RIC Query - Nepal (18 July 2003)
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Nepal
| Response to Information Request Number: | NPL03002.OGC |
|---|---|
| Date: | July 18, 2003 |
| Subject: | Nepal: Information on the Nepalese National Police Force |
| From: | CIS Resource Information Center |
| Keywords: | Nepal / Armed resistance movements / Civil wars / Detained persons / Peace negotiations / Police custody / Political opposition |
Query:
1. Please provide general information on the human rights record of the Nepalese National Police force from 1992 to 2002.
2. Is there information on specific incidents involving the Nepalese National Police Force and Maoist [Communist Party of Nepal (CPN)] rebels in Chitwan and Pyuthan on 15 June 1998 and 5 July 1999 respectively?
3. Please provide a map delineating the Chitwan and Pyuthan provinces of Nepal.
4. Please provide information on the arrests of Maoist leaders Arjun Sahani on 4 January 1999, Manoj Neupane on 17 January 1999, and Raj Dev Raut Kurmi on 16 May 1998. Is there information available on what happened to these individuals during and after detention?
5. Did Bal Bdr. K. C. serve as a minister in His Majesty's Government of Nepal in 1996, 1999, and 2001?
6. Was there a Nepalese contingent to the United Nations Guard Contingent in Iraq (UNGCI)?
Response:
1. GENERAL INFORMATION ON THE HUMAN RIGHTS RECORD OF THE NEPALESE NATIONAL POLICE FORCE FROM 1992 TO 2002.
Human rights abuses by the Nepalese National Police Force are well-documented for the years 1992-2002 as detailed in the attached reports (AI 2003, 19 Dec 2002, 14 Feb 2000, 10 Mar 1997; HRW Dec 1994; U.S. DOS 1993, 1997-2002). Nepal's Maoist insurgency began in 1996 and, according to Jane's Information Group, was at first treated as a "police matter" by the Government of Nepal, who employed the national police to fight the Maoist rebels (JIG 20 Jan 2003). Prior to that, international human rights observers consistently depicted the Nepalese National Police Force as one of the main agents of human rights abuses in Nepal and as enjoying virtual impunity for these abuses. Examples of such reporting follow:
Reporting on the events of 1992, the U.S. Department of State said: "The human rights situation has improved considerably [in Nepal] since 1990... Substantial human rights problems remain, however. The principal problems concern the abuse of police powers, including arbitrary detention and beatings (which, in at least one instance, included torture) by a police force that is poorly trained, and the Government's unwillingness to investigate or enforce accountability for recent and past abuses" (U.S. DOS Feb 1993, 1152).
Amnesty International's annual report on Nepal covering the events of 1993 states: "Hundreds of people, including possible prisoners of conscience, were detained during a series of opposition strikes and demonstrations and held without charge or trial for up to several weeks. Torture and ill-treatment...was reported. There was one reported 'disappearance' [in police custody]. At least 24 people were reportedly killed by police in circumstances suggesting that they may have been victims of extrajudicial executions..." (AI 1995, 220).
The Human Rights Watch annual report covering the events of 1994 in Nepal states: "Throughout Nepal in 1994, police continued to be the primary violators of human rights" (HRW Dec 1994).
According to the U.S. Department of State annual report on human rights in Nepal for 1995: "The police continue to abuse detainees, often using physical abuse as punishment or to extract confessions. The Government remains unwilling to investigate allegations of police brutality or to take action against those involved. The authorities employ arbitrary arrest and detention..." (U.S. DOS Apr 1996, 1327).
Maoist fighters, suspected Maoists, and civilians reportedly have been targeted in human rights abuses by the police (AI 8 Jul 1998). The UN Special Rapporteur on Extra-Judicial, Summary or Arbitrary Executions, Asma Jahangir, stated the following after conducting a fact-finding mission to Nepal in 2000: "I very clearly see that extra-judicial killings have taken place where the police have not been made accountable and when that begins to happen it increases people's resentment... I do not get the feeling the (Nepal) government has grasped the magnitude and the real picture of the problem because everybody who is killed is called a Maoist and that is not correct" (Sharma 23 Feb 2000). Amnesty International cited evidence that "the police in many cases have used lethal force in situations where such force was clearly unjustified. These included cases where people had been deliberately killed after they were taken prisoner and others where they had been killed as an alternative to their arrest" (AI 14 Feb 2000). On the other hand, civilians and members of the police force have been targeted by Maoist fighters (AI 8 Jul 1998, 14 Feb 2000; Sharma 23 Feb 2000).
A ceasefire between the Maoists and the Nepalese government was negotiated in July 2001 and then broken by the Maoists in November of that year. The Government of Nepal declared a state of emergency, and the Nepalese army and the newly-created Armed Police Force entered the fight against the Maoists (Daly 1 Jun 2003). Fighting escalated in 2002, and reports of grave human rights abuses on both sides against combatants and civilians continued throughout the year (AI 2003). Another ceasefire was called in late January 2003, several days after the assassination of the chief of Nepal's Armed Police Force, Krishna Mohan Shrestha, his wife, and a bodyguard (Adhikary 4 Feb 2003). According to a GUARDIAN (UK) article, "[t]he assassination would mark a dramatic change in tactics by the rebels. The Maoists have previously staged ambushes well away from Kathmandu - usually on lightly defended police posts in rural areas in the remote west and east of the country. The location of the killings, in a quiet suburban street, suggest [sic] that the Maoists have now penetrated into Kathmandu itself and are directly threatening the country's terrified ruling elite for the first time" (Harding 27 Jan 2003).
In a telephone interview with the Resource Information Center (RIC), the Director of Human Rights Watch's Asia Division said that he would certainly question the human rights record of an individual who was employed by the Nepalese National Police Force for 10 years and who during this tenure was promoted to positions of some rank. The Director also stated that such an individual very well could be targeted for harm or assassination by the Maoists. He said that the January 2003 assassination of the chief of the Armed Police Force was one of the driving factors behind the government's willingness to reenter peace negotiations with the rebels. He also said that many observers of the peace process expect it to fail at any time (Director 8 Jul 2003).
2. INFORMATION ON SPECIFIC INCIDENTS INVOLVING MEMBERS OF THE NEPALESE NATIONAL POLICE FORCE AND MAOIST [COMMUNIST PARTY OF NEPAL (CPN)] REBELS IN CHITWAN AND PYUTHAN ON 15 JUNE 1998 AND 5 JULY 1999 RESPECTIVELY.
The RIC did not find any information on specific incidents between Maoist fighters and members of the Nepalese National Police Force in Chitwan from June 1998 to July 1999. The RIC did find 11 news articles (attached) on incidents in Pyuthan district in 2000. According to three of the articles, there were two policemen killed on March 15, 2000 (KNS 15 Mar 2000, AFP 15 Mar 2000, BBC 18 Mar 2000), five of the articles discuss the killing of 13 policemen in two separate incidents in early April 2000 (AFP 4, 5 Apr 2000; BBC 5 Apr 2000; DPA 5 Apr 2000; DPA 5 Apr 2000b), two of the articles discuss joint military-police patrols in October 2000 (DPA 13 Oct 2000, AFP 13 Oct 2000), and one article reports three encounters between police and guerrillas in November 2000 (Xinhua 20 Nov 2000).
3. MAP OF NEPAL
A map of Nepal delineating its districts is attached (UNDP 1997).
4. INFORMATION ON THE ARRESTS OF MAOIST LEADERS ARJUN SAHANI ON 4 JANUARY 1999, MANOJ NEUPANE ON 17 JANUARY 1999, AND RAJ DEF RAUT KURMI ON 16 MAY 1998.
Information on the arrests of Maoist leaders Arjun Sahani, Manoj Neupane, and Raj Dev Raut Kurmi was not found in sources available to the RIC within time constraints. Besides researching electronic and hard-copy resources, the RIC requested assistance from the South Asia division of Amnesty International's world headquarters in London. Amnesty International tracks many, but certainly not all, cases world-wide of detention, torture, possible extrajudicial execution, disappearance, and other incidents in which it is suspected that an individual's human rights may have been violated. In the case of Nepal, there have been thousands of arrests and other incidents occurring against the backdrop of that country's seven years of civil strife. Amnesty will continue to search its archives for information on the possible arrests of these individuals, and will provide any relevant findings to the RIC (South Asia Researcher 23 Jul 2003).
5. INFORMATION ON WHETHER BAL BDR. K. C. SERVED AS A MINISTER IN HIS MAJESTY'S GOVERNMENT OF NEPAL IN 1996, 1999, AND 2001.
Bal Bahadur K.C., born in 1953, is the current Minister of Culture, Tourism and Civil Aviation, in the new government of Nepal formed in July 2001, and is a member of the Nepali Congress Party (NCP). He represents the Solukhumbu district in the House of Representatives, and was a member of Nepali Congress Central Working Committee (dates not available). He also served as Minister for Youth, Sports and Culture in 1996 (GI 2002-2003; VIPS 27 Jan 2002).
6. INFORMATION ON WHETHER THERE WAS A NEPALESE CONTINGENT TO THE UNITED NATIONS GUARD CONTINGENT IN IRAQ (UNGCI)
According to the web-site of the UN Office of the Iraq Programme Oil for Food, "[a]t present, UNGCI is composed of 89 members, including military and police officers from Bangladesh, the Czech Republic, Fiji, Greece, Kenya, Nepal, Philippines, Poland and Slovakia" (UN 19 Nov 2002).
In a telephone interview with the RIC, a retired U.S. diplomat who has worked closely with the UN on peace-keeping issues stated that the UN does not currently have a system for screening peace-keepers to determine whether they may have been involved in committing human rights abuses in their home countries (Retired U.S. diplomat 18 Jul 2003).
This response was prepared after researching publicly accessible information currently available to the RIC within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References:
Adhikary, Dhruba. ASIA TIMES, "A Test of Sincerity for Nepali Maoists" (4 Feb 2003), http://www.atimes.com/atimes/South_Asia/EB04Df01.html [Accessed 18 Jul 2003]
Agence France Presse (AFP). "Five Maoist Killed, Two Policemen Wounded in Nepal Clash" (4 Apr 2000) - WESTLAW.
Agence France Presse (AFP). "Nepal Braces for Maoist Strike Amid Death Threats" (5 Apr 2000) - WESTLAW.
Agence France Presse (AFP). "Nepal's Army and Police Begin Joint Patrols Against Maoists" (13 Oct 2000) - WESTLAW.
Agence France Presse (AFP). "Two Police Killed, Three Injured in Maoist Attack" (15 Mar 2000) - WESTLAW.
Amnesty International (AI). NEPAL: A DEEPENING HUMAN RIGHTS CRISIS (19 Dec 2002), http://web.amnesty.org/library/Index/ENGASA310722002?open&of=ENG-NPL [Accessed 17 Jul 2003]
Amnesty International (AI). NEPAL: HUMAN RIGHTS AND SECURITY (14 Feb 2000), http://web.amnesty.org/library/Index/ENGASA310012000?open&of=ENG-NPL [Accessed 17 Jul 2003]
Amnesty International (AI). NEPAL: HUMAN RIGHTS VIOLATIONS IN THE CONTEXT OF A MAOIST "PEOPLE'S WAR" (10 Mar 1997), http://web.amnesty.org/library/Index/ENGASA310011997?open&of=ENG-NPL [Accessed 17 Jul 2003]
Amnesty International (AI). NEPAL: POLICE SHOOT IN COLD BLOOD AS "MAOISTS ARE FLUSHED OUT" (8 Jul 1998, ASA 31/02/98).
Amnesty International (AI). REPORT 2003, "Nepal" (2003), http://web.amnesty.org/report2003/npl-summary-eng [Accessed 17 Jul 2003]
Amnesty International (AI). REPORT 1995, "Nepal" (New York: 1995), 221-222.
BBC Summary of World Broadcasts (BBC). "Two Police Killed as Insurgents Step up Activities" (18 Mar 2000) - WESTLAW.
BBC World Monitoring (BBC). "Nepal: Five Policemen Killed in Maoist Ambush" (5 Apr 2000) - WESTLAW.
Daly, John K. C. JANE'S TERRORISM AND SECURITY MONITOR, "Nepal's 'People's War' Reaches Stalemate" (1 Jun 2003), http://www.janes.com [Accessed 18 Jul 2003]
Deutsche Presse-Agentur (DPA). "Maoists Kill Five Policemen in West Nepal" (5 Apr 2000) - WESTLAW.
Deutsche Presse-Agentur (DPA). "Maoist Rebels Kill Eight Policemen, Injure 19 Others in Nepal" (5 Apr 2000b) - WESTLAW.
Deutsche Presse-Agentur (DPA). "Nepal Police and Army Begin Joint Patrols" (13 Oct 2000) - WESTLAW.
Director, Asia Division. Human Rights Watch. Telephone interview (8 Jul 2003).
GEOGRAPHY IQ (GI). "Nepal: Government and Political Conditions" (2002-2003), http://www.geographyiq.com/countries/np/Nepal_government_summary.htm [Accessed 10 Jul 2003]
Harding, Luke. GUARDIAN (UK), "Nepal's Police Chief Gunned Down" (27 Jan 2003), http://www.guardian.co.uk/international/story/0,3604,882829,00.html [Accessed 17 Jul 2003]
Human Rights Watch (HRW). WORLD REPORT 1995, "Nepal" (Dec 1994), http://www.hrw.org/reports/1995/WR95/ASIA-07.htm#P447_153372 [Accessed 17 Jul 2003]
Jane's Information Group (JIG). JANE'S SENTINEL SECURITY ASSESSMENT - SOUTH ASIA, "Security and Foreign Forces: Nepal" (20 Jan 2003), http://www.janes.com [Accessed 18 Jul 2003]
Kyodo News Service (KNS). "Communist Rebels Kill 2 Police Officers in Nepal" (15 Mar 2000) - WESTLAW.
Retired U.S. Diplomat. Telephone interview (Washington, DC: 18 Jul 2003).
Sharma, Ramesh. PEOPLE'S REVIEW, " 'Cleanest Government': A Ludicrous Claim" (23 Feb 2000), http://www.yomari.com/p-review/2000/02/17022000/commentary.html [Accessed 23 Jul 2003]
South Asia Researcher, Amnesty International. Telephone interview (London: 23 Jul 2003).
UN Development Programme (UNDP). DEVELOPMENT CO-OPERATION REPORT - 1997, "Nepal" [map] (1997).
UN Office of the Iraq Programme Oil for Food (UN). STATEMENT BY BENON V. SEVAN EXECUTIVE DIRECTOR OF THE IRAQ PROGRAMME AT THE INFORMAL CONSULTATIONS OF THE SECURITY COUNCIL, TUESDAY, 19 NOVEMBER 2002 (19 Nov 2002), http://www.un.org/Depts/oip/background/latest/bvs021119.html [Accessed 17 Jul 2003]
U.S. Department of State (U.S. DOS). COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2001, "Nepal" (4 Mar 2002), http://www.state.gov/g/drl/rls/hrrpt/2001/sa/8234.htm [Accessed 17 Jul 2003]
U.S. Department of State (U.S. DOS). COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2000, "Nepal" (23 Feb 2001), http://www.state.gov/g/drl/rls/hrrpt/2000/sa/711.htm [Accessed 17 Jul 2003]
U.S. Department of State (U.S. DOS). COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1999, "Nepal" (25 Feb 2000), http://www.state.gov/www/global/human_rights/1999_hrp_report/nepal.html [Accessed 17 Jul 2003]
U.S. Department of State (U.S. DOS). COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1998, "Nepal" (26 Feb 1999), http://www.state.gov/www/global/human_rights/1998_hrp_report/nepal.html [Accessed 17 Jul 2003]
U.S. Department of State (U.S. DOS). COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1997, "Nepal" (30 Jan 1998), http://www.state.gov/www/global/human_rights/1997_hrp_report/nepal.html [Accessed 17 Jul 2003]
U.S. Department of State (U.S. DOS). COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1996, "Nepal" (30 Jan 1997), http://www.state.gov/www/global/human_rights/1996_hrp_report/nepal.html [Accessed 17 Jul 2003]
U.S. Department of State (U.S. DOS). COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1995, "Nepal" (Washington, D.C.: U.S. Government Printing Office, Apr 1996), 1326-1134.
U.S. Department of State (U.S. DOS). COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1992, "Nepal" (Washington, D.C.: U.S. Government Printing Office, Feb 1993), 1152-1159.
VIPS - GOVERNMENTS (VIPS). "Nepal: Kingdom of Nepal" (last updated 27 Jan 2002), http://www.chez.com/vipsgov/nepal-e.htm [Accessed 10 Jul 2003]
Xinhua. "Three People Killed in Police-Guerrillas Clash in Nepal" (20 Nov 2000) - WESTLAW.
Attachments:
Agence France Presse (AFP). "Five Maoist Killed, Two Policemen Wounded in Nepal Clash" (4 Apr 2000) - WESTLAW.
Agence France Presse (AFP). "Nepal Braces for Maoist Strike Amid Death Threats" (5 Apr 2000) - WESTLAW.
Agence France Presse (AFP). "Nepal's Army and Police Begin Joint Patrols Against Maoists" (13 Oct 2000) - WESTLAW.
Agence France Presse (AFP). "Two Police Killed, Three Injured in Maoist Attack" (15 Mar 2000) - WESTLAW.
BBC Summary of World Broadcasts (BBC). "Two Police Killed as Insurgents Step up Activities" (18 Mar 2000) - WESTLAW.
BBC World Monitoring (BBC). "Nepal: Five Policemen Killed in Maoist Ambush" (5 Apr 2000) - WESTLAW.
Daly, John K. C. JANE¿S TERRORISM AND SECURITY MONITOR, ¿Nepal¿s ¿People¿s War¿ Reaches Stalemate¿ (1 Jun 2003), http://www.janes.com [Accessed 18 Jul 2003]
Deutsche Presse-Agentur (DPA). "Maoists Kill Five Policemen in West Nepal" (5 Apr 2000) - WESTLAW.
Deutsche Presse-Agentur (DPA). "Maoist Rebels Kill Eight Policemen, Injure 19 Others in Nepal" (5 Apr 2000b) - WESTLAW.
Deutsche Presse-Agentur (DPA). "Nepal Police and Army Begin Joint Patrols" (13 Oct 2000) - WESTLAW.
Jane¿s Information Group (JIG). JANE¿S SENTINEL SECURITY ASSESSMENT - SOUTH ASIA, ¿Security and Foreign Forces: Nepal¿ (20 Jan 2003), http://www.janes.com [Accessed 18 Jul 2003]
Kyodo News Service (KNS). "Communist Rebels Kill 2 Police Officers in Nepal" (15 Mar 2000) - WESTLAW.
UN Development Programme (UNDP). DEVELOPMENT CO-OPERATION REPORT - 1997, ¿Nepal¿ [map] (1997).
Xinhua. "Three People Killed in Police-Guerrillas Clash in Nepal" (20 Nov 2000) - WESTLAW.