 
August 2004
Maoist
abuses
INSEC's Human Rights Yearbook 2004 also contained graphic details of Maoist brutality: victims tortured, beheaded, dismembered, bones crushed and axed. Lately, the Maoists have started threatening and abducting some human rights activists and journalists in the midwest.
Status of Press Freedom and Freedom of Expression in Nepal Summary of the Nepal Report 2003 The situation of Nepalese press freedom remained volatile and critical during the year of 2002 as a result of the proclamation of the "State of Emergenc" and insurgency operation launched by the security forces against the rebels. Both the security forces and Maoists were involved in violation of the minimum standards of the human rights of the people and encroaching upon the press freedom of the journalists including free expression activists through killing, arrest, disappearance, misbehaviour and harassment. The "state of emergenc" was lifted on 29 August 2002 after the extension from the government, which was declared on 26 November 2001 after the deadly Maoists attack over the military barracks after unilaterally breaking the "peace dialogue.� As a result of emergency, the normal people were deprived of enjoying the fundamental human rights since the government suspended several articles related to fundamental human rights conferred by the Constitution of the Kingdom of Nepal, 1990. Journalists and free expression activities were denied to undertake impartial news reporting from the affected areas and had to face obstacles to carry out free movement in those areas. The government broadcasted provocative news against the rebels through state owned Radio Nepal and Nepal Television including The Rising Nepal and Gorakhapatra. The government also directed the private media not to publish any news items against the security operation without the permission of the Royal Nepal Army or the Ministry of Defence or Home Affairs. After the dissolution of the parliament in June 2002, the situation turned into more critical while the security forces were indirectly controlling the overall state power. During that period, the security forces undertook several atrocities during their operation and arrested dozens of the journalists. Nepalese Supreme Court also rejected petitions seeking to reinstate the parliament and approved the dissolution of the parliament thereby opening the door for fresh elections on 13 November 2002. On 4 October 2002, King Gyanendra assumed all executive powers by sacking caretaker Prime Minister Sher Bahadur Deuba for failing to hold elections as per schedule on 13 November citing growing Maoist violence. On 11 October 2002, King appointed a government under monarchist Prime Minister Lokendra Bahadur Chand, granting him limited powers. On 29 January 2003, the government and Maoist rebels declared a ceasefire for the second time. The first cease-fire had broken down in November 2001 after three rounds of talks. The situation has changed after the declaration of the cease-fire. Many journalists were released as a part of the peace process. Following the imposition of a "state of emergency" on 26 November 2001, more than 180 journalists were arrested in different parts of the country. Most of them were arrested under the recently introduced Terrorist and Disruptive Activities (Control and Punishment) Act, 2002. The law was introduced to control rebel activities when the government declared CPN (Maoists) as terrorist and declared their activities as terroristic. The law, however, was misused rampantly against the civilians and media personnel. Dozens of people were physically tortured. And several detainees' whereabouts remain unknown. There have been no reports of official charges filed against any of the detained journalists. During this period, the security forces and the Maoist rebels killed at least nine journalists. The security forces allegedly killed Mr. Krishna Sen, the editor of Janadisha daily in early June 2002 after torturing him within custody. He was arrested on 20 May 2002 from Kathmandu and was taken towards an undisclosed location. After an intensive investigation by Reporters Without Boarder (RSF), Mr. Sen was reported to be killed after being tortured by the security forces to get information regarding underground Maoist activists and their leadership. It was learnt that he was in good health prior to his arrest. He was detained about a month in an unknown detention centre. After the continuous pressure from national and international press freedom groups, the government formed an investigation committee under a senior officer of Ministry of Home Affairs that also denied the knowledge of his arrest and the killing. Sen had already spent 22 months in prison for publishing an interview with the Maoist leader Dr. Baburam Bhattarai and was released on 15 March 2001. Journalists Kanchan Priyadarshi (Ishwor Budhathoki) of Sindhupalchowk, Yam B.K. "Patel" of Myagdi, D. Kaudinya (Dev Kumar Acharya) of Jhapa, Kamal A.C. of Kathmandu, Kumar Ghimire of Sindhuli and Raj Kumar K.C. of Ramechhap have also been allegedly killed by security forces. There was a separate report of killing Chakra Bahdur Budha (B.C.) of Surkhet by security force. In the seven-years period of conflict, CPN (Maoists) were also involved in the killings of journalists alleging them of writing/reporting against their activities. Communist Party of Nepal (Maoist) rebels murdered editor of "Kadam� and former editor of "Karnali Sandesh,� Nawaraj Sharma, in Kalikot district (western Nepal). His badly mutilated body was found on 13 August. He was reportedly abducted from his house on 1 June 2002. In separate case, journalist Ambika Timsina associated with the Pro-Maoist Janadesh and Mahima weeklies was found dead near the village of Pathari in Morang district (eastern Nepal) on 12 December 2002, after he was abducted by suspected Maoist rebels on the previous day. He had surrendered before the local authorities after the proclamation of the state of emergency in November 2001. It was learnt that he might have been killed by the Maoists alleging him of working as a spy against them. Journalist
Mumaram Khanal, Arjun Thapaliya, Minu Budhathoki and Prem Sagar have been
reportedly abducted by security forces and their whereabouts is still unknown.
The CPN (Maoist) rebels abducted two journalists, Demling Lama and Dhan Bahadur Rokka, who were working for the state owned Radio Nepal. Lama was abducted in April 2002 but managed to escape from the rebel's control. Another journalist, Dhan Bahadur Rokka Magar, was abducted from Pyuthan district (western Nepal) on 1 August 2002. His whereabouts still remain unknown. Similarly, Nepal Samacharpatra daily reported that a local CPN (Maoist) chief had banned its reporter, Dipak Bahadur Thapa, from leaving his village since the mid-November 2002 on charges of writing against the Maoists "people" war. Thapa was also threatened of his life, if he left the village. In
the year 2002, press freedom was all the time under threatening from different
sections of the society. Most of the journalists were released after the
Supreme Court order after they filed habeas corpus petitions. But the security
forces just outside of their prison again detained some of the journalists.
Altogether eighty-three cases of Detention/Imprisonment were recorded during
this period. Seven cases of Seizure/Censor/Ban, eighteen cases of attack/Misbehaviour/Manhandling,
ten cases of Threat and nineteen cases of Legal actions were also recorded.
To sum up, the situation of press freedom has not improved in Nepal as yet. However, journalists and free expression activists feel little bit relaxed after the declaration of the cease-fire. Many journalists have been released and have started publishing newspapers such as Janadesh, which had stopped publication following arrest of its entire staff. They also feel comparatively less threat from the authorities and security forces. In the mean time, the rebels have also said that they will not create any obstacles for the journalists and free expression activists to carry out impartial news reporting in their strongholds. Such assurances are yet to be tested. May
2004
Maoist
abuses
Maoist
abuses were reported during the cease-fire and escalated following the
resumption of hostilities. Following the breakdown of the cease-fire, there
were reports that 30 civilians had been killed by the Maoists. Maoists
were also responsible for over 40 abductions and several reports of torture
of abductees.
Child
soldiers
There
were reports that the CPN (Maoist) continued to abduct and recruit children
between the ages of 15 and 18. Reports were received that scores of secondary-school
children were abducted from schools in mid-western and far west regions
and held for short periods for "re-education". It was alleged that the
CPN (Maoist) used the cease-fire to recruit more children into their ranks.
The CPN (Maoist) denied that children aged under 16 were recruited into
its army or trained in the use of guns.
Human
rights monitoring
No
monitoring mechanism was put in place to implement the human rights provisions
in the Code of Conduct governing the cease-fire. A Human Rights Accord
drafted by the NHRC in May, mandating it to set up five regional offices
to monitor human rights with technical assistance provided by the UN, was
presented to the government and CPN (Maoist). Both sides agreed in principle
to the Accord, although neither had signed up to it by the end of the year.
Extrajudicial
executions
Reports
of extrajudicial executions by the security forces were received during
the cease-fire and increased following the resumption of hostilities.
'Disappearances'
Following
the breakdown of the cease-fire in August, more than 150 people were reported
to have "disappeared" after arrest during counter-insurgency operations
by the security forces in Kathmandu and other districts.
Torture
and ill-treatment
Torture and ill-treatment of detainees in the custody of the RNA, Armed Police Force (APF) and civilian police continued to be reported regularly.
After the ICRC's role in securing the release of Beni prisoners, Nepal's warring sides may have finally found the need for this international organisation Pascal Mauchle, head of the ICRC delegation, with interpretor Christoph Abbou (middle), brings home CDO Sagar Parajuli. Its strict neutrality and low profile work in looking after prisoner welfare in times of war means the International Committee of the Red Cross (ICRC) doesn't usually figure in the limelight. But sometimes, as during the release by the Maoists of 37 Beni prisoners, the ICRC makes it to the headlines. Nicolas Bachmann, communi-cations delegate at ICRC in Nepal takes pains to stress his group doesn't mediate in conflict and, unlike other national Red Crosses, is not usually involved in delivering relief after natural disasters. Even in the Beni prisoner release, it wasn't the ICRC that made the first move. April 2004
Government
attitude is threatening an institution which has shown some degree of seriousness
towards ensuring protection of human rights. There ought to be a rethink.
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