese Army (RNA) reportedly arrested two journalists - Himal Dhungel, president of FNJ Ramechhap district branch, and Nawaraj Pathik, local correspondent of Nepal Samacharpatra, and interrogated another local journalist Sarita Aryal, reporter of Sukhi Sansar, in Manthali in Ramechhap district over their recent visits to different villages.473

On 8 June 2005, riot police detained 58 journalists, including FNJ president Bishnu Nisthuri, from Bhrikuti Mandap in Kathmandu. The journalists were protesting against the government's plan to introduce a new press law aimed at stifling the independent press.474 The arrested journalists were released on 9 June 2005.475

On 9 June 2005, the police beat up journalists during a peaceful demonstration at Kalaiya, district headquarters of southern district of Bara. At least ten journalists were injured, one of them seriously. Secretary of the Federation of Nepalese Journalists (FNJ) Bara district chapter Guru Prasad Gautam was injured seriously when police beat him up with the butt of a gun on his stomach. He has been admitted at a local hospital.476

On 13 June 2005, at least 48 journalists, including FNJ president, Bishnu Nisthuri and general secretary Mahendra Bista, were arrested during a peaceful demonstration at Ratna Park in Kathmandu. Plainclothes policemen also manhandled a number of journalists while trying to arrest them.477 All were released on the next day.478

On 21 June 2005, Chandra Lal Giri, a reporter with "Shram" weekly newspaper, was released from Central Jail at Tripureswore, Kathmandu at the orders of the Supreme Court in response to a habeas corpus petition. The SC held his detention "illegal" and ordered his release.479 He was allegedly severely tortured during his six-month detention480 and demanded compensation for torture.481

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On 22 June 2005, 10 journalists were arrested in Kavre for demanding restoration of full press freedom and democracy. Those arrested included Kavre district president of the Federation of Nepalese Journalists (FNJ), Ishwori Ojha, R L Shramjibi, Kanchan Adhikari, Prakash Sapkota, Mahesh Poudel, Biswa Mani Dhital, Dipak Adhikari, Moti Ram Timilsina, Nawaraj Bajgain and Upendra Sapkota.482 They were freed later on the same day.483 On 22 June 2005, two plainclothes military officers entered the office of the Kathmandubased weekly Jana Aastha three times to question staff members about a June 22 article on the activities of a general in the Nepalese army. Editor Kishor Shrestha said the military officers demanded that he and other journalists at the newspaper reveal the source of the June 22 article. Failed, the military officers left the office after threatening to return again on 27 June 2005.484

On 23 June 2005, police detained and questioned Kishor Karki, editor of Blast Time, a daily newspaper based in the town of Dharan, about his reporting on a clash between the security forces and Maoist cadres in Bhojpur district on June 22. Citing orders from the Chief District Officer, a police inspector reportedly questioned Karki for two hours and coerced him to reveal the source of his reporting on the clash. But the editor reportedly did not disclose his source.485

On 23 June 2005, the government stopped the broadcasting of Bahas, a popular talk program on current political affairs on the state-owned Nepal Television (NTV), and the management of the NTV even removed producer of the program, Indra Lohani. Lohani, who was also the secretary at the Supreme Court Bar Association, had been a vocal critic of the post Feb.1 government. In an interview with the Kantipur daily on 24 June 2005, Lohani said, "They [the government] might have removed me, as I refused to act in accordance with their demand."486

On 29 June 2005, police arrested five journalists including Nepal Press Union (NPU) president Murari Kumar Sharma, vice president Bindu Kanta Ghimire, central committee members Kiran Pokhrel and Shital Koirala and Nuwakot district unit president of the NPU, Shiva Devkota, while they were trying to enter Singha Durbar, Kathmandu demanding total press freedom.487

In June 2005, the district administration of Bajhang and the security forces reportedly imposed restriction on the reporters on the use of telephones and fax to disseminate news.488

In Arghakhanchi district, the district authorities reportedly prohibited installation of fax in their desperate bid to stop journalists from dispatching news to their respective media in the capital. Journalists have to dispatch their news via bus conductors, and the post office.489

On 30 June 2005, the government blocked two websites www.insn.org and www.samudaya.org, hosted from India and the United States respectively, for their alleged "offensive" content.490 In September 2005, the government also banned Britain-based Everest World Limited's online news service www.gorkhanews.com in Nepal.491

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On 8 July 2005, central regional administrator, Rabindra Chakrabarty summoned and illegally detained Bhadranath Adhikary, editor and publisher of "Grameen Samachar", a fortnightly newspaper published from major industrial city of Birgunj in central region, for over 24 hours for exposing his alleged involvement in corruption. In its June 29 issue, "Grameen Samachar" newspaper reported that Chakrabarty had used his influence to stop probe in "suspicious death� of three Indian workers at the local Star Cement Industry after allegedly taking a bribe of Rs 200,000 (approx. US$ 3,000). Adhikary was released after he was made to sign on an "affidavit" saying that he would make his newspaper's executive editor, Raghav Shah, report to the regional administration office.492

On 30 July 2005, Kantipur distributor Ramakant Gautam was detained from Mahendrapool in Pokhara by the security forces. Gautam said the security forces severely beat him after he was taken to army barrack based at Fulbari, despite identifying himself as a newspaper distributor, not a Maoist. They even threatened to bury him in a ditch. He was however released on 31 July 2005.493

On the morning of 1 August 2005, Harihar Singh Rathour, a reporter for Kantipur daily and Kathmandu Post; Pushkar Thapa, a reporter for the daily Annapurna Post; Kamal Neupane, a reporter for Nepal Samacharpatra and INSEC representative Naman Kumar Shahi were summoned by Major Hikmat Bista at the army barracks of the Bhawani Baks battalion in Dailekh district in connection with their reports alleging that the Royal Nepalese Army was recruiting children to work as informants.494 Harihar Singh Rathour had also been summoned on 27 July 2005 for the same news report.495

On 2 August 2005, Dhanusha-based journalist Manoj Kumar Sha was assaulted by some unidentified persons.496

On 7 August 2005, Kantipur carried an opinion piece by columnist Krishna Jwala Devkota titled "Why doesn't the army speak" Since then he had been receiving threatening calls and e-mails from persons who claimed to be "government security forces".497

On 8 August 2005, the Parsa Chief District Officer reportedly summoned editor and publisher Krishna Kumar Khanal and managing director Bijay Kuswah to the DAO office in relation to a story they ran in the Birgunj Report Daily on 5 August 2005.498

On 22 August 2005, police indiscriminately thrashed journalists Ajaya Babu Siwakoti of Image Channel and Narendra Shrestha of The Kathmandu Post with batons while they were covering a demonstration at Baneshwor. Both were injured in the baton charge.499

On 25 August 2005, Government Spokesperson and Minister for Information and Communications, Tanka Dhakal, said action has been initiated against The Kathmandu Post and its sister publication, Kantipur Daily for publishing an "objectionable" cartoon in their 21 August 2005 editions. The chief district officer of Kathmandu has already summoned Director of the publications Binod Raj Gyawali and editors of Kantipur, Narayan Wagle, and the Post,

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Prateek Pradhan, in this connection. Similarly, Press Council has sought a written reply from the editor duo as to why action should not be taken against them for publishing the cartoon that violates the code of conduct of journalism.500

On the night of 26 August 2005, some armed persons, claiming themselves as security personnel, raided the home of a reporter of Channel Nepal TV, Ram Raj Pokhrel, and interrogated him "in a very offensive manner". They searched his rented room at Butwal-10 in Rupandehi for about 25 minutes.501

On 6 September 2005, at least a dozen journalists including photographer Rosan Rai of The Himalayan Times, Bhimsen Rajbahak of Communication Corner, Kiran Nepal of Himal Media, Bimal Gautam of World News Online, J P Gupta of Disha Nirdesh and Bharat Sahi of Chuli Weekly, were injured in brutal police assault when they were covering the ongoing street protests in New Road area, Kathmandu. It was alleged that plainclothes security personnel disguising themselves as journalists pelted stones at uniformed security personnel thereby inciting the action against the journalists. The journalists reportedly caught one such plainclothes policeman but he managed to escape in a security vehicle.502 Bharat Shahi had to be admitted to Bir Hospital by the police in a serious condition.503

On 19 September 2005, The Kathmandu Post's Dailekh correspondent, Harihar Singh Rathour, was arrested from his residence in Dailekh.504

On 4 December 2005, the central regional administrator in Hetauda, Rabindra Chakrawarti, summoned Santosh Neupane, editor of Hetauda Sandesh, a local daily, and warned him not to publish anything critical about the government. Neupane reportedly gave verbal explanation for five news reports that had been published on various dates in his daily.505 Chakrabarti and the police questioned the editor for more than eight hours and freed him on condition that he would be available as and when summoned by the administration. In response to a complaint filed by Neupane506, on 12 December 2005, the Appellate Court of Hetauda issued a show cause notice to the regional administrator Rabindra Chakrabarti and District Police Office of Hetauda to furnish in writing why they threatened and interrogated journalist Santosh Neupane and asked not to threaten, interrogate and torture the journalist on charges of writing any news.507

On 9 December 2005, the local administration of Myagdhi, Baglung and Parbat districts under Dhaulagiri zone in western region ordered the journalists of the three districts to be present before the Zonal Administration Office (ZAO) along with their license. The summon was reportedly issued as per direction of Dhaulagiri Zonal Administrator Ramji Bista.508 While the journalists of Baglung and Myagdi were summoned at the office on 15 December 2005, those from Parbat were asked to present themselves there on 18 December 2005. The journalists reportedly defied the order.509

On 19 December 2005, the police arrested Rajdhani daily reporter Yam Birahi and manhandled Prakash Acharya, Gorkhapatra daily reporter in separate incidents. According to

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a statement issued by Federation of Nepalese Journalists (FNJ) on 20 December 2005, Birahi was arrested by the police while he was walking home and detained for hours, whereas Acharya was seriously injured by the riot police on the morning of 19 December 2005 in front of Ratna Rajya Campus while he was returning after taking classes.510

On 21 December 2005, a policeman reportedly tried to arrest Ram Bharat Saha, local correspondent of Tarun weekly, accusing him of publishing news items about Zonal Administrator Janak Jangali in the weekly. According to Saha, the policeman had come to his home in Janakpur and asked him to present himself before the "SP sahib" at the district police office. But he declined to follow him without an arrest warrant.511

On 30 December 2005, the RNA in Dailekh reportedly ordered the District Police Office to immediately arrest Bindu Shahi, a member of Federation of Nepalese Journalists (FNJ) and correspondent of Kankrebihar, a vernacular daily.512

On 2 January 2005, police beat up and detained journalist Moti Poudel of Kantipur daily and cameraman Kamal Panta of Kantipur Television Network from the premises of Surkhet Appellate Court while they were covering the news of re-arrest of four persons by the plainclothes policemen immediately after their release by the court. Police Inspector Gobindha Pathak of the Regional Police Office allegedly threatened the journalists to put them behind the bars accusing them of helping the Maoists. Police inspector Rajkumar Silwal of District Police Office also snatched Panta's camera and deleted the pictures, stating that he was ordered to do so by "higher-ups".513

On 7 January 2006, nine army personnel arrested journalist Hari Narayan Gautam from a peaceful CPN-UML gathering at Kalimati in Baglung. During arrest, the security personnel identified themselves as Maoists. The security men took him to 23-brigade of the Royal Nepalese Army and released him after three hours.514 The NHRC is reportedly investigating into the Baglung incident.515

On 8 January 2006, Kathmandu Post reporter of Ilam, Benupraj Bhattarai, was summoned at the District Police Office and grilled by two inspectors and DSP Shishir Karmacharya for 45 minutes and pressurized him to reveal the source of his news report of January 6 that a group of students had waved black flags to the king during his visit to the district. Bhattarai was freed on condition that he would submit evidence of the alleged protest when asked for.516

On 11 January 2006, Zonal Administrator of Gandaki zone, Ramji Bista, warned that action would be taken against those journalists "who are defaming the administration and security forces". Ramji Bista was reacting to the report that nine army personnel arrested journalist Hari Narayan Gautam from a peaceful CPN-UML gathering posing as Maoists.517

On 15 January 2006, two local youths threatened to kill Birendra Rawal, the editor of a local vernacular weekly Hamro Seti Samachar for publishing news of alleged irregularity committed by the vice-president of the Kailali District Development Committee, Madan

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Kunwar during a tender process. They also threatened journalists, who dared to publish anything against government-nominated members and the state. The Kailali chapter of the Federation of Nepalese Journalists (FNJ) alleged that the youths sent by Madan Kunwar.518 On 16 January 2006, Chief District Officer (CDO) Keshar Bahadur KC and DSP Pradeep Kumar Shrestha of Khotang grilled Post correspondent Dambar Singh Rai about a news story published in the Kantipur daily, sister publication of the Post on January 13 titled "Your Majesty Corruption soared after Feb 1", and warned him not to write such news again.519

On 19 January 2006, some men led by chairman of Nepal Telefilm Association, Ashok Shrestha, forcefully entered the office of Sanghu vernacular weekly and threatened the journalists and the editor.520

Nepal FM 91.8, run by Rainbow FM Pvt Ltd had to close down its operation since 18 January 2006 following government refusal to let it buy an additional transmitter. According to director of the FM, Bishnuhari Dhakal, the FM was closed down after the existing transmitter went out of order and the government did not pay any heed to the request made by the independent radios to buy the additional transmitter.521

The government of Nepal put an embargo on Indian News channels and newspapers. The Ministry of Information and Communication has banned news broadcast by Indian news channel such as Aaj Tak and Star news in Nepal since 20 January 2006. The local administration in Nepalgunj has also started to censure the Indian newspapers that carried columns in support of the protest demonstrations by major political parties in Nepal. On 20 January 2006, the local authorities reportedly cut off those pages of Hindustan and Lokjagaran dailies that carried news reports on Nepal before they were allowed to be read in Nepal on the Nepalgunj boarder.522

On 20 January 2006, a police constable threatened to shoot Kavre-based correspondent of The Kathmandu Post, Khuman Singh Tamang when he was taking pictures of detained student leaders at Banepa Police office. The police constable reportedly placed his fingers on the trigger of his loaded SMG while an assistant Sub-inspector of Police who was standing next to the constable ordered him to shoot the reporter. The constable also tried to seize the camera of Raj Kumar Parajuli of Annapurna Post. Following strong protest by the reporters, Chief of Banepa Police Ram Prasad Gharti Magar pledged to transfer the policemen involved as punishment.523

On 20 January 2006, RNA personnel reportedly seized and returned after erasing the video footages of soldiers inside the Koteshwor residence of CPN-UML general secretary Madhav Kumar Nepal, who was placed under house-arrest, shot by the reporters from CNN-IBN and Star News TV channels.524 However, the RNA refuted the report saying no RNA soldier was posted at CPN-UML general secretary Madhav Kumar Nepal's residence and as such no tapes of journalists were taken into control and erased.525

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On 21 January 2006 night, the security personnel manhandled and detained Khem Bhandari, editor of local daily "Mahendranagar Post" and "Abhiyan tabloid" from the Campus road in Mahendranagar when he was returning home from office before 9 p m, when the curfew was to begin in the area.526 Bhandari was released on 25 January 2005.527

On 23 January 2006, the Rupandehi-based reporter of The Himalayan Times, Mahendra Thapa, was beaten up by the police while covering a protest rally of the Joint Agitation Students' Committee in Butwal. Thapa sustained injuries in the head, knee and his left hand and was admitted at the Lumbini zonal hospital.528

On 24 January 2006, police reportedly manhandled Chudamani Wagle, editor of a local Nawaparicharcha weekly published from Sarlahi district, when he had gone to the District Police Office (DPO) to meet the arrested political party activists. Inspector Raj Kumar Silwal verbally abused Wagle and told him not to enter the DPO again.529

On 25 January 2005, security personnel arrested publisher and editor of local Madhesh Darpan weekly, Shiva Patel and two political leaders from their homes in Birgunj. All the three were handed three-month detention warrants.530

On 25 January 2006, journalist Dil Bahadur Air of Dadeldhura was arrested. Police also allegedly attacked Madhav Aryal and Tulsi Ram Pande in Palpa and Ghanashyam Khadka, Pradip Kafle, Rhishiram Pokhrel and Narayan Khadka in Tanahu.531

c. Attacks by the Maoists

The media has also been target of the Maoists.

On the night of 24 February 2005, Maoists looted and set ablaze the state run Nepal Television's regional programme production and broadcasting centre in Kohalpur in Banke district, inflicting damage to the tune of crores of rupees.532

On 11 March 2005, JB Pun Magar, the Himal Khabarpatrika investigative journalist, who was abducted by suspected Maoists on 8 March 2005 while on assignment to cover the anti-rebel uprising in the district of Kapilbastu, was released unharmed at 9:00 a.m. in Kapilbastu. The released journalist said he was kept blindfolded, mentally tortured and threatened "to be careful" while filing stories.533

On 15 March 2005, suspected Maoists shot at editor and publisher of "Dharan Today" newspaper, Khagendra Shrestha while he was working at his office in Dharan. He succumbed to gunshot injuries on 1 April 2005.534

On 17 May 2005, Maoists bombed a transmission station of Nepal Television (NTV) in Palpa, damaging equipment worth Rs 3.5 million.535

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On 19 May 2005, armed Maoists looted transmission equipment from Ghodaghodi FM station at Attariya in Kailali.536

In mid-May 2005, Maoists abducted Som Sharma, an Illam-based journalist associated with Ankha, a weekly newspaper, from his rented residence at Mangalbare' bazaar in Ilam.537 In a letter to his family from captivity, Sharma said he was in poor health and was receiving nothing more than potatoes to eat.538 He was released on 9 July 2005 following several rounds of negotiations with a delegation of the Federation of Nepalese Journalists.539 On 31 May 2005, the Maoist cadres reportedly blasted a powerful bomb at Radio Nepal journalist and singer Komal Oli and journalist Narendra Oli's house in Tikari of Dang.540

On 3 June 2005, Bikram Giri, Darchula-based reporter of The Kathmandu Post, was abducted by the Maoists from Chhangru in Byas VDC Darchula district. Giri was heading for Kalapani to cover a news report on the Nepal-India border dispute on Kalapani when the Maoist cadres seized him541 on charge of entering into their strongholds "without permission".542 He was freed on 10 June 2005.543

In June 2005, Maoist insurgents warned Ilam-based reporter of Radio Nepal Umesh Gurung to quit his job and join the Maoist war. Maoists also imposed restrictions on the movement of the reporter out of the district.544 However, the Maoists later admitted their mistake and released the journalist from house arrest.545

On 3 July 2005, the Maoists also allegedly threatened Kantipur daily's Humala district based correspondent Jay Bahadur Rokaya,546 and Hari Bahadur Khadka, correspondent of the stateowned Radio Nepal.547

On 18 October 2005, the Maoists allegedly threatened Kamal Neupane, Dailkeh based reporter of Nepal Samacharpatra daily to give up his profession within three weeks or face consequences. In a letter to Neupane, a Maoist leader reportedly accused him of writing news against the Maoists.548 However, the regional Maoist leadership has pledged a probe into the alleged threat to the journalist, and asked Neupane to "continue his job without any fear".549

On 22 November 2005, Maoists abducted journalist Chandra Mani Kattel, a Biratnagar-based reporter of the "Blast Times" daily, from Durgapuri in Morang district. The cadres accused Kattel of entering into their "base area" without their permission and locked him up in an empty house. He was released at around 9 p.m after brief detention of nearly three hours and warned him "not to do so in future." Kattel said the cadres manhandled him at the time of abduction and forcibly took away his mobile telephone, which was later returned.550

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XI. Attacks on Human Rights

Defenders

Human rights defenders have been under attacks from the government. They have been arrested, detained in valley and prevented from fulfilling their mandate. The most serious harassment has come in the name of providing more responsible and transparent work culture among the NGO activists. On 10 November 2005, the Social Welfare Council (SWC) introduced a 15-point Code of Conduct for Social Organisations-2005551 to regulate the National and International Non-Governmental Organizations (NGOs). The Code of Conduct has imposed several restrictions on the NGOs. It stipulated that the office bearers of NGOs should not be involved in political activities, and nobody can head any social organization for more than two terms. It makes mandatory for the NGOs to publicize their audited financial and yearly progress reports and submit them to the respective District Administration Office and District Development Committee. The Code of Conduct also stipulated that no member of a social organization should receive a monthly salary from the organization except reimbursement of the expenditure incurred while executing the activities of the organization and those getting a monthly salary from an NGO should not be on its executive committee. Besides, NGOs should not carry out any activities that could be the subject of defamation, disrespect and contempt of court. Social organizations should not use resources received as foreign aid in the government's name and they should receive permission from the SWC before receiving any foreign assistance. The local bodies have to be informed before any programme is launched with foreign assistance.552 On 23 November 2005, the Supreme Court stayed the implementation of the NGO Code of Conduct until further order.553

However, the government continued to impose the Code of Conduct. In December 2005, the Food Management Committee (FMC), Jumla, had threatened the NGO workers in Jumla district to deny their basic right to food if they failed to fall in line with the NGO code of conduct. According to NGO Federation of Nepal, the FMC, Jumla had on 28 September 2005 decided to stop providing food to NGO workers. But following strong protests from human rights activists, journalists and NGO workers, it reviewed its decision and in a letter dated 27 November 2005, it informed the NGO workers that they would be provided their share of food quota only if they showed commitment to abide by the Code of Conduct.554

On 26 December 2005, the Supreme Court gave continuity to its stay order asking the government not to implement the controversial Code of Conduct for the NGOs until it

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receives written response from the concerned authorities.555 However, on 3 January 2006, member secretary at the SWC, Sharad Sharma, said the interim order of the Supreme Court was automatically stood lifted as the Ministry for Women, Children and Social Welfare and the SWC submitted written reply to the SC.556

The Social Welfare Council (SWC) also questioned the representatives and staffers of four International Non-Government Organisations (INGO) on "irregularities" in the financial sector and for "flouting" their agreement with SWC. According to Sharad Sharma, member secretary at SWC, four INGOs - Netherlands Leprosy Relief, I to I- UK, Rose Club-Korea and Stichting Veldwerk, Netherlands - have been warned to work as per the agreement they had made with the SWC.557

The Social Welfare Council (SWC) reportedly started posting supporters of the February 1 Royal move as "consultants" to Non-Governmental Organizations (NGOs).558

Arrests and intimidation

Following royal takeover and imposition of emergency, human rights defenders were arbitrarily arrested and threatened. A large number of human rights defenders have fled to India and many went into hiding fearing arrest and detention.

On 8 February 2005 at 10 pm, Sukharam Maharjan, Vice President of HURON Kirtipur Chapter and resident of Kirtipur municipality ward no 6, Kathmandu district was taken away by 5 security personnel in civil dress from his residence. Three persons, who identified themselves as security personnel, came inside the house, as other two stood outside. After asking his identity, they took him away without explaining the reasons for his arrest.559

On 9 February 2005, Krishna Pahadi of Society of Human Rights and Peace, Kathmandu was arrested by the security forces. On 10 May 2005, the government served an additional threemonth detention order to Pahadi.560 He was later released on 4 July 2005.

On 10 February 2005, 11 human rights activists including Suresh Chandra Pokharel, vice president of Human Rights and Peace Society (HURPES), its treasurer Balaram Aryal, HURPES members Narayan Dutta Kandel, Laxmi Acharya, Suman Shrestha, Jayram Basnet, Jivlal Kharel, Laxman Acharya, Hiralal Acharya, Balram Neupane and representative of the Human Development and Peace Campaign, Basudev Devkota were arrested by the security forces from Kathmandu on the charge of protesting against the royal proclamation. They were released on 14 February 2005.561

On 17 February 2005, Gauri Pradhan, a renowned human rights activist and founder president of Child Workers in Nepal Concerned Centre (CWIN), was arrested by the police without any reason upon his arrival at Tribhuvan International Airport, Kathmandu. Pradhan was reportedly returning home after taking part in meetings related to child rights held in the Netherlands and Geneva.562 He was released on 28 February 2005 following a Supreme Court order.

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On 7 June 2005, Kathmandu District Administration ordered president of Nepal Bar Association, Shambu Thapa to clarify within three days as to why he had taken out a protest rally in the restricted areas of Putalisadak and Bagbazar on the morning of 4 June 2005.563

On 25 July 2005, 27 human rights activists, journalists and members of civil society groups, including Krishna Pahadi, Padma Ratna Tuladhar, Malla K Sundar and journalists - Kanak Mani Dixit, Shyam Shrestha, Sanjay Santoshi Rai and Purna Basnet were arrested from Bhotahity-Ratna Park intersection for demanding restoration of democracy.564 They were released later.

Denial of freedom of movement

The government has also been restricting the movement of human rights defenders. On 24 February 2005, security officials at the immigration department in Kathmandu did not allow Dr. Om Gurung, general secretary of the Nepal Federation of Indigenous Nationalities to fly to Kolkata from Tribhuvan International Airport. Dr. Gurung was scheduled to participate in regional preparatory meetings of the 4th session of the United Nations Permanent Forum on Indigenous Issues being held in India. Gurung was leading a 25-member delegation representing about 25 organisations of indigenous communities in Nepal. All delegates had to cancel their flights due to the uncalled-for action of the security forces.565

On 26 February 2005, human rights defender Subodh Raj Pyakurel, Chairperson of Informal Sector Service Center (INSEC) was prevented from traveling to Nepalgunj, where he was supposed to conduct a training workshop on humanitarian laws for security persons located in the Mid-Western Development Region. This is despite the fact that it was the security forces who requested to hold the training workshop.

On 3 March 2005, former Speaker and member of the 1990 Constitution Drafting Committee, Daman Nath Dhungana moved the Supreme Court questioning the legality of travel restriction imposed on him by the authorities. The Supreme Court administration, however, rejected the petition citing the suspension of Article 23 that guarantees right to constitutional remedy in the ongoing State of Emergency. Senior Advocate himself, Dhungana was scheduled to leave for the United States on March 8 to deliver a guest lecture at a university based in California.566

On 10 March 2005, security personnel at the Tribhuvan International Airport once again barred former Speaker and prominent human rights activist Daman Nath Dhungana from boarding a flight for USA. Dhungana had been invited by the University of California- Berkeley to speak on "Democracy, Maoist insurgency and Constitutional Solution" pertaining to the present political crisis in Nepal on 12 March 2005.567

On 7 May 2005, security personnel barred Srijana Pokhrel affiliated to Population Watch along with Deputy Speaker, Chitra Lekha Yadav and former lawmaker Urmila Aryal from flying to Delhi. They were on their way to take part in a regional workshop in Delhi.568

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In August 2005, the security forces barred human rights activists and journalists from visiting Pili, Kalikot district, where at least 43 army men and more than two dozen Maoists were killed in a clash. This is despite the fact that the army headquarters in Kathmandu had written to the human right groups requesting them to visit the clash site and also help release the army personnel captured by the Maoist cadres.569

On 11 November 2005, police arrested five people in Rajbiraj of Saptari district for trying to burn the copies of NGOs and INGOs Code of Conduct. The arrested persons were central members of Non-Governmental Organization (NGO) Federation Nepal, Durga Kumar Thapa and Bhagwati Chaudhary, NGO activists Sameer Jha and Jangali Singh and journalist Prakash Khatiwada.570

On 10 December 2005, police arrested over 100 people including rights activists, political supporters and students for protesting in a restricted area at Bhotahity demanding restoration of fundamental rights and democracy. Among the arrested included prominent human rights activists Krishna Pahadi, Subodh Pyakurel and Gauri Pradhan, former president of Federation of Nepalese Journalists (FNJ) Taranath Dahal, coordinator of CMDP Devendra Raj Pandey, student leaders Khimlal Bhattarai and Thakur Gaire. All the detained protestors were later released.571

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XII. Condition of prisoners/ detainees

The prison conditions in Nepal have further deteriorated as the International Committee of the Red Cross (ICRC) was forced to suspend its visits to the detention centres since May 2005 after the RNA allegedly failed to abide by the terms of an agreement with ICRC with regard to worldwide working modalities.572 Only the National Human Rights Commission is being allowed to visit the prisons. The question arises as to why NHRC and not the ICRC, is allowed to visit the places of detention centre. This is despite the fact that International Committee of the Red Cross as a matter of principle does not make its findings public. Obviously, NHRC had no such moral qualms and accepted the conditions of the RNA including the condition not to make cases of illegal detention public.573 Until January 2006, ICRC's has not resumed its visit to the prisons and detention centres as the RNA refuse to comply with ICRC's international standards on working modalities.

The prison cells and detention centers in Nepal are devoid of basic sanitation and healthcare such as proper ventilations, adequate food, safe drinking water, toilet etc, and the prisoners are denied access to medical treatment, radio, newspapers,574 family members and lawyers. The prisons and detention centers were so overcrowded that there was no space to sleep. On 17 June 2005, NHRC accused the government of not implementing its recommendations, including reforms in the detention centres, although there is a legal provision to execute its recommendations within the given time frame.575

Following the arrest of pro-democracy activists after the royal coup, in Morang jail, there were reportedly as many as 611 prisoners against its total capacity of 200 inmates. At least 80 prisoners were made to sleep in one room, which lacked proper ventilation. According to former parliamentarian Lal Babu Pandit, who was detained in Morang jail for sixteen days following the royal takeover, his cell in Morang jail was so overcrowded that one had to wait for a turn to stand up. The inmates had to wait for at least two hours in queue to get their turn to take bath or to go to the toilet! In Prasi jail, the inmates had to sleep by turn due to lack of space.576 In Kharipati Electricity Training Center in Bhaktapur, there was reportedly no sufficient space for the inmates to sleep, and there was only one toilet to be used by 60 detainees including females!577

In a detention center at Kakani, nine people had to share a single toilet and they are forced to drink water, directly extracted from underground sources. Many detainees fell sick due to congestion and unhygienic conditions.578 Political detainees were denied good quality food. Dozens of political activists detained at the Mahendra Police Club went on hunger strike in March 2005 demanding hygienic food.579

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On the night of 5 May 2005, Nepali Congress Rajbiraj district president Ram Kumar Chaudhary, and party workers - Brij Kirshore, Umesh Mishara, Bikeshwar Yadav and Shusil Seva were allegedly beaten up by the security personnel in the Rajbiraj jail for demanding facilities, including proper medical treatment.580

No proper medical treatment was provided to the ailing inmates. Despite suffering from kidney problems, severe back pain and losing sensation in some parts of his body, Vice Chairman of the People's Front Nepal (PFN) Lila Mani Pokharel was denied treatment, even on the family's own expenses. Instead, the police allegedly threatened to lock up Mr Pokhrel in the prison toilet.581

Nepali Congress central committee leader Ram Chandra Poudel was shifted to the Western Regional Hospital in Pokhara only when his condition had seriously deteriorated. But on 12 May 2005, he was brought back to Damauli prior to his complete treatment and was kept in Agriculture Apparatus Company's godown, instead of shifting him to a better hospital. At the Agriculture Apparatus Company's godown he was denied radio and bed facilities.582 Ram Chandra Poudel was released on 28 June 2005 on the orders of the Supreme Court after 147 days under preventive detention.583 Another prisoner Bimalendra Nidhi also alleged denial of medical treatment at No 1 battalion of the Armed Police Force.584

Journalist Mahesh Pahari, 32 years, died on the night of 4 October 2005 allegedly due to lack of treatment while being detained in Pokhara jail. He had been suffering from tuberculosis since the last one-and-a-half month but the authorities refused to allow him to be taken to Kathmandu for treatment despite of a recommendation by the regional hospital in Pokhara.585

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XIII. Internally displaced persons

Around 100,000 to 200,000 people have reportedly been internally displaced due to conflict with the Maoists since 1996. In addition, over two million people have reportedly fled to India and elsewhere.586 There was only one small camp for the entire IDP population, known as Regina camp located near the town of Nepalganj in western Nepal587 with around 200 families.588

The IDPs are both Maoist-induced and State-induced. But the little assistance provided by the government has been restricted to the Maoist-induced IDPs. The government does not recognize IDPs displaced by the security forces.

The IDPs have fled their villages for a variety of reasons. A majority among the IDPs are cadres of mainstream political parities such United Marxist-Leninists (UML), Nepali Congress (NC) and Rastriya Prajatantra Party (RPP) whose political ideology and opinion are different from that of the Maoists. A large number of civilians have been displaced due to fear of being forcibly recruited into the CPN-Maoists under their "one person from each household" policy, torture, abduction, killings, destruction of homes and properties, threats, confiscation of land, extortion and looting by the Maoists, and torture, arbitrary arrests and killing by the security forces.589 Thousands have also been displaced due to economic hardships, including food scarcity and unemployment.

In Nepal, only those persons who have been internally displaced as a result of developmental projects, economic opportunities and natural or man-made calamities are recognized as IDPs under the 1990 Constitution of Nepal and the 1995 Civil Acts Law. There is no legal rights of conflict induced IDPs. The government practices a flawed mechanism for classification and registration of IDPs. To be classified as an IDP, one has to return to the place of origin to be registered as an IDP at the office of the Chief District Officer. This process makes the IDPs vulnerable from the Maoists and even the security forces, and therefore, many refuse to identify themselves as IDPs.590

The government's assistance to IDPs has been very limited. The government set up compensation and resettlement funds for victims of the conflict, such as the Victims of Conflict Fund under which IDP families were entitled to an equivalent of US$1.30 per day, but most of the money was spent by July 2002. All those displaced after July 2002 were therefore excluded from assistance and official recognition. Moreover, the government provided assistance to only the people displaced by the Maoists, and not to those displaced by the government security forces.591

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Instead of proving humanitarian assistance, in 2005, the government dealt violently with the conflict induced IDPs.

On 15 May 2005, police used force to disrupt the "peaceful sit-in" programme of the Maoist victims and arrested over 200 of them, including "sick women and children" from in front of the Singha Durbar and areas around it. The Maoist victims have been demanding that they be provided with the status of internal refugees. The police allegedly forcibly dragged the protestors into police vans.592 All the arrested Maoist victims, including chairman of the Maoist Victims Association, Upendra Aryal were released later on the same day.593

On 26 May 2005, security personnel arrested over 150 Maoist victims, including women and children, in the capital from a protest rally demanding food and shelter. Over 40 protesters, including a small child, were seriously injured in the police lathi charge.594

On 29 May 2005, plainclothes policemen arrested dozens of Maoist victims, including women and children from a protest program in Kathmandu. They were beaten up and dragged on the road into police vans.595

On 4 June 2005, a Maoist victim identified as Dal Bahadur Gharti, 33, died of injuries he sustained in police action t a protest programme organized by the Maoist Victims Association (MVA) on 3 June 2005.596

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XIV. Increased risks for the Tibetan refugees

There are about 20,000 Tibetan refugees in Nepal.597 It is estimated that 2,500 to 3,000 Tibetan refugees enter Nepal every year after a dangerous journey through the Himalayan passes from the Chinese Autonomous Region of Tibet.598

In the second periodic report to the Committee Against Torture, the government of Nepal stated, "Nepal is also providing safe passage to those who are found to be asylum-seekers" and "HMG/N has pursued the policy that it will not expel, return or extradite any person to another State where there are substantial grounds for believing that he/she would be in danger of being subjected to torture". These statements are simply false as the Tibetan refugees have been consistently refouled. The risk of the Tibetan refugees further increased because of the support of the government of China to the royal takeover by King Gyanendra. In the light of limited arms embargo imposed by India, the United States and European Union following the Royal takeover, the government of China agreed to provide arms supply of about US$ 1 million during the visit of Royal Nepal Army Chief, Pyar Jung Thapa in October 2005.599

On 21 January 2005, the government of Nepal shut down the Tibetan Refugee Welfare Office, without taking into consideration the fate of thousands of Tibetan refugees. The Tibetan Refugee Welfare Office has been helping to ensure the safety and well-being of Tibetans refugees. According to Human Rights Watch, the Tibetan Refugee Welfare Office sheltered some 1,000 Tibetan refugees at the time of its forcible closure.600

The government issued the notice of closure on the ground that the office was not properly registered under Nepali law. But, Nepali law does not give refugees/asylum seekers in Nepal the right to register associations or institutions in their name. This arbitrary closure order also it made difficult for the United Nations High Commissioner for Refugees, which has worked closely with the Tibetan Refugee Welfare office, to provide protection to the Tibetan asylum seekers in Nepal.601 This has heightened the risk of the Tibetan refugees.

On 24 September 2005, a Tibetan exile returnee, Norbu Tsering, was arrested at the Nepal- Tibet border while on his way back to his native village in Kyidong (Ch: Jilong Xian) County, Shigatse Prefecture, Tibet Autonomous Region. On 28 September 2005, he was handed over

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to the Nepalese Immigration Department, which imposed a monetary penalty of Nepalese Rupees 28,651. Failing to pay the monetary penalty, Norbu Tsering was sentenced to three years and three months imprisonment in Dilli Bazaar Jail, Kathmandu.602

On 9 October 2005, a Tibetan refugee identified as Sonam Tsering was sentenced to three years imprisonment in Dilli Bazaar Jail in Kathmandu after he was arrested by the Nepalese police from Swayambunath area in Kathmandu on the night of 7 October 2005. He was holding "Tong Xin Zhang", a travel permit which allows one to travel till the border. He was handed over to the Immigration Department of the Nepalese Home Ministry. The Immigration Department imposed a monetary penalty of Nepalese Rupees 27,000/- (approximately USD 375) or an imprisonment term of three years. Since Sonam failed to pay the penalty, he was sent to jail. He has been under imminent threat of being deported to China.603 On 27 November 2005, 18 Tibetans, including two women, were reportedly arrested by the Nepal Police in Bara district after they crossed into Nepal through Solukhumbu from China without legal documents.604 They were sent to the Central Jail in Kathmandu the next day as they failed to pay the fines. They were freed on 8 December 2005 after the Tibetan government-in-exile in India and Tibetan Reception Centre (TRC), a Kathmandu-based nongovernmental organization, paid Rs 8500 (US$121) on behalf of each 18 Tibetans and were immediately handed over to the Immigration Department. Another four Tibetans were held by the police separately in November 2005. They were later released after paying fines of Rs 18,700 (US$267).605

It was feared that the Tibetan refugees who have been jailed for failing to pay fines might be handed over to the Chinese authorities on completion of their jail sentences.

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XV. The World Bank: National education vs Peoples' education

The United Nations Committee on the Rights of the Child in its Concluding Observations in September 2005 expressed concerns "at the large-scale bombing, destruction and closing of schools by Maoist insurgents, which are violations of the fundamental rights to education of children". The Committee noted that the climate of fear, insecurity and impunity resulting from the armed conflict and the states of emergency, declared in 2000 and 2004, have had a seriously negative physical and psychological impact on the sound development of children in the State party.606

Only if the World Bank (WB) which granted $60 million for a five-year higher education reformation project607 read the Concluding Observations of the UN Committee on the Rights of the Child. The Committee on the Rights of the Child also expressed serious concerns that "primary education has not been made compulsory and that the target set by the State party to achieve universal primary education by 2000 was never met and has been extended to 2015".

Under the World Bank grant, $12 million will be used for 10+2. Out of the $48 million meant for higher education, $30 million will be used for decentralisation, to provide autonomy to Tribhuvan University campuses, provide block grants to smaller universities, and funds to public campuses on condition that they be transparent and accountable. About $6 million will be used for research, PHD and MPhil courses, and $8 million for student grants and loans. The remaining $4 million will be used to strengthen the University Grants Commission. Does the government of Nepal have the capacity to utilize funds for 10+2, which basically means the High Secondary schools" The education system in Nepal has been paralysed as the government in one hand and the Maoists and its affiliated All Nepal National Independent Students' Union- Revolutionary (ANNFSU-R) have been trying to take over control of the schools to spread nationalist education and peoples' education respectively. The school authorities have been caught between the devil and the deep blue sea. Under such circumstances, how effective could be the World Bank's reform programme. The CPN-Maoists have deprived thousands of school students their right to education by continued abduction of students and teachers, killings, threats, bombings of school buildings and forcible closure of educational institutions. According to Child Workers Network of Nepal, around 13,723 children were abducted along with teachers during January - September 2005.608 The security forces have also been forcibly using educational institutions as military camps and the first target against the pro-democracy movements are the college and university

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campuses.

The following incidents of the Maoists in 2005 highlight what conceptually ails with the World Bank's programme, not to mention about the problems in its implementation. a. Abduction of students and teachers Thousands of students have been kidnapped in Nepal by the Maoists either for recruitment or ideological indoctrination. There have been regular reports of abductions of innocent civilians including students.

On 27 February 2005, the Maoists reportedly freed more than 250 students and teachers of Thumdevi Secondary School of Deurali VDC, who were abducted on 24 February 2005.609

On 2 April 2005, Maoist cadres reportedly abducted Begam Bahadur KC, head teacher of Janata Secondary School at Bagdula in Pyuthan district.610

On 5 April 2005, armed Maoist cadres reportedly abducted over 100 students, who had completed their School Leaving Certificate examination in the morning of the same day from Barbote and Sukumbe villages in Ilam district.611

During the first half of May 2005, Maoists reportedly abducted nearly 500 students from various parts of Palpa, Tanahun, Baglung and Salyan districts.612

On 17 May 2005, Maoists abducted a former official of Kaski District Education Office Balraj Paudel and a schoolteacher Tirtha Neupane of Jateshwor Middle School from their residences.613

On 19 May 2005, Maoist cadres abducted 150 people, including students, teachers and villagers from Kosikot, Bindabasini, Channagada and Hutikot VDCs of Achham district.614

On 20 May 2005, Maoists abducted seven teachers of Kirateshwor Secondary School at Chulachuli VDC in Ilam district.615

On 21 May 2005, Maoists cadres abducted 11 students of Kalika Higher Secondary School from Bharat Pokari VDC when they were returning from school. They were released on 30 June 2005.616

On 23 May 2005, Maoists cadres abducted schoolteacher, Narendra Karki from his residence at Ranigaon-4 of Panchthar district.617

On 25 May 2005, NHRC appealed to the Maoists to immediately release the school students abducted by them including 11 ninth and tenth graders of Kalika Secondary School in Bharatpokhari VDC-2 in Kaski district abducted on 23 May 2005, six students from a school in the Siddheshwor area in Gulmi district abducted two weeks earlier.618 On the same day,

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Maoists reportedly abducted Upendra Prasad Nepal from Patlepani in Bhojpur district, where he was working as resource person under District Education Office, Bhojpur.619 On 26 May 2005, Maoists reportedly abducted students from seventh to tenth grades and teachers from Siddheshwor Secondary School in Phattepur area of Banke district.620

On 22 June 2005, Maoists abducted 90 students from Nepal Rashtriya Secondary School at Pudiamarahi village of Gulmi district.621 All of them were freed on 27 June 2005.622

On 2 October 2005, Maoists abducted around 300 civilians, including students, teachers and farmers, from Bharapa, Subhang, Panchami, Tharpu, Yoyang and Nagi VDCs of Panchthar district reportedly for participation in an area-level training.623 On 5 October 2005, Maoists freed over 500 students and teachers abducted earlier from Panchthar and Taplejung districts.624

On 2 October 2005, Maoists abducted around 300 civilians, including students, teachers and farmers, from Bharapa, Subhang, Panchami, Tharpu, Yoyang and Nagi VDCs of Panchthar district reportedly for participation in an area-level training.625 On 5 October 2005, Maoists freed over 500 students and teachers abducted earlier from Panchthar and Taplejung districts.626

On 15 November 2005, Maoists abducted respectively 35 students and a teacher from Sitaram Secondary School in Yanjakot in Kaski district, and 20 students and one teacher from Dhruba Secondary School of Tarkang in Thumakodanda VDC in the same district.627 Most schools in Thumakodanda and adjoining areas have shut down due to fear.628 They were reportedly freed on 17 November 2005 after forcing them to take part in a district-level conference of the Maoist-affiliated All- Nepal Free Students' Union- (ANNISU-R) in Taparang, Kaski.629

On 15 November 2005, Maoists kidnapped 560 students and teachers from the school premises at Dhungesanghu, Change, Hangpang, Phoolbari and Nighuradin VDCs in Taplejung district. The kidnappings have severely affected the functioning of the schools.630

On 20 November 2005, Maoists reportedly abducted 125 students from several schools at Sirsha area in Dadeldhura district and five teachers from Deurali of Kaski district.631 On 30 November 2005 at 10 am, Maoists abducted 14 teachers of Rastriya Secondary School and Subhadra Primary School from western Phakfok VDC in Ilam district. Locals said the Maoists took them away for "training". Educational activities in the schools have been hampered following the abduction of all the teachers.632

b. Forcible closure of educational institutions

Hundreds of thousands of students in Nepal have been affected by "educational strikes"

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imposed by the CPN-Maoists and ANNFSU-R.

In February 2005, the Maoists imposed an indefinite educational bandh in Bardiya and Chitwan districts. A total of 371 schools have been closed in Bardiya district following the Maoist threats. The Maoists have reportedly instructed the teachers and students to boycott classes until further notice. The Maoists' diktat came a month before the School Leaving Certificate examinations and over 100,000 students in Bardiya district have been affected. In Chitwan district, over 70,000 students belonging to 240 schools (private and public) have been affected by the Maoists' educational bandh. The Maoists reportedly abducted over 200 students and teachers from Bhumadevi Secondary School at Deurali VDC in Nuwakot district.633

On 13 May 2005, ANNFSU-R forcibly closed down schools and colleges across the country in protest against "repressive" action of the government to oust the ANNFSU from Ratoghar.634 In May 2005, Maoists also closed all private schools in Ilam district.635 Over 25,000 students were affected when over 225 community schools in Ilam district remained shut for days since July 2005 due to warnings from the Maoists.636 More than 150,000 students had been affected after ANNISU-R forced all educational institutions, including 120 private schools, to close down in Chitwan district from 21 August 2005.637 Some 5,000 students were also affected due to closure of all the private and government schools in Udayapur district for days since 11 August 2005.638 At least 100 community schools of Jhapa district had remained closed since 22 August 2005 due to threats from ANNISU-R.639

On 17 September 2005, ANNISU-R issued fresh directives asking the community- managed schools to hand over their management back to the government within 21 October 2005.640

In early October 2005, over 50 out of 190 community-run schools were shut down following threats from ANNISU-R in Morang district. Over 25,000 students were reportedly affected.641 In early November 2005, the Maoist cadres forcefully shut down schools in Banepa in Kavre district, 60 km east of Kathmandu, depriving over 10,000 students their right to schooling.

The Maoists reportedly opposed government's policy under which it handed over management of these schools to the local community under its programme of running schools by public participation.642

On 13 November 2005, ANNISU-R issued a notice asking all government schools in Dharan to shut down for four days in protest against the government's decision to hand over schools to communities. The revolutionary students reportedly threatened school authorities of dire consequences if they failed to comply with the shutdown directive. Around 25,000 pupils studying in 20 government schools in Dharan have been affected by the closure. According to teachers, the shutdown would affect the forthcoming last terminal examinations in schools.643

In Pyuthan district, ANNISU-R activists seized examination question papers for the Naitik (Moral Education) subject for grades six, seven and eight from a store belonging to the

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examination committee at Bagdula, ahead of the examination scheduled to start from 15 November 2005. Student wing of Maoists ANNISU-R claimed that the papers were seized as per the central level policy of the organization. ANNISU-R has been maintaining that the moral education subject is "nothing but mere glorification of the royal family".644

Students at Bangesal VDC in Pyuthan district reportedly could not appear for the half-yearly examinations that started on 16 November 2005 after the Maoist affiliated ANNISU-R padlocked schools in the district.645

In November 2005, ANNISU-R also locked up Surodaya Secondary School in Damak saying the school was being run by foreigners, and the school have remained close for the last two months following threats from the ANNISU-R activists. The closure has adversely affected over 1100 students of the school and particularly the 81 candidates who were scheduled to take their upcoming School Leaving Certificate (SLC) examinations. No classes were held in the school. The ANNISU-R reportedly refused to lift the closure of Suryodaya school even after appeal by the Office of High Commission for Human Rights not to deprive the students their right to education.646

In November 2005, ANNISU-R also shut down over two dozen schools in Tehrathum and Dailekh districts and vowed not to allow re-opening of the schools until the government annuls the agreement reached with the schools to hand over their management to local communities. Of the 239 schools in the district, 71 were handed over to the community so far. The cadres also threatened to shut down other community schools if the government failed to comply with their demand.647

On 21 November 2005, Maoists reportedly forced students and teachers across Darchula district in far western region to go to the district headquarters to participate in a "peace campaign" of the Maoists. The Maoists closed the schools in various parts of the district, and made participation in the campaign mandatory for students from grades six to ten, all teachers (including female) and members of school management committees. Due to this, half-yearly examinations that started from 21 November 2005 have been disrupted.648

On 6 December 2005, ANNISU-R locked out Harihar Higher Secondary School in Pokharathok VDC in Arghakhanchi.649

On 7 December 2005, the Maoists cadres reportedly locked a community school, Bhadaure Primary School, at Kathjor VDC-2 in the same district in protest against the management transfer of the school to the community. At least 300 students, who were preparing for second terminal examination, were affected due to the lockout.650

The Maoist affiliated All Nepal National Teachers' Organization (ANNTO) called a closure of schools at Ramechhap district from 11 December 2005 to 15 December 2005 putting forth various demands. Around 50,000 students of 400 schools have been directly affected by the closure. The District Examination Committee postponed the quarterly examinations till 15

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December 2005 due to the closure.651

On 11 December 2005, the school management committees of all 23 schools in Dolakha district reportedly jointly decided to hand over the managements back to the government following a Maoist threat. The Maoists had been padlocking 20 community schools in the district since 23 Nov 2005 to force the schools to hand their management back to the government.652

On 11 December 2005, ANNTO called indefinite closure of over 500 schools in Dhading district. The ANNTO demanded that the temporary teachers be posted permanently and annulment of teaching license provision as preconditions to lift the shutdown. Thousands of students in the district have been affected as all the schools continued to remain shut as on 13 December 2005.653

On 11 December 2005, Maoists forcefully locked a higher secondary school in Bhaluwai area in Sindhuli district.654

As of 16 December 2005, some 150 children had been deprived of primary education after Maoists padlocked six child development centers (CDC) for the last three months in the rural areas of Rupendehi district. Gyankunj, Budhajyoti, Udaya, Jhutthur, Dishanirdesh and Santideep CDCs from Amawa, Manmatoriya and Khadgavan VDCs of the district have been padlocked by the cadres.655

Maoists have also padlocked administrative department of five schools in Saptari district - Sitapur School, Martigadhi Hariharpur School, Dighwa School, proposed Dharampur School and Rastriya Primary School, Mohanpur. The Maoists Area no. 1 in-charge of Saptari, Pradeep reportedly said that they have padlocked the schools' administrations and put forward different demands including transfer of school management from the community to the government, dismissal of resource centres among others.656

c. Attacks on educational institutions

The Maoists also disrupted studies by bombing or setting afire the school buildings and terrorizing the students and teachers.

On 14 February 2005, suspected Maoists bombed six schools - Ratmata Secondary School, Solawang Secondary School, Kailideu Lower Secondary School, Thurpunge Lower Secondary School, Dangdunge Primary School and Garadhunga Primary School in Musikot, the district headquarters of Rukum. Some 50 candidates for the School Leaving Certificate (SLC) exams were immediate victims of the attacks.657

On 20 February 2005, alleged Maoists detonated explosives in several schools including Mahendra High School, Modern Public School, Mangal Secondary School, Chandra Mewalal Secondary School and Bheri Technical School.658

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At around 11.30 pm on 10 March 2005, alleged Maoists cadres detonated a powerful bomb at the proposed Mahendranagar Medical College in Khairbhatti. Before exploding the bomb, hundreds of Maoists coming in a tractor had encircled the college from all sides. The Maoists also looted various medical equipments worth millions of rupees including microscopes, refrigerators and fans from the college before triggering the explosion.659 On 2 April 2005, suspected Maoists exploded a bomb at the Dipendra Police Boarding School at Guleriya in Dang district, causing heavy damage. The school was serving as an examination center for students taking School Leaving Certificate examination.660

On 1 May 2005, alleged Maoists bombed Sun Shine Boarding School in Siddharthnagar in Rupandehi district and heavily damaged the school building.661

On 2 May 2005, Lakshmi Adarsha Higher Secondary School was set afire at Sishuwa, Lekhnath-7 in Kaski district, damaging the library and laboratory sections of the school.662

On 27 May 2005, the Maoist cadres bombed a school building at Srijanachowk in Kaski district, damaging school properties.663

On 9 June 2005, two classrooms of Deepshikha Boarding School in Dang suffered damages in an explosion allegedly triggered by the Maoists.664

On 16 June 2005, Maoist cadres exploded bombs at two private schools in Myagdi - Lokdeep Residential Secondary School at Mangalaghat and New Best Point Higher Secondary School at Kalipur - causing heavy damages to the buildings.665

On 22 June 2005, suspected Maoists exploded a small bomb at the premises of Nobel Academy, a private school at New Baneshwore in Kathmandu.666

On 25 June 2005, M M Academy, the only private boarding school in Khalanga, the district headquarters of Salyan was bombed by Maoists for refusing to follow its diktat.667

While international agencies must continue to provide access to basic services, they must also the ground realities into consideration. The World Bank has decided to extend support for higher education to the government of Nepal when primary and secondary educational systems have virtually collapsed.

87

Endnotes

  1. Municipal polls on Feb 8, The Kathmandu Post, 10 October 2005
  2. King seeks polls by mid-2007, The Statesman, India, 13 October 2005
  3. Gyanendra seeks 100 days for results, The Deccan Herald, 12 February 2005
  4. Give me 3 years: Gyanendra, The Times of India, 26 February 2005
  5. Police defer diffusing bomb to arrest journos, Nepal News.com, 13 June 2005
  6. Vice-Chairman Giri in blacklist, Kantipur Online, 11 June 2005
  7. Giri received Rs 910,000 to renovate kitchen, The Kathmandu Post, 22 June 2005
  8. Fertilizer mafia�s smuggling plan jolted, The Kathmandu Post, 15 September 2005
  9. http://209.41.191.254/cnn.cfm?id=193323&category=Politics&Country=NEPAL
  10. Kapilvastu monitoring committee chairman killed, Nepal News.com, 2 May 2005
  11. Cadres kill another govt appointee, The Kathmandu Post, 10 May 2005
  12. Britain suspends military aid to Nepal, The Kantipuronline, 23 February 2005
  13. India, UK suspend military aid to Nepal, The Tribune, 23 February 2005
  14. "Indian non-lethal military aid arrives", The Kathmandu Post, 6 July 2005
  15. Military aid to Nepal may be cut: US, The Times of India, 18 February 2005
  16. India freezes military assistance to Nepal, The Hindustan Times, 22 February 2005
  17. . http://www.worldpolicy.org/projects/arms/reports/wawjune2005.html#9
  18. China grants Rs 72 million as military aid to Nepal, Nepal News.com, 25 October 2005
  19. China grants Rs 72 million as military aid to Nepal, Nepal News.com, 25 October 2005
  20. China arms RNA, Kantipur Online, 25 November 2005
  21. Denmark no to finance development plans here, The Himalayan Times, 17 February 2005
  22. SDC suspends projects due to security reasons, The Nepal News, 23 February 2005
  23. UK cancels �2.4m aid, The Himalayan Times, 19 March 2005
  24. http://www.np.emb-japan.go.jp/oda/ann.html
  25. Indian grant to Banke school, The Kathamndu Post, 19 April 2005
  26. India grants 29m for school in Rautahat, Nepal News.com, 19 April 2005
  27. India provides Rs 6m to water project, The Kathmandu Post, 26 April 2005 NEPAL: ONE YEAR OF ROYAL ANARCHY 88
  28. 20m Indian assistance, The Kathmandu Post, 14 April 2005
  29. Rs 12.8m Indian grant for school construction, The Kathmandu Post, 17 May 2005
  30. Indian aid for Fatehpur-Kunauli road, Nepal News.com, 23 June 2005
  31. IMF may follow suit WB to suspend $ 70m aid, The Kathmandu Post, 26 February 2005
  32. World Bank provides Rs.2.25 billion grant, Kantipur Online, 26 May 2005
  33. WB to grant $60 million for education project, The Himalayan Times, 1 July 2005
  34. WB provides $320m grant for rural roads, bridges, Nepal News.com, 22 August 2005
  35. UNDP provides over $13m grant, Nepal News.com, 1 September 2005
  36. WB to grant $60 million for education project, The Himalayan Times, 1 July 2005
  37. http://www.cwin.org.np/press_room/factsheet/fact_cic.htm
  38. US puts off RNA training, The Kathmandu Post, 6 April 2005
  39. CRC/C/15/Add.261 of 21 September 2005
  40. http://www.unhchr.ch/huricane/huricane.nsf/NewsRoom?OpenFrameSet
  41. CAT/C/33/Add.6 of 14 January 2005
  42. CAT/C/NPL/CO/2 of 15 December 2005
  43. A/68/359 of 16 September 2005
  44. Killings down, abductions up: INSEC, Kantipur Online, 6 October 2005
  45. Truce shot to pieces, 8 Maoists killed, The Himalayan Times, 26 September 2005
  46. RNA attack in Bahadurpur unprovoked: locals, The Kathmandu Post, 30 September 2005
  47. Fact finding mission dismisses RNA claims, Kantipur Online, 3 October 2005
  48. Forces kill 4 Maoists, The Kathmandu Post, 16 October 2005
  49. Killed Maoists were unarmed say locals, Kantipur Online, 17 October 2005
  50. HR violated in Belbari, Bahadurpur: OHCHR, The Kathmandu Post, 22 October 2005
  51. Nepal: End of the anachronistic monarchy? Eggs in the China basket, Asian Centre for Human Rights, 14 December 2005
  52. India does a U-turn on arms supply to Nepal, delivery soon, The Hindu, 24 April 2005
  53. Arms supplies to Nepal: UK, India to act jointly, The Himalayan Times, 6 October 2005
  54. Statement of Donald Camp, Deputy Assistant Secretary of State before the U.S. House of Representatives Committee on International Relations in Washington D. C. on 2 March 2005.
  55. King lifts curbs on meetings, The Economic Times, 8 February 2005
  56. Govt. bars formation of civil servant unions, Kantipur Online, 19 July 2005
  57. Govt bans public gatherings in Kathmandu, Lalitpur http://www.kantipuronline.com/ kolnews.php?&nid=62815 NEPAL: ONE YEAR OF ROYAL ANARCHY 89
  58. Govt ban on rallies curtails constitutional rights: NHRC, Nepal News.com, 18 January 2006
  59. RCCC sends Deuba, Singh to jail, The Himalayan Times, 1 June 2005
  60. Two-year jail, fine for Deuba, Singh, The Himalayan Times, 27 July 2005
  61. RCCC's actions unjust: NHRC, The Kathmandu Post, 5 August 2005
  62. Supreme Court issues show cause notice to RCCC, Nepal News, 18 September 2005
  63. RCCC tells SC: It's political, keep off, The Himalayan Times, 27 September 2005
  64. Court can't examine the royal order: RCCC, Nepal News.com, 8 September 2005
  65. The US State Department�s Country Report on Human Rights Practices 2004, http://www.state.gov/g/drl/rls/hrrpt/1999/440.htm
  66. TADO gets more stringent now on, The Kathmandu Post, 2 December 2005
  67. Arrested students charged under Public Offence Act, Kantipur Online, 16 July 2005
  68. KDAO extends student leaders� custody, Nepalnews.com, 25 July 2005
  69. SC frees student leaders, The Kathmandu Post, 10 August 2005
  70. http://www.ahrchk.net/ua/mainfile.php/2005/1161/
  71. Securitymen defy SC, re-arrest student leader, The Kathmandu Post, 23 June 2005
  72. Six students detained, Kantipur Online, 15 July 2005
  73. Student leader's detention term extended by 3 months, Kantipur Online, 12 June 2005
  74. 23 detained agitators jailed, The Himalayan Times, 20 June 2005
  75. Journo, protesters get arrest warrants, Nepal News.com, 11 April 2005
  76. Detention warrant against 3 UML cadres, The Kathmandu Post, 12 April 2005
  77. Deuba barred from meeting detained leaders, Kantipur Online, 13 April 2005
  78. Pokharel in custody, The Kathmandu Post, 17 December 2005
  79. Women Protesters Accuse Cops of Sexual Molestation, The Himalayan Times, 22 September 2005
  80. OHCHR concerned over excessive use of police force, Kantipur Online, 20 September 2005
  81. Tear gas �injurious to health:� Doctors tell govt, Nepal News.com, 7 September 2005
  82. Innocent man tortured as Maoist, The Kathmandu Post, 26 July 2005
  83. Students clash with police, five injured, Nepalnews.com 1 August 2005
  84. Students clash with police, 22 injured, Nepalnews.com, 8 August 2005
  85. Students' blackout, 26 arrested, The Kathmandu Post, 13 August 2005
  86. Over two dozen student activists detained, Nepalnews.com, 13 August 2005
  87. Police intervene in a cultural programme in Kathmandu, Nepalnews.com, 28 August 2005
  88. Police open fire at agitating students in Rajbiraj, Nepalnews.com, 25 August 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY

    90

  89. 32 students arrested, 84 injured in clashes, The Kathmandu Post, 22 August 2005
  90. Parties stage protest rally; 150 arrested, dozens injured, Kantipur Online, 5 September 2005
  91. 99 protestors arrested, several injured, The Kathmandu Post, 8 September 2005
  92. 88 protestors arrested from New Road, The Kathmandu Post, 9 September 2005
  93. Police atrocity in detention, The Kathmandu Post, 15 September 2005
  94. Police rain batons inside hospital, The Kathmandu Post, 15 September 2005
  95. School children rendered unconscious, The Kathmandu Post, 15 September 2005
  96. 87 academics, 290 others arrested, The Kathmandu Post, 21 September 2005
  97. Soldiers manhandle locals, The Kathmandu Post, 3 October 2005
  98. http://www.usp.com.au/fpss/news.html
  99. "Ghimire tortured in custody", The Kathmandu Post, 2 November 2005
  100. Appeals for release, The Kathmandu Post, 11 November 2005
  101. http://www.kantipuronline.com/kolnews.php?&nid=56647
  102. Tipsy RNA men rough up Chhath revelers, The Himalayan Times, 9 November 2005
  103. NHRC team to probe army beating, The Kathmandu Post, 13 November 2005
  104. 194 inmates released, Nepal News.com, 9 November 2005
  105. 11 teachers arrested, The Himalayan Times, 10 November 2005
  106. Teachers released, The Kathmandu Post, 11 November 2005
  107. Government takes action against teachers, Nepal News.com, 11 November 2005
  108. http://www.kantipuronline.com/kolnews.php?&nid=56802
  109. Nine Injured, 11 Arrested During Protests, The Himalayan Times, 12 November 2005
  110. Armymen beat innocent, The Kathmandu Post, 13 December 2005
  111. 11 held for waving black flags at Pathak, The Himalayan Times, 20 December 2005
  112. Soldier shoots youth in Pokhara; RNA says it was an act of self defense, Nepal News.com, 25 December 2005
  113. Calculated from the figures given by INSEC and ACHR
  114. Calculation from INSEC and ACHR figures
  115. INSEC figures, http://www.inseconline.org/hrvdata/kill_data.php
  116. The Case for Intervention in Nepal, Asian Centre for Human Rights, 14 March 2005
  117. http://www.achrweb.org/reports/Nepal/Nepal-CAT-0405.pdf
  118. The Ugly Case: NHRC of Nepal, Asian Centre for Human Rights, 10 August 2005
  119. Civilian killed, 3 injured, The Kathmandu Post, 27 February 2005
  120. Army to probe killing of students, The Kathmandu Post, 1 April 2005 NEPAL: ONE YEAR OF ROYAL ANARCHY 91
  121. 2 civilians, Maoist killed, The Kathmandu Post, 16 April 2005
  122. 4 Maoists killed, The Kathmandu Post, 3 May 2005
  123. Rights panel says forces had killed a Maoist, The Himalayan Times, 28 May 2005
  124. Innocent shot dead: Locals, The Kathmandu Post, 16 June 2005
  125. Surrendered Maoist commit suicide in army cell, Kantipur Online, 28 June 2005
  126. Securitymen kill innocent civilian: Locals, The Kathmandu Post, 5 July 2005
  127. "After killing mother, they hid a gun...", The Kathmandu Post, 7 July 2005
  128. "Rama was summarily executed", The Kathmandu Post, 18 July 2005
  129. Army starts probe into Ghatandubba killing, The Kathmandu Post, 23 July 2005
  130. Security forces kill unconscious youth, The Kathmandu Post, 28 August 2005
  131. Securitymen kill detainee, The Kathmandu Post, 2 September 2005
  132. Innocent killed: Rights panel, The Himalayan Times, 2 September 2005
  133. Cadres shot dead after arrest: NHRC, The Kathmandu Post, 4 October 2005
  134. "Rebel killed under forces' control", The Kathmandu Post, 5 October 2005
  135. One youth killed in police action, Kantipur Online, 24 November 2005
  136. Dozen killed, 19 injured in Nagarkot shootout, Kantipur Online, 15 December 2005
  137. The unresolved gun question, Kantipur Online, 18 December 2005
  138. Ibid
  139. Ibid
  140. Thapa didn't commit suicide: Huron, The Himalayan Times, 18 December 2005
  141. Weak management of arms responsible for Nagarkot incident: Judicial Commission, Nepal News.com, 5 January 2006
  142. RNA panel submits report on Nagarkot incident, The Himalayan Times, 26 December 2005
  143. Maoist suspect dies in army barrack, The Kathmandu Post, 7 January 2006
  144. RNA investigating death of one suspected Maoist: DPR, Nepal News.com, 6 January 2006
  145. Forces killed innocent man: locals, The Kathmandu Post, 10 January 2006
  146. Army buries body secretly, The Kathmandu Post, 12 January 2006
  147. E/CN.4/2005/65 of 23 December 2004
  148. E/CN.4/2005/65/Add.1 of 28 January 2005
  149. Status of 90 Missing Persons Made Public, The Himalayan Times, 15 August 2005
  150. 986 people still missing: NHRC, Kantipur Online, 31 August 2005
  151. SC order has no effect: Krishna KC rearrested, The Himalayan Times, 23 September 2005
  152. NHRC teams visit RNA barracks; 14 detainees found in two camps, Nepal News.com, 4 January

    NEPAL: ONE YEAR OF ROYAL ANARCHY 92

    2005

  153. RNA denies NHRC's detention charge, The Himalayan Times, 7 January 2006
  154. Explain your lies to us, apex court orders RNA, MoD, The Himalayan Times, 6 January 2006
  155. "RNA forcibly used civilian vehicles", The Kathmandu Post, 20 August 2005
  156. The Ugly Case: NHRC of Nepal, Asian Centre for Human Rights, 10 August 2005
  157. Their breadwinners killed, families in lurch, The Kathmandu Post, 9 December 2005
  158. http://www.unhchr.ch/huricane/huricane.nsf/view01/6EA1EC3345D3882BC125707E 0038C5DD?opendocument
  159. http://www.ahrchk.net/ua/mainfile.php/2004/625/?print=yes
  160. UN body punches security forces hard, The Himalayan Times, 22 October 2005
  161. MoD dismisses HRW remarks, The Kathmandu Post, 2 October 2005
  162. http://web.amnesty.org/library/Index/ENGASA310772005?open&of=ENG-NPL
  163. Kavre police refuse to register Maina case, The Kathmandu Post, 14 November 2005
  164. Army to probe killing of students, The Kathmandu Post, 1 April 2005
  165. Securitymen kill detainee, The Kathmandu Post, 2 September 2005
  166. Maoists break ceasefire, Kantipur Online, 2 January 2006
  167. Prachanda directs cadres not to take action against civilians, Kantipur Online, 20 June 2005
  168. Maoist mine claims 41 lives, The Kathmandu Post, 7 June 2005
  169. Suspected Maoists kill Hindu leader in Surkhet, abduct youths in Dhading, The Nepal News, 25 February 2005
  170. Maoists kill four civilians, The Kathmandu Post, 28 February 2005
  171. Maoists kill five villagers in Kapilvastu, The Nepal News.com, 8 March 2005
  172. Kidnapped security men murdered: RNA, The Himalayan Times, 28 March 2005
  173. Chairman of cooperative killed, The Kathmandu Post, 28 March 2005
  174. 10 killed, cadres torch ambulance, The Kathmandu Post, 2 April 2005
  175. 10 killed, rebels torch ambulance, The Kathmandu Post, 2 April 2005
  176. Maoists kill two civilians on the new year day, Nepal News.com, 15 April 2005
  177. Maoists kill 10 civilians, The Himalayan Times, 17 April 2005
  178. NHRC team leaves for Nawalparasi to probe Maoist attack, The Himalayan Times, 19 April 2005
  179. Govt to compensate families of Nawalparasi killings, Kantipur Online, 6 May 2005
  180. A social worker shot dead in Nepalgunj, Nepal News.com, 22 April 2005
  181. Maoists kill five civilians in Rupandehi, Nepal News.com, 25 April 2005
  182. Civilian, four Maoists killed, The Kathmandu Post, 27 April 2005 NEPAL: ONE YEAR OF ROYAL ANARCHY 93
  183. Civilian, four Maoists killed, The Kathmandu Post, 27 April 2005
  184. 1 killed, 3 abducted, The Kathmandu Post, 5 May 2005
  185. Six civilians, 10 Maoists killed, The Kathmandu Post, 29 April 2005
  186. Maoists kill 3 civilians, 17 injured, Kantipur Online, 29 April 2005
  187. 150 families displaced fearing Maoist atrocities in Sindhupalchowk, Nepal News.com, 1 May 2005
  188. World Hindu Federation Nepal chairman shot dead, Kantipur Online, 6 May 2005
  189. Maoists accept responsibility for Pokhrel�s killing, Nepal News.com, 7 May 2005
  190. Rebels kill another govt appointee, The Kathmandu Post, 10 May 2005
  191. 3 civilians killed in Kapilbastu, Kantipur Online, 12 May 2005
  192. Eight Maoists killed, The Kathmandu Post, 18 May 2005
  193. Maoists kill two teachers, Nepal News.com, 20 May 2005
  194. Maoists kill two teachers, Nepal News.com, 20 May 2005
  195. Peasant leader murdered, Kantipur Online, 22 May 2005
  196. Rebel toll in Tamlicha reaches 25, The Kathmandu Post, 25 May 2005
  197. Two Maoist district leaders shot dead; cadres kill villager, Nepal News.com, 28 May 2005
  198. Maoists shoot dead police head constable and minor, Kantipur Online, 30 May 2005
  199. 2 rebels, 3 civilians killed, The Kathmandu Post, 1 June 2005
  200. Ibid
  201. 5 Maoists, 1 cop, civilian killed, The Kathmandu Post, 4 June 2005
  202. RNA: One killed, one abducted by Maoists, The Kathmandu Post, 9 June 2005
  203. RPP leader shot at, The Kathmandu Post, 10 June 2005
  204. RPP member KC succumbs to injuries, Kantipur Online, 11 June 2005
  205. Woman killed, cop injured in Maoist firing, The Kathmandu Post, 10 June 2005
  206. Maoists murder civilian after abduction, Nepal News.com, 22 June 2005
  207. Maoists kill 7 civilians, The Kathmandu Post, 15 June 2005
  208. Maoists murder civilian after abduction, Nepal News.com, 22 June 2005
  209. Rebels kill 2 civilians, The Kathmandu Post, 14 July 2005
  210. Maoists kill two youths in Makwanpur, Kantipur Online, 12 July 2005
  211. Rebels kill 2 civilians, The Kathmandu Post, 14 July 2005
  212. Maoists abduct, kill teacher, The Kathmandu Post, 25 June 2005
  213. Maoists kill elderly man in Banke, army man kills cop, Nepalnews.com, 24 July 2005
  214. Maoists behead woman, kill handicapped man, The Kathmandu Post, 24 July 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 94

  215. Maoists kill 1 in Jagatpur, hold 4 more, The Kathmandu Post, 26 August 2005
  216. Maoists kill civilian in Butwal; students abducted, Nepal News.com, 30 August 2005
  217. Maoists kill three, abduct 45 students, The Tribune, 19 September 2005
  218. Maoists killed unarmed security man in Dailekh: RNA, Nepal News.com, 27 September 2005
  219. Maoists kill civilian, stop health clinic: Reports, Nepal News.com, 5 October 2005
  220. Maoists kill woman in Parbat, The Kathmandu Post, 17 October 2005
  221. http://www.rna.mil.np/news.php?newsid=1566&&lan=en
  222. Maoists kill a civilian for playing cards, Nepal News.com, 2 November 2005
  223. Maoists kill 3 women, Kantipur Online, 7 November 2005
  224. http://www.rna.mil.np/news.php?newsid=1601&&lan=en
  225. Maoists kill 2 civilians; abduct 400: RNA, Kantipur Online, 22 December 2005
  226. Abductee found dead, The Himalayan Times, 25 December 2005
  227. Maoists kill 2 kids: MoD, Kantipur Online, 8 January 2006
  228. Poll "candidate" killed, The Kathmandu Post, 23 January 2006
  229. http://www.ohchr.org/english/law/civilianpersons.htm
  230. http://www.ohchr.org/english/law/protocol2.htm
  231. Maoists kill DSO, injure RNA Major, The Kathmandu Post, 31 March 2005
  232. Maoists kill business leader in Sindhuli, Nepal News.com, 2 April 2005
  233. Maoists kill 2, 200 cadres surrender, The Kathmandu Post, 10 April 2005
  234. Maoists ambush passenger bus, 5 killed, The Kathmandu Post, 10 April 2005
  235. Maoists shoot dead acting chief district officer, Kantipur Online, 12 April 2005
  236. DSP shot dead in Janakpur, The Kathmandu Post, 19 April 2005
  237. Six civilians, 10 Maoists killed, The Kathmandu Post, 29 April 2005
  238. Maoists kill 2, civilian dies in explosion, The Kathmandu Post, 1 May 2005
  239. World Hindu Federation Nepal chairman shot dead, Kantipur Online, 6 May 2005
  240. Maoists accept responsibility for Pokhrel�s killing, Nepal News.com, 7 May 2005
  241. Cadres kill another govt appointee, The Kathmandu Post, 10 May 2005
  242. 3 civilians killed in Kapilbastu, Kantipur Online, 12 May 2005
  243. Eight Maoists killed, The Kathmandu Post, 18 May 2005
  244. Maoists kill DMC coordinator, The Kathmandu Post, 25 August 2005
  245. Three killed, five injured, The Kathmandu Post, 10 March 2005
  246. 3 Maoists killed, 3 kids injured, The Kathmandu Post, 22 March 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 95

  247. Three minors killed in Janakpur, Nepal News.com, 27 March 2005
  248. 2 minors among 9 injured in bomb explosion, Kantipur Online, 30 March 2005
  249. Civilian killed in landmine explosion, Nepal News.com, 2 April 2005
  250. Minor dies in bomb explosion, Nepal News.com, 10 April 2005
  251. Five minors killed, 3 injured in explosion, Nepal News.com, 25 April 2005
  252. Insurgency claims 2 kids, The Kathmandu Post, 23 May 2005
  253. Stray bomb kills woman, The Kathmandu Post, 27 May 2005
  254. Stray bomb kills a child, injures two, The Kathmandu Post, 5 June 2005
  255. Maoist-laid mine kills 6 troops, 2 civillians, The Kathmandu Post, 11 June 2005
  256. 2 girls killed in stray bomb blast, The Kathmandu Post, 14 June 2005
  257. Indian girl killed in bomb blast, Kantipur Online, 25 June 2005
  258. Landmine blast kills 2 cops, 2 civilians, The Kathmandu Post, 10 July 2005
  259. Bomb explosion kills 2 kids, Kantipur Online, 12 July 2005
  260. Innocent killed in explosion, The Kathmandu Post, 1 August 2005
  261. Child killed, another injured in explosion, Kantipur Online, 3 August 2005s
  262. Bomb kills two civilians, The Kathmandu Post, 26 August 2005
  263. Maoist mine kills 6 passengers, The Kathmandu Post, 28 August 2005
  264. 2 killed in bomb blast, The Kathmandu Post, 24 December 2005
  265. 25 civilians under Maoist house arrest, The Kathmandu Post, 2 July 2005
  266. Maoists release 25 civilians in Dailekh, Kantipur Online, 5 July 2005
  267. Maoists break legs of 2 civilians, The Kathmandu Post, 3 July 2005
  268. http://www.rna.mil.np/news.php?newsid=1589&&lan=en
  269. Maoists Thrash Three NC Cadres in Pyuthan, The Himalayan Times, 12 November 2005
  270. Army men�s father, The Himalayan Times, 22 November 2005
  271. http://www.inseconline.org/hrvdata/abduct_data.php
  272. Thousands of children abducted by Maoists during ceasefire: Amnesty, Nepal News.com, 19 November 2005
  273. Arun Chand Released, Kantipur Online, 8 November 2005
  274. Maoists harass journos, seize cameras, Kantipur Online, 1 December 2005
  275. Maoists release Dahal, The Kathmandu Post, 3 December 2005
  276. Campus chief released, dairy entrepreneur abducted, The Nepal News.com, 5 March 2005
  277. Daughter appeals for father�s release, The Kantipuronline, 6 March 2005
  278. RBNP employee killed, The Kathmandu Post, 7 March 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 96

  279. Maoists kidnap jailor in Dadeldhura, Nepal News.com, 15 March 2005
  280. 7 NEA staffers abducted, The Kathmandu Post, 21 March 2005
  281. Maoists release five of seven NEA captives in Ilam, Nepal News.com, 28 March 2005
  282. Maoists free NEA employees, The Kathmandu Post, 1 April 2005
  283. 5 injured in retaliation against Maoists, The Kathmandu Post, 5 April 2005
  284. Stray bomb kills a child, injures two, The Kathmandu Post, 5 June 2005
  285. Maoists abduct Jana Morcha dist. chief, villager, Nepal News.com, 2 June 2005
  286. Maoists indoctrinate over 250 youths in Gulmi, Kantpur Online, 17 June 2005
  287. Maoists abduct two businessmen in Pyuthan, Nepalnews.com, 24 July 2005
  288. Maoists Abduct Ilam LDO, 6 Others, The Himalayan Times, 30 July 2005
  289. Abducted Nepal officials released, The Asian Age, 1 August 2005
  290. Maoists abduct 22 in Rupandehi, Kantipur Online, 3 August 2005
  291. Maoists release all 22 abducted persons in Rupandehi, Kantipur Online, 3 August 2005
  292. Maoists Kidnap Five in Ilam, The Himalayan Times, 9 August 2005
  293. Appeals for release, The Kathmandu Post, 10 November 2005
  294. Maoists abduct 3, The Kathmandu Post, 26 November 2005
  295. THT scribe's father �abducted, freed�, The Himalayan Times, 18 December 2005
  296. Maoists free NC cadres, The Himalayan Times, 10 December 2005
  297. Maoists abduct 4, The Himalayan Times, 25 December 2005
  298. Maoists abduct DDC member, The Himalayan Times, 27 December 2005
  299. Maoists abduct APF man, civilian, The Himalayan Times, 8 January 2006
  300. 30 students abducted in Tanahun: MoDhttp://www.kantipuronline.com/kolnews. php?&nid=62914
  301. Maoists abduct over 50 civilians, The Himalayan Times, 22 January 2006
  302. Explosives seized; Maoists "abduct" 200 workers, Nepal News.com, 23 January 2006
  303. Names of 60 RNA captives made public, Kantipur Online, 24 August 2005
  304. RNA man freed; Maoists, forces exchange fire, The Himalayan Times, 26 November 2005
  305. Maoist killed in encounter, Nepal News.com, 19 December 2005
  306. Indian driver killed by Nepal's Maoists, The Times, 22 February 2005
  307. Ibid
  308. 13 vehicles torched on Prithvi Highway, The Kathmandu Post, 20 February 2005
  309. Maoist bomb an ambulance, The Nepal News, 23 February 2005
  310. Medicine shortage hits eastern hills, The Himalayan Times, 25 February 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 97

  311. RNA escort vehicles to and from capital, Nepal News.com, 3 April 2005
  312. Acute food shortage in Mid-west, The Kathmandu Post, 25 February 2005
  313. Nation reels under blockade, The Himalayan Times, 25 February 2005
  314. Two trucks set on fire, Nepal News.com, 10 May 2005
  315. Maoists torch four vehicles, The Himalayan Times, 11 May 2005
  316. Maoists bomb NEA sub-station; two killed, four districts without power, The Nepal News, 22 February 2005
  317. 5 vehicles destroyed, The Kathmandu Post, 28 February 2005
  318. Maoists attack Sandhikharka, The Kathmandu Post, 5 March 2005
  319. Explosions at Nepal Telecom and other offices, Nepal News.com, 17 March 2005
  320. Nine Maoists killed, The Kathmandu Post, 23 March 2005
  321. Maoists bomb transformer, The Kathmandu Post, 15 May 2005
  322. Maoist bomb power supply system in Dhangadi, Kantipur Online, 4 June 2005
  323. Maoists bomb Jyoti Spinning Mills, The Kathmandu Post, 19 August 2005
  324. Maoists Bomb Bardiya DDC Office, The Himalayan Times, 19 August 2005
  325. Unilever Nepal closes down after Maoist threat, Nepal News.com, 18 August 2005
  326. Violence against women on rise, The Rising Nepal, 3 December 2005
  327. Police refuse to register death case, The Himalayan Times, 30 December 2005
  328. Women Protesters Accuse Cops of Sexual Molestation, The Himalayan Times, 22 September 2005
  329. Two security men in custody, The Kantipuronline, 8 March 2005
  330. Zero tolerance� policy towards sexual abuse of children, women: RNA, Nepal News.com, 2 August 2005
  331. MoD dismisses HRW remarks, The Kathmandu Post, 2 October 2005
  332. Girl�s remains found a year after soldiers took her away, The Kathmandu Post, 16 January 2006
  333. Maoist rapes woman, Kantipur Online, 9 May 2005
  334. Maoists behead woman, kill handicapped man, The Kathmandu Post, 24 July 2005
  335. Only one victimized in Jagatpur: NHRC, The Kathmandu Post, 6 September 2005
  336. Maoists rape 25 women in Saptari, Kantipur Online, 23 August 2005
  337. http://www.rna.mil.np/news.php?newsid=1566&&lan=en
  338. Maoists kill 3 women, Kantipur Online, 7 November 2005
  339. Pregnant woman forced into training dies: RNA, Nepal News.com, 29 December 2005
  340. Maoists kill 7 civilians, The Kathmandu Post, 15 June 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 98

  341. Maoists treat 9 girls inhumanly, Kantipur Online, 13 December 2005
  342. http://www.inseconline.org/hrvdata/child_data.php
  343. http://www.cwin.org.np/press_room/factsheet/fact_cic.htm
  344. Ibid
  345. Ibid
  346. Army to probe killing of students, The Kathmandu Post, 1 April 2005
  347. 13 students, others freed; Kathmandu SP suspended, Nepal News.com, 4 December 2005
  348. Detainees tortured in police custody, The Kathmandu Post, 5 December 2005
  349. Detainees tortured..., The Kathmandu Post, 5 December 2005
  350. Ibid
  351. Ibid
  352. Drunk cop brutally beats girl, The Kathmandu Post, 20 December 2005
  353. RNA men manhandle school students, Kantipur Online, 2 January 2006
  354. Three Maoist-recruited children surrender: MoD, Nepal News.com, 19 January 2006
  355. http://www.kantipuronline.com/kolnews.php?&nid=46234
  356. CAT/C/NPL/CO/2 of 15 December 2005
  357. Kid detained as Maoist, The Kathmandu Post, 5 August 2005
  358. Maoists torture children, Kantipur Online, 29 November 2005
  359. No work in 19 courts triggers judicial rethink, The Himalayan Times, 2 January 2004
  360. SC judges fail to inspect courts, The Himalayan Times, 7 January 2004
  361. CJ defends rejection of legal remedy, The Kathmandu Post, 23 February 2005
  362. SC to conduct full bench hearing on non-suspended rights, The Himalayan Times, 3 March 2005
  363. SC special stricture to govt to follow orders, The Himalayan Times, 2005
  364. Giri's case deferred again, The Kathmandu Post, 30 September 2005
  365. Four judges appointed at Supreme Court, Nepal News.com, 28 December 2005
  366. Rights Activists Criticise SC Judges� Appointments, The Himalayan Times, 30 December 2005
  367. NBA to exclude CJ Poudel from all its function, Kantipur Online, 3 January 2006
  368. SC asks for files for 14th time, The Kathmandu Post, 28 May 2005
  369. Govt apathy forces SC to issue reminders, The Kathmandu Post, 13 June 2005
  370. SC stays admission to Sanskrit hostel, The Kathmandu Post, 25 May 2005
  371. Defiance of SC for nth time, to nth degree, The Himalayan Times, 5 November 2005
  372. RNA PEACEKEEPING MISSIONS CASE: Ministry admits to agreement with UN, The Himalayan Times, 26 November 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 99

  373. No pact signed on peacekeeping: MoFA, The Kathmandu Post, 23 November 2005
  374. A dozen leaders released, The Kathmandu Post, 19 May 2005
  375. Former minister Gupta rearrested, Nepal News.com, 27 April 2005
  376. Thapa, Gupta re-arrested defying court order, Nepal News.com, 6 May 2005
  377. Fear of arrest keeps JP from his house, The Kathmandu Post, 31 May 2005
  378. SC defied again, Gagan re-arrested, The Kathmandu Post, 6 May 2005
  379. Gagan's detention order extended by 3 months, Kantipur Online, 7 May 2005
  380. SC orders to release Thapa again, Kantipur Online, 25 May 2005
  381. Govt releases Gagan Thapa, Kantipur Online, 26 May 2005
  382. Gagan Thapa arrested, Nepalnews.com, 27 July 2005
  383. Govt to file sedition case against Gagan, The Kathmandu Post, 13 August 2005
  384. Gagan Thapa Released, The Himalayan Times, 14 August 2005
  385. Court frees Rai, police re-arrest, The Himalayan Times, 17 May 2005
  386. Police defy SC, manhandle lawyers, The Kathmandu Post, 17 May 2005
  387. Rajendra Rai freed, Kantipur Online, 21 May 2005
  388. Ishwor Pokharel re-arrested, Nepal News.com, 27 May 2005
  389. Freed man re-arrested, The Kathmandu Post, 9 June 2005
  390. Securitymen try to flout SC order, The Kathmandu Post, 5 July 2005
  391. Subedi re-arrested; Serchan, Pokhrel released, Kantipur Online, 16 June 2005
  392. Govt denies Subedi�s rearrest, The Himalayan Times, 23 June 2005
  393. Govt lies to Supreme Court; Subedi found in custody, Kantipur Online, 23 June 2005
  394. Securitymen defy SC, re-arrest student leader, The Kathmandu Post, 23 June 2005
  395. Alleged Maoist freed, rearrested, The Himalayan Times, 23 June 2005
  396. Govinda Ghimire produced after SC deadline, The Kathmandu Post, 23 August 2005
  397. Man freed by court rearrested, The Kathmandu Post, 25 July
  398. Police defy court orders, re-arrest two, The Kathmandu Post, 5 August 2005
  399. Army blamed for rearrest, torture, The Kathmandu Post, 17 August 2005
  400. http://www.achrweb.org/Review/2005/61-05.htm
  401. http://web.amnesty.org/library/Index/ENGASA310762005
  402. Ibid
  403. Detainees freed, arrested, The Kathmandu Post, 23 October 2005
  404. Govt flouts SC order again, The Kathmandu Post, 26 October 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 100

  405. SC orders govt bodies to produce detainee, The Himalayan Times, 27 October 2005
  406. Ibid
  407. ANNISU-R man re-arrested flouting court order, The Kathamndu Post, 21 November 2005
  408. Police re-arrest man released by court, The Kathmandu Post, 23 November 2005
  409. 2 youths rearrested flouting court order, The Kathmandu Post, 25 November 2005
  410. 3 Maoists re-arrested, The Himalayan Times, 28 November 2005
  411. HURFON seeks whereabouts, The Kathmandu Post, 6 December 2005
  412. Detainee released after high-level suspense, The Kathmandu Post, 5 December 2005
  413. Cops flout SC order, re-arrest ANNISU-R leader, The Himalayan Times, 20 December 2005
  414. PAC extends ex-Maoist student leader�s remand, Kantipur Online, 18 December 2005
  415. Fresh charge against ANNISU-R leader, The Himalayan Times, 21 December 2005
  416. http://www.ahrchk.net/ahrc-in-news/mainfile.php/2005ahrcinnews/298/
  417. Kamal vs Kalam: A tale of mistaken identity, The Nepal News.com, 11 March 2005
  418. NHRC of Nepal: Stands tall amidst ruins, Asian Centre for Human Rights, 24 February 2004
  419. NHRC member prevented from traveling, The Kathmandu Post, 6 March 2005
  420. NHRC chairman�s tenure extended, Kantipur Online, 28 May 2005
  421. SC order has no effect: Krishna KC rearrested, The Himalayan Times, 23 September 2005
  422. Interview with Director of Asian Centre for Human Rights on 23 September 2005.
  423. http://www.achrweb.org/Review/2005/85-05.htm
  424. http://www.nepalitimes.com/issue233/headline.htm
  425. Schools reopen in Kathmandu, The Hindustan Times, 7 February 2005
  426. Govt resumes Indian news channels, Kantipur Online, 12 June 2005
  427. Nepal attacked over media curbs http://news.bbc.co.uk/2/hi/south_asia/ 4598132.stm
  428. Govt bans online news service, Nepal News.com, 9 September 2005
  429. Gyanendra declares new measures to muzzle media, The Indian Express, 11 October 2005
  430. SC strengthens king�s hand, The Statesman, 12 November 2005
  431. http://www.newslinenepal.com/index2.php?option=newsdetails&sno=556
  432. Journalists flay govt�s policy on ads, The Himalayan Times, 13 August 2005
  433. Govt suspends sanctioned Rs4.5m to FNJ, Kantipur Online, 4 May 2005
  434. Govt to resume public welfare adverts to newspapers, The Himalayan Times, 17 December 2005
  435. BBC 103 FM blocked, Nepalnews.com, 6 April 2005
  436. Government bans Communication Corner, The Kathmandu Post, 28 May 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 101

  437. SC stays CC closure order, The Kathmandu Post, 8 June 2005
  438. Nepal FM threatened with closure, The Kathmandu Post, 4 August 2005
  439. SC issues stay order against govt ban on Nepal FM, Kantipur Online, 10 August 2005
  440. SC extends FM radios� freedom, The Himalayan Times, 8 September 2005
  441. Nepali police raid pvt radio station, The Daily Star, 23 October 2005
  442. Govt returns Kantipur FM�s radio equipment, Kantipur Online, 21 December 2005
  443. Govt directs FM radio to stop airing news, Kantipur Online, 23 October 2005
  444. Govt threatens 96.1 license revocation, The Kathmandu Post, 27 October 2005
  445. Kantipur FM suspends airing news, Kantipur Online, 11 November 2005
  446. Govt closes down Radio Sagarmatha, arrests journalists, Kantipur Online, 27 November 2005
  447. Sagarmatha gets stay till December 7, The Himalayan Times, 30 November 2005
  448. SC allows FM stations to broadcast news, Nepal News.com, 30 November 2005
  449. Govt flouts SC stay order on Sagarmatha FM, The Kathmandu Post, 30 November 2005
  450. Allow BBC Nepali Service on Radio Sagarmatha: SC, Kantipur Online, 7 December 2005
  451. Government returns equipment of Radio Sagarmatha, Nepal News.com, 14 December 2005
  452. BBC stringer just vanishes in Nepal, The Asian Age, 7 February 2005
  453. BBC's coverage of Nepal raises questions, The Statesman, 7 February 2005
  454. Paras men hit Indian scribes, The Times of India, 15 March 2005
  455. Reuters lensman manhandled, The Kathmandu Post, 16 March 2005
  456. Govt. alerts on prohibited publication, Kantipur Online, 18 March 2005
  457. Govt directive against press, The Kathmandu Post, 23 March 2005
  458. Stringent directives issued to Birgunj media, Kantipur Online, 25 March 2005
  459. Directives for media, The Kathmandu Post, 29 March 2005
  460. Police interrogate Kantipur editor Wagle, The Kathmandu Post, 18 March 2005
  461. Dozens of political activists detained, Kantipur Online, 22 March 2005
  462. Dozens of NC protesters arrested, The Kathmandu Post, 23 March 2005
  463. Journos take out rally demanding full press freedom, Nepal News.com, 29 March 2005
  464. Deuba denied meeting with Nepal, journos manhandled, Nepal News.com, 5 April 2005
  465. Kantipur journos questioned, Kantipur Online, 5 April 2005
  466. 3 journalists detained, Kantipur Online, 9April 2005
  467. Journos warned, The Kathmandu Post, 9 April 2005
  468. Arrest warrant against journo, The Kathmandu Post, 11 April 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 102

  469. Police grill Post reporter, The Kathmandu Post, 10 April 2005
  470. Dixit questioned, Kantipur Online, 19 May 2005
  471. Post, Kantipur asked to submit clarification, The Kathmandu Post, 24 May 2005
  472. Now, it's the turn of AP, The Himalayan Times, 25 May 2005
  473. Army arrests two scribes, The Kathmandu Post, 29 May 2005
  474. Riot police detain 58 journalists, Kantipur Online, 9 June 2005
  475. Journos freed, vow to continue protest, The Kathmandu Post, 10 June 2005
  476. Police beat up journalists in Kalaiya, Nepal News.com, 9 June 2005
  477. Four dozen journalists arrested in Kathmandu, Nepal News.com, 13 June 2005
  478. Detained journalists released, Nepal News.com, 14 June 2005
  479. Journalist Giri released, Nepal News.com, 21 June 2005
  480. Journo freed after six months, The Kathmandu Post, 22 June 2005
  481. Journalist claims compensation for torture, Kantipur Online, 13 July 2005
  482. Journos stage protests, 10 arrested, The Kathmandu Post, 23 June 2005
  483. 10 scribes held, freed, The Kathmandu Post, 23 June 2005
  484. http://www.cpj.org/news/2005/Nepal23june05na.html
  485. Ibid
  486. Govt stops airing of �Bahas�, Kantipur Online, 24 June 2005
  487. Journos arrested, Nepal News.com, 29 June 2005
  488. Admin restricts news from Bajhang, The Kathmandu Post, 20 June 2005
  489. Journo's life under threat, The Kathmandu Post, 14 July 2005
  490. Two websites blocked, Kantipur Online, 2 July 2005
  491. Govt bans online news service, Nepal News.com, 9 September 2005
  492. Central Regional Administrator detains journo, Nepal News.com, 11 July 2005
  493. Kantipur distributor released, Kantipur Online, 1 August 2005
  494. http://www.cpj.org/news/2005/Nepal01aug05na.html
  495. RNA summons Dailekh-based reporter, Kantipur Online, 28 July 2005
  496. Journalist Sha assaulted, The Kathmandu Post, 4 August 2005
  497. Kantipur columnist under constant threat, Kantipur Online, 22 August 2005
  498. IFJ Condemns Harassment of Three Nepali Journos, The Himalayan Times, 9 August 2005
  499. Journos thrashed mercilessly, The Kathmandu Post, 23 August 2005
  500. Action initiated against Post, Kantipur: Dhakal, The Kathmandu Post, 26 August 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 103

  501. Scribe's home raided, The Himalayan Times, 28 August 2005
  502. Plainclothes cops incite violence, The Kathmandu Post, 7 September 2005
  503. Five journalists injured in police beating in 7-party protest, Nepal News.com, 6 September 2005
  504. Post scribe Rathour arrested, The Kathmandu Post, 20 September 2005
  505. Regional administrator grills editor, Kantipur Online, 5 December 2005
  506. Editor files case against Regional Administrator, Kantipur Online, 11 December 2005
  507. http://www.newslinenepal.com/index2.php?option=newsdetails&sno=775
  508. FNJ urges journalists to defy order of regional administrator, Nepal News.com, 14 December 2005
  509. Journos defy government order, Nepal News.com, 16 December 2005
  510. FNJ flays manhandling of journos, The Kathmandu Post, 21 December 2005
  511. Cop attempts to arrest journo, The Kathmandu Post, 22 December 2005
  512. RNA orders journos' arrest, The Kathmandu Post, 4 January 2006
  513. Kantipur journos assaulted in Surkhet, Kantipur Online, 3 January 2006
  514. Armymen in Maoist disguise arrest journo, The Kathmandu Post, 8 January 2006
  515. Zonal Administrator warns scribes, Kantipur Online, 12 January 2006
  516. Cops grill Post reporter, The Kathmandu Post, 9 January 2006
  517. Zonal Administrator warns scribes, Kantipur Online, 12 January 2006
  518. Journos picket Kailali DAO, Kantipur Online, 19 January 2006
  519. CDO, DSP grill Post journo, The Kathmandu Post, 17 January 2006
  520. FNJ Flays Govt Over New Media Fiat, The Himalayan Times, 19 January 2006
  521. Nepal FM closes down, Kantipur Online, 19 January 2006
  522. Govt embargo on CNN, Indian news channels, Kantipur Online, 21 January 2006
  523. Police threaten journos with loaded gun, The Kathmandu Post, 22 January 2006
  524. Army erases CNN-IBN, Star News tapes, The Kathmandu Post, 21 January 2006
  525. Army refutes news, The Kathmandu Post, 22 January 2006
  526. Security men detain journo after manhandling, Kantipur Online, 23 January 2006
  527. Editor Bhandari released, Nepal News.com, 25 January 2006
  528. Cops manhandle THT scribe, The Himalayan Times, 24 January 2006
  529. Police manhandle journo, The Kathmandu Post, 25 January 2006
  530. Journo among 3 arrested, The Kathmandu Post, 26 January 2006
  531. FNJ condemns arrest of journos, Nepal News.com, 27 January 2006
  532. NTV's Kohalpur regional station set ablaze, The Himalayan Times, 26 February 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 104

  533. Himal Khabarpatrika reporter released, The Nepal News, 12 March 2005
  534. Editor Shrestha dies, Nepal News.com, 3 April 2005
  535. 11 cadres killed, NTV station bombed, The Kathmandu Post, 19 May 2005
  536. FM station looted in Kailali, Kantipur Online, 20 May 2005
  537. Maoists abduct a journo, Nepal News.com, 15 May 2005
  538. Maoists free Kantipur reporter, another abducted journalist "living on potatoes", Nepal News.com, 11 June 2005
  539. Journalist freed from Maoist captivity after 56 days, Nepal News.com, 10 July 2005
  540. Maoists bomb Komal Oli�s home, The Kathmandu Post, 1 June 2005
  541. Maoists abduct Post reporter, The Kathmandu Post, 10 June 2005
  542. Maoists free Kantipur reporter, another abducted journalist "living on potatoes", Nepal News.com, 11 June 2005
  543. Abducted Kantipur reporter freed, Kantipur Online, 11 June 2005
  544. Maoists force journo to quit his job, Kantipur Online, 29 June 2005
  545. Nepal News.com, 10 July 2005
  546. Kantipur journo threatened by Maoists, Kantipur Online, 13 July 2005
  547. Journo's life under threat, The Kathmandu Post, 14 July 2005
  548. Maoist threaten journo to quit job, Kantipur Online, 19 October 2005
  549. Maoists to probe threat to journo, The Kathmandu Post, 20 October 2005
  550. Maoists free journo after brief detention, Nepal News.com, 23 November 2005
  551. http://www.gorkhapatra.org.np/pageloader.php?file=2005/11/11/topstories/main9
  552. Now, govt takes on NGOs, INGOs, The Himalayan Times, 11 November 2005
  553. SC stays implementation of NGO code of conduct, Nepal News.com, 23 November 2005
  554. Govt forces NGOs to adhere to code, The Kathmandu Post, 20 December 2005
  555. Apex court continues stay on NGO code, The Himalayan Times, 27 December 2005
  556. Code of conduct for NGOs to be implemented: SWC, Nepal News.com, 3 January 2006
  557. 4 INGOs pulled up, The Himalayan Times, 2 January 2006
  558. Government posting �consultants� to NGOs, The Kathmandu Post, 30 November 2005
  559. Source, email from International Commission of Jurist, Geneva, on 9 February 2005 quoting informed sources of Amnesty International.
  560. 3 more months of detention for Pahadi, The Kathmandu Post, 12 May 2005
  561. Govt frees more leaders, human rights activists, The Nepalnews, 15 February 2005
  562. CWIN chief arrested, The Kathmandu Post, 18 February 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 105

  563. DAO to grill NBA president Shambu Thapa, Kantipur Online, 8 June 2005
  564. Pahadi, Tuladhar among 27 protesters held, The Himalayan Times, 26 July 2005
  565. Janajatis' top leader barred from flying to India, The Himalayan Times, 25 February 2005
  566. Dhungana moves Supreme Court, The Kathmandu Post, 4 March 2005
  567. Former speaker Dhungana barred from leaving Kathmandu, The Nepal News. Com, 10 March 2005
  568. Dy Speaker, former minister barred from leaving Kathmandu, Nepal News.com, 8 May 2005
  569. Rights activists, journalists barred from visiting Pili, Nepal News.com, 14 August 2005
  570. Activists burn new code, 5 arrested, Kantipur Online, 11 November 2005
  571. Over 100 protestors detained, released later, Kantipur Online, 10 December 2005
  572. ICRC suspends visit to RNA barracks, Nepal news.com, 1 June 2005
  573. NHRC of Nepal: The state of denial and threat to the victims, Asian Centre for Human Rights, 24 August 2005.
  574. Political detainees demand newspapers, Nepal News.com, 23 May 2005
  575. Govt not keen on implementing recommendations: NHRC, Kantipur Online, 18 June 2005
  576. Congested prisons, Kantipur Online, 2 May 2005
  577. Detainees falling sick at Kharipati, Kantipur Online, 11 May 2005
  578. Some detainees released, others facing harrowing time, The Kathmandu Post, 31 March 2005
  579. Detainees start hunger strike, NWPP joins movement, The Kathmandu Post, 1 April 2005
  580. NC condemns Rajbiraj jail incident, Kantipur Online, 7 May 2005
  581. PFN leader's health worsening, The Kathmandu Post, 28 April 2005
  582. Ailing Poudel being kept in company�s godown, The Himalayan Times, 14 May 2005
  583. Poudel tastes freedom after 147 days, The Himalayan Times, 29 June 2005
  584. Detainees send 7-point memo, The Kathmandu Post, 26 May 2005
  585. Journalist dies in detention, The Kathmandu Post, 6 October 2005
  586. http://www.irinnews.org/webspecials/nepal/default.asp
  587. http://www.refintl.org/content/photo/detail/6317/
  588. http://www.refintl.org/content/photo/detail/6552/
  589. http://www.pdsajournal.com/journal2006/2005v1i2-5Shrestha_and_ Niroula_formatted.pdf
  590. Ibid
  591. http://www.refintl.org/content/article/detail/950/
  592. Police intervene at Maoist victims� sit-in programme, over 200 detained, Nepal News.com, 15 May 2005
  593. Maoist victims put off protests; arrested protesters freed, Nepal News.com, 15 May 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 106

  594. Maoist victims take out rally, The Kathmandu Post, 27 May 2005
  595. Police intervene into Maoist victims� protest; scores arrested, Nepal News.com, 29 May 2005
  596. Maoist victim succumbs to police beating, Nepal News.com, 5 June 2005
  597. US to resettle 5000 Tibetan refugees, Kantipur Online, 31 December 2005
  598. 18 Tibetan refugees arrested, Nepal News.com, 1 December 2005
  599. Rs 70m Chinese aid for RNA, The Kathmandu Post, 26 October 2005
  600. www.hrw.org/english/docs/2005/01/28/nepal10085.htm
  601. www.hrw.org/english/docs/2005/01/28/nepal10085.htm
  602. Press Release, Tibet Information Network, 11 October 2005
  603. Ibid
  604. 18 Tibetan refugees arrested, Nepal News.com, 1 December 2005
  605. Authorities release 22 Tibetans, Nepal News.com, 14 December 2005
  606. CRC/C/15/Add.261 of 21 September 2005
  607. WB grants $60 mln for education project of Nepal, Peoples Daily, China, 30 November 2005 available at http://english.people.com.cn/200511/30/eng 20051130_224659.html
  608. http://www.cwin.org.np/press_room/factsheet/fact_cic.htm
  609. Maoists abduct youths, The Kathmandu Post, 28 February 2005
  610. Four people freed, head master abducted, Nepal News.com, 4 April 2005
  611. Over 100 students abducted in Ilam, The Kathmandu Post, 6 April 2005
  612. Maoists abduct nearly 500 students, Nepal News.com, 14 May 2005
  613. Maoists abduct 2 in Kaski, Kantipur Online, 18 May 2005
  614. Two killed, cadres abduct 150, The Kathmandu Post, 21 May 2005
  615. Appeal for teachers� release, The Kathmandu Post, 25 May 2005
  616. Nepal Maoists release 11 students after 39 days, The Himalayan Times, 30 June 2005
  617. Maoists abduct teacher, The Kathmandu Post, 26 May 2005
  618. Free children: NHRC to Maoists, The Kathmandu Post, 27 May 2005
  619. Appeal for husband�s release, The Kathmandu Post, 30 May 2005
  620. Maoists abduct students, teachers, The Kathmandu Post, 28 May 2005
  621. Maoists bomb school- Abduct 90 students, 250 villagers, The Kathmandu Post, 27 June 2005
  622. Maoists free 90 Gulmi students, Nepal News.com, 27 June 2005
  623. Maoists Abduct 300 Civilians in Pachthar, The Himalayan Times, 2 October 2005
  624. Maoists free over 500 students, teachers, The Kathmandu Post, 6 October 2005
  625. Maoists Abduct 300 Civilians in Pachthar, The Himalayan Times, 2 October 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 107

  626. Maoists free over 500 students, teachers, The Kathmandu Post, 6 October 2005
  627. 59 students, teachers abducted, The Kathmandu Post, 16 November 2005
  628. Whereabouts of 55 abducted students unknown, The Kathmandu Post, 17 November 2005
  629. 56 abductees freed, The Himalayan Times, 19 November 2005
  630. Over 500 abducted from VDCs, The Himalayan Times, 17 November 2005
  631. Maoists continue abductions, The Kathmandu Post, 23 November 2005
  632. Maoists abduct 14 teachers, The Kathmandu Post, 1 December 2005
  633. Maoists shut schools in Bardiya, Chitwan; abduct students in Nuwakot, The Nepal News, 26 February 2005
  634. Schools, colleges shut nationwide, The Kathmandu Post, 14 May 2005
  635. Private schools closed in Ilam, The Kathmandu Post, 17 May 2005
  636. Ilam community schools closed after Maoist threat, Nepal News.com, 9 August 2005
  637. ANNISU-R shuts schools, colleges in Chitwan, Kantipur Online, 22 August 2005
  638. ANNISU-R closes down schools in Udayapur, The Kathmandu Post, 13 August 2005
  639. Over 100 schools down shutters, The Himalayan Times, 23 August 2005
  640. 22 schools locked out, The Himalayan Times, 25 October 2005
  641. ANNISU-R close over 50 schools, The Kathmandu Post, 2 October 2005
  642. Forced holiday, The Statesman, India, http://www.thestatesman.net/page.news.php? clid=8&theme=&usrsess=1&id=95536
  643. ANNISU-R slams shut Dharan govt schools, The Himalayan Times, 15 November 2005
  644. Maoists seize question papers, The Kathmandu Post, 15 November 2005
  645. Maoists halt road work, lock schools, The Kathmandu Post, 18 November 2005
  646. SLC pupils in trouble after school lock-up, The Himalayan Times, 17 November 2005
  647. ANNISU-R closes down dozens of schools, Kantipur Online, 21 November 2005
  648. Maoists herd students, teachers to district HQ, The Kathmandu Post, 22 November 2005
  649. Maoists lock school, The Kathmandu Post, 9 December 2005
  650. Maoists Lock Farmer�s House, School, The Himalayan Times, 9 December 2005
  651. Maoist Threat Closes Ramechhap Schools, The Himalayan Times, 11 December 2005
  652. Maoist threat forces communities to return schools, The Kathmandu Post, 13 December 2005
  653. Schools shut after Maoist threat in Dhading, Kantipur Online, 13 December 2005
  654. http://www.rna.mil.np/news.php?newsid=1763&&lan=en
  655. CDCs padlocked, The Kathmandu Post, 17 December 2005
  656. Maoists Padlock Five Schools in Saptari, The Himalayan Times, 23 December 2005

    NEPAL: ONE YEAR OF ROYAL ANARCHY 108

  657. Cadres destroy six schools, SLC students affected, The Kathmandu Post, 20 February 2005
  658. ibid
  659. Bomb exploded at Mahendranagar Medical College, The Kantipur Online, 11 March 2005
  660. Four people freed, head master abducted, Nepal News.com, 4 April 2005
  661. Maoists bomb school in Siddarthnagar, Nepal News.com, 1 May 2005
  662. Arsonists destroy school building, The Kathmandu Post, 4 May 2005
  663. Maoists abduct students, teachers, The Kathmandu Post, 28 May 2005
  664. Maoists bomb school in Dang, Kantipur Online, 11 June 2005
  665. Maoists bomb two schools, The Kathmandu Post, 18 June 2005
  666. Minor blast at a school in Kathmandu, Kantipur Online, 22 June 2005
  667. Maoists bomb school- Abduct 90 students, 250 villagers, The Kathmandu Post, 27 June 2005
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