Dear Prime Minister, NEPAL: Prosecution of Maina Sunuwar's murderers should take place now Alleged perpetrators: Place of the incident: Training centre of the Nepal army's peacekeeping missions' unit, Panchkhal army camp, Kavre district Date of the incident: February 17, 2004 It has been seven years since Maina Sunuwar, a fifteen year-old school girl, has been illegally arrested and tortured to death by the then Royal Nepal Army. Since then, in spite of her mother's continuous fight for justice, none of the perpetrators have been brought before the court to face trial, as the army refuse to submit the four accused officers for trial in the court where the case is pending. I am writing to voice my deep concern on that regard. Arrest 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. I was shocked to hear that Major Niranjan Basnet was sent to serve in an UN Peace-Keeping Mission in Chad in spite of having an arrest warrant pending against him, 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. The news of his repatriation casted hopes that at least one of the perpetrators of this heinous crime would be held accountable. Nevertheless, you probably know that he was taken into the custody of the Nepal Army who then declared on 14 July 2010 that an internal inquiry had found him innocent of the charges and that therefore 'there was no case against' him. I wish to bring your attention to the fact that internationally-accepted norms and standards mandate that cases of enforced disappearances, torture or murder of civilians by military personnel should be dealt with by civilian courts. By ordering in 2007 to the civilian authorities to proceed with the investigations, the Supreme Court also ruled in favor of the jurisdiction of the civilian courts in this case. Further, Colonel Bobby Khatri, Captain Sunil Prasad Adhikari and Captain Amit Pun have not presented themselves before the court and have been declared absconding, and I am concerned that insufficient action has been taken to locate and arrest them. Devi Sunuwar, Maina's mother, has an inalienable right to justice and to see the murderers of her daughter face trial. But seven years on, justice continues to be denied and the perpetrators continue to enjoy freedom. I consider that undue delays in giving her justice constitute in itself a further violation of her rights and only results in additional sufferings. Repeated denial of justice impairs the proper development of the rule of law and democracy in the country and undermines the trust of the citizens. The Interim Constitution of Nepal states that court orders have to be binding upon all, but the army's refusal to abide by them shows that it considers itself above the law. When the principle of equality of all the citizens before the law is blatantly trampled on, the notion of democracy becomes meaningless. I therefore call upon you to uphold your commitments to democracy, justice and the rule of law and humbly request your intervention to ensure that the court orders will be implemented, that Major Niranjan Basnet will be transferred into police custody and prosecuted by civilian courts and that prompt investigations will be undertaken to determine the whereabouts of his three co-accused and bring them to justice as well. I look forward to your immediate intervention in this matter. Yours sincerely, Latest AHRC Updates |
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