Asian Centre for Human Rights

Dedicated to promotion and protection of human rights in Asia

ACHR Index: PR/NEP/10/08/05
24 August 2005

NHRC of Nepal is risking the lives of the detainees and disappeared

New Delhi: The New Delhi based Asian Centre for Human Rights in a press release on the occasion of the 10th Annual Session of the Asia-Pacific Forum of National Human Rights Institutions being held in Mongolia from today accused the National Human Rights Commission of Nepal of monitoring the emails of its international consultants on behalf of the government of Nepal and legitimizing criminal acts of the Royal Nepal Army.

“ACHR is in possession of email communications from the international consultant/s currently posted with the NHRC of Nepal about the monitoring of their email communications and subsequent action taken by the NHRC. ACHR has also been informed about the lack of security relating to the data and communication submitted to the NHRC as it has virtually turned into another spook agency of the government of Nepal.” – stated Suhas Chakma, Director of Asian Centre for Human Rights.

The recommendations of the NHRC of Nepal are biased. While NHRC recommended monetary compensation for the victims of the killings by the Maoists at Baragdawa of Somni VDC in Nawalparasi district on 15 April 2005, it failed to recommend compensation for the victims who were killed by the vigilantes at Kapilavastu in February 2005. It also failed to establish criminal responsibility for the Kapilavastu killings.

The current NHRC members have been visiting the detention centers and have met the detainees including those who are listed as “disappeared” because of the denial of their detention by the Royal Nepal Army (RNA).

ACHR has claimed that it has received hand-written letter from a detainee who is listed as disappeared and met by a current member of the NHRC. The concerned detainee has reported about torture and extrajudicial execution of detainees and expressed fear about his execution after the International Committee of the Red Cross stopped its visit to the prisons because of conditions imposed by the RNA contrary to the mandate of the ICRC. However, the NHRC refused to divulge the details of the detainee and thereby legitimising continued disappearance and criminal acts of the RNA.

ACHR withheld the name of the detainee because of the fear of retribution and sought the intervention of the Office of the High Commissioner for Human Rights based in Nepal.

Asian Centre for Human Rights expressed concerns about the failure of the NHRC to state its position with regard to both the Royal Proclamation and Emergency and stated that NHRC of Nepal "stands as the most discredited National Human Rights Institutions in the Asia Pacific region."

ACHR urged the NHRC to ensure transparency and importantly, to make public the names of detainees, it met in the custody of the Royal Nepal Army and other security forces.

“Releasing the list of detainees the NHRC delegation met so far in the custody of the Royal Nepal Army and other security forces shall be the first step if the NHRC seeks us to believe that it is not a spook agency of the government or a rubber stamp for legalising criminal acts of the RNA” – stated Mr Chakma.


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