Dear Prime Minister, NEPAL: Prosecution of Maina Sunuwar's murderers must not be delayed any further Name of the victim: Place of the incident: Training centre of the Nepal army's peacekeeping missions' unit, Panchkhal army camp, Kavre district I am writing to voice my serious concern regarding the latest developments in Maina Sunuwar's case. I am aware that the case has been delayed due to the refusal of the army to submit the accused officers for trial in the civilian court where the case is pending. I am also aware that there are arrest warrants pending against the accused, which are yet to be executed. The warrants have been pending since January 31, 2008 and were issued by the District Court of Kavre against Major Niranjan Basnet, Colonel Bobby Khatri, Captain Sunil Prasad Adhikari and Captain Amit Pun. Nevertheless Major Niranjan Basnet was sent to serve in an UN Peace-Keeping Mission in Chad, though on September 13, 2009 the District Court of Kavre ordered the Nepal Army Headquarters to proceed with his suspension, and he was eventually repatriated on December 12, 2009. However though he was arrested by the military police and was due in civilian court the next day, he is still residing at his house and has not been prosecuted yet. Those at army headquarters have argued that he had already been brought before a Military Court, and that the constitution guarantees against double jeopardy. A Martial Court has already judged this case but in a non-independent and non-transparent manner, in what was clearly an attempt to protect members of the military. Its verdict cannot be accepted. Moreover according to the Nepalese law cases of rape and murder of civilians by military personnel fall under the jurisdiction of civil courts. The December 2009 Report of the UN Working Group on Enforced Disappearances, in the section regarding Nepal, reminded the government that the UN Declaration on the Protection of all Persons from Enforced Disappearances specifically states that persons alleged of having committed acts of enforced disappearances "shall be tried only by the competent ordinary courts in each State, and not by any other special tribunal, in particular military courts" (art. 16.2). I therefore request your intervention to ensure that Major Niranjan Basnet, along with the three other officers accused of Maina's murder is tried by an impartial and independent civil court. Those at army headquarters are consequently obliged to provide all the documents regarding the case, currently being held at the Martial Court, to the District Court of Kavre. They have failed to do so, so far, in another attempt to cover up this case. If the court delivers a guilty verdict the perpetrators must be punished according to the provisions of the Nepalese Penal Law and adequate compensation must be granted to Maina's family. I am also asking for stern sanctions against those who have tried to obstruct the course of justice through false allegations, threatening witnesses and intimidating the victim's family. It is absolutely necessary that adequate measures are taken to ensure the protection of Devi Sunuwar, the victim's mother. The responsibility for the delays in this case lies with the military, for systematically trying to protect its personnel from civilian. However civilian bodies, such as the police or the government, are also to blame for the indifference and negligence so far displayed. To address the first issue, I vigorously urge the government to show that the perpetrators of human rights violations, whether or not they belong to the army, will be systematically brought before civilian courts, along with those who try to hamper the investigation. I also urge that the government cease the collusion between the police and the army by taking measures to compel police officers to register all cases, whether they involve military personnel or not. Despite strong lip-service from high-level military and civilian figures to fight against impunity, despite the repeated concerns of the OHCHR office in Kathmandu and despite the publication one year ago of an Ordinance that criminalised enforced disappearances, this case shows that impunity is still deeply-entrenched in Nepal. The trial and condemnation of Maina's murderers would be an important step toward the strengthening of rule of law in the country. I look forward to your immediate intervention in this matter. Yours sincerely, Latest AHRC Updates |
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