On 14 March 2005, the United Nations Commission on Human Rights
will commence its 61st session. As King Gyanendra
refuses to relax any measures, international community must
censure Nepal. In this Briefing Paper, Asian Centre for
Human Rights (ACHR) provides recommendations of inclusion
into a draft resolution on the situation of human rights
in Nepal.
The United States and the United Kingdom have reportedly been
mulling over as to whether to sponsor a resolution on the
situation of human rights in Nepal under agenda item 9 of
the CHR titled the question of violation of human rights
and fundamental freedom in part of the world, also known
as country situations. The United States is concerned that
the Maoists may come to power and “the humanitarian ramifications of such a regime would
be immense, reminiscent of the nightmare brought upon Cambodia
by Pol Pot”. The United Kingdom reportedly shares
the views of the US. Both have reportedly been opposing
a country resolution on Nepal. India has no positive track
record at the Commission on Human Rights and it might sponsor
a resolution only as a last resort.
While the Maoists have been responsible for gross violations
of humanitarian laws, creating phobia about a “Pol Pot”
regime must not be at the cost of condoning the violations
being committed by King Gyandendra. As the Chairman of the
Council of Minister, His Majesty can be held responsible
for all the abuses.
International community especially the United States and United
Kingdom must realise that Nepal is neither Cambodia nor
do we live in a cold war era. However, inability to convince
King Gyanendra to listen to reason may indeed make Nepal
another “Killing Fields” akin to Pol Pots’ Cambodia. The
Royal Nepal Army claimed
that it has killed at least 30 Maoist rebels near the western
town of Sandhikharka on 4 March 2005. The reports of dozens
of Maoists being killed raises fear – more so when its own
National Human Rights Commission was prevented on 5 March 2005 from visiting Kapilvastu district to
investigate the human rights violations of the alleged supporters
of the Maoists in February 2005. With complete ban on reporting on any
news, interview, information, article and opinion published
or disseminated through media that supports terrorism and
subversive activities i.e. the Maoists, the gross human
rights violations by the security forces cannot be verified.
Terming anybody who is killed as Maoists is an easy excuse.
The impending humanitarian crisis must be stopped.
The United States and United Kingdom must also take note of
an unexpected visitor to Kathmandu - Cuba’s Deputy Minister for Foreign
Affairs, Abelardo Morento. The expertise of the Cuban on procedural issues is quite
universally accepted and they might have offered a few tips
to the Nepalese counter parts to block any resolution against
Nepal at the 61st session of the CHR.
It is essential that a country resolution
on the situation of human rights in Nepal be adopted at
the 61st session of the Commission on Human Rights.
Many members states of the United Nations has not decided
whether to sponsor a resolution under agenda item 19 on
technical cooperation or item 9 on country situations. However,
there is no denying of the fact that even if the multi-party
democracy is restored, human rights violations both by the
security forces and the Maoists need to be monitored.
Asian Centre for Human Rights recommends
the following elements for a draft resolution on the
situation of human rights in Nepal
A resolution on the situation of human
rights of Nepal should express concerns on:
i.
Declaration
of emergency on 1 February 2005 and increase of systematic
violation of human rights, including civil, political, economic,
social and cultural rights, of the people of Nepal;
ii.
The continued
house arrest of political leaders, mass arrest of political
activists and peaceful demonstrators and their incomunicado
detention and arrest of human rights defenders, journalists,
student leaders, academics, women rights activists, trade
unionists etc;
iii.
The imposition
of censorship on media freedom, in particular, the ban on
“any
interview, article, news, notice, view or personal opinion
that goes against the letter and spirit of the Royal Proclamation
of 1 February 2005 and that directly or indirectly supports
destruction and terrorism”; the mis-sue of the Press and
Publication Act-2048 BS and National Broadcasting Act-2049
BS; the ban on broadcasting of news by FM radios and subsequent
loss of jobs by journalists working with FM radio; and suspension of giving of advertisements to newspapers
from the Ministry of Information and Communications under
the Lok Kalyankari Kosh (Public Welfare Fund) and disbursement
of promised funds to the Federation of Nepalese Journalists;
iv.
Severe
restrictions on the freedom of association and assembly,
especially the ban on any meeting, conference, workshop or interaction programme which
“undermine the Kingdom’s sovereignty and integrity, disturb
the law and order of the country or cause any adverse effect
on the current state of emergency”
v.
Illegal
ban on the freedom of movement and confinement of the political
activists, human rights defenders, journalists, academics
in the particular areas such as Kathmandu valley;
vi.
Climate
of impunity and extrajudicial executions especially the
lynching of the alleged supporters of the Maoists in Kapilabastu
district in mid February 2005 and burning down of their
houses with the backing of the Royal Nepal Army;
vii.
Prohibition
of the National Human Rights Commission of Nepal to investigate
allegations of human rights violations in Kapilabastu district;
viii.
The widespread
mis-use of the Public Safety Act and Terrorist and Disruptive
Activities Prevention Ordinance,
ix.
Wide disrespect
for the rule of law by the Royal Nepal Army and other security
forces as reflected from their blunt denial after arrest
of suspects, innocents etc;
x.
The lack
of independence of judiciary and the power given to the
Royal Commission on Corruption Control to investigate the
judges of the Supreme Court as a means to erode the independence
of judiciary;
xi.
Poor conditions
of detention and violations of the rights to an adequate
standard of living, such as food, and to medical care;
xii.
Increase
violations of human rights by the vigilante groups;
xiii.
Human rights
violations suffered in particular by persons belonging to
ethnic nationalities, women and children;
xiv.
Lack of
assistance for the internally displaced persons in Nepal
and the flow of migrants/asylum seekers and refugees to
neighbouring India; and
xv.
The order of the Department of Transportation Management
to nullify the registration of public vehicles and cancel
the license of the drivers who do not ply on the highways
during the blockade/bandh called by the Maoists;
xvi.
Arbitrary arrest, re-arrest of released detainees,
and incommunicado detention especially in army barracks
throughout the country under no legal authority, including
the Terrorist and Disruptive Activities Ordinance (TADO)
and denial of access to the National Human Rights Commission
and International Committee of the Red Cross to the army
barracks across the country;
The resolution on the situation of
human rights on Nepal should call on the Government
of Nepal to:
a.
Immediately
withdraw emergency, restore multi-party democracy and take
measures for formation of a national unity government of
the democratic forces;
b.
Release
unconditionally and immediately all political prisoners,
journalists, media persons, student leaders, human rights
activists, trade unionists and women rights activists arrested
since imposition of emergency;
c.
Put an end to
impunity and ensure, as it is duty-bound to do, that those
responsible for human rights violations and grave breaches
of international humanitarian law are brought to justice
and immediately order an inquiry into the lynching of the alleged supporters
of the Maoists with the backing of the Royal Nepal Army
and the vigilante groups;
d.
Cooperate
fully with the Office of the High Commissioner for Human
Rights for implementation of the technical cooperation agreement
signed on 13 December 2004;
e.
Put an
immediate end to the recruitment and use of vigilante groups;
f.
End the
systematic enforced disappearances in Nepal through implementation
of the recommendations given by the Working Group on Enforced or Involuntary Disappearances
(E/CN.4/2005/65/Add.1) after its field visit to Nepal;
g.
Take immediate
action to eradicate the practice of extrajudicial executions
by ensuring compliance with the UN principles on United Nations Principles
on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions (Recommended by Economic
and Social Council resolution 1989/65 of 24 May 1989)
h.
Immediately
ensure safe and unhindered access to all parts of Nepal
for the United Nations and international humanitarian organisations
and to cooperate fully with all sectors of society, to ensure
the provision of humanitarian assistance and to guarantee
that it actually reaches the most vulnerable groups of the
population;
i.
Provide
the necessary protection and humanitarian assistance to
internally displaced persons;
j.
Fulfil
its obligations to restore the independence of the judiciary
and due process of law, and to take further steps to reform
the system of the administration of justice;
k.
Consider
as a matter of high priority becoming party to the Optional
Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment;
l.
Appoint
members of the National Human Rights Commission consistent
with Section
4 of the National Human Rights Commission Act of 1997,
m.
Withdraw the order of the Department of Transportation
Management to nullify the registration of public vehicles
and cancel the license of the drivers that do not ply the
highways during the blockade called by the Maoists; and
n.
Pursue
through dialogue and peaceful means the immediate suspension
and permanent end of conflict with the Maoists;
The resolution on the situation of
human rights on Nepal should also call on the Maoists to:
i.
Respect human
rights and international humanitarian law, in particular,
as applicable to them, the Geneva Conventions of 12 August
1949 for the protection of victims of war and the Additional
Protocols thereto of 1977, the Hague Convention of 18 October
1907 concerning the Laws and Customs of War on Land, the
Convention on the Prevention and Punishment of the Crime
of Genocide and other relevant provisions of international
humanitarian and human rights law, and in particular to
respect the rights of women and children and to ensure the
safety of all civilians;
ii.
Immediately stop
recruitment and use of child soldiers;
iii.
Stop indiscriminate
killings of the civilian populations including the
members of the Maoist Victims Association, targeting of hospitals and schools and other public properties
in areas held by the Maoists, and extortion of exorbitant
“taxes” through coercion, intimidation and physical violence;
iv.
Stop
trial by incompetent courts for crimes inappropriately punishable
by death;
v.
Stop violent imposition
of the blockade;
vi.
Allow free and
secure access to areas under their control in order to permit
investigations of violations of human rights and international
human rights law;
The resolution on the situation of
human rights on Nepal must decide to:
(a)
Appoint
a Special Rapporteur on the situation of human rights in
Nepal and to submit an interim report to the General Assembly
at its 60th session;
(b)
Appoint
a Special Envoy of the Secretary General to facilitate peace
process with the Maoists;
(c)
Submit
a report on the implementation of the Memorandum of Understanding
signed with the Office of the United Nations High Commissioner
for Human Rights on
13 December 2004; and
(d)
Continue
consideration of this question at its sixty-second session.
King Gyanendra refuses to
halt repression on political activists, human rights activists,
student leaders, trade union activists etc. His promises
to relax restrictions are mere lip-service. Hundreds of
political activists have been arrested on 8 March 2005 after
the five party alliance of the Nepali Congress, CPN-UML, Nepali Congress-D, Jana
Morcha Nepal and NSP-A began its protest. The protests were
held in Chitwan,
Dhangadhi, Pokhara, Ilam, Siraha, Saptari, Biratnagar, Janakpur,
Dhankuta, Rupandehi, Rautahat, Jhapa, Banke, Nawalparasi,
Sunasari and Bardiya.
Earlier, on 4 March 2006,
the government of Nepal extended the house-arrest-term of
six senior political leaders by two months, including those
of Nepali Congress President Girija Prasad Koirala, Nepali
Congress (Democratic) President Sher Bahadur Deuba, CPN-UML
General Secretary Madhav Kumar Nepal, UML Standing Committee
member Bharat Mohan Adhikari, Peoples’ Front of Nepals Chairman
Amik Sherchan and NC (Democratic) central leader Purna Bahadur
Khadka.
The government had already provided three-month detention
orders to most of the 450 leaders and cadres detained on
various dates since February 1.
On
4 March 2005, Nepal Bar Association (NBA) demanded that
the government immediately release former Law Minister Nilamber
Acharya, Ganeshdutta Bhatta, a lecturer at Nepal Law Campus,
Kathmandu, and advocates Kalyan KC, Kamal Khatri, Nanda
Ram Bhandari, Indra Pokharel, Indra Sapkota and Rameswor
Subedi, a Pyuthan-baseed lawyer, along with all detainees,
who continue to be detained in the aftermath of the Royal
Proclamation of 1 February 2005.
One 2 March 2005, more than 12 student activists of
five students’ unions having allegiance to Nepali Congress,
CPN-UML, Nepali Congress-D, People’s Front Nepal and Nepal
Sadhbhawana Party (Anandevi faction) were arrested by the
police from various campuses in Kathmandu valley for staging
protest demonstrations demanding early restoration of peace
and democracy. Those detained from Pashupati Campus have
been identified as Suraj Khada, Chandra Mani Khatiwada,
Arjun Shahjan, Ravi Bista and Dolraj Sharma. The identity
of student leaders apprehended from other campuses including
Trichandra Campus could not be verified.
On 2 March 2005, the Supreme Court directed the government
to present Professor Saubhagya Karki and student leader
Chaau En Laai Shrestha before the court in 3 days. The direction
was issued following the filing of a writ petition demanding
their release. They were arrested in early February 2005.
Of the 31 CPN-UML activists
arrested for demanding early restoration of democracy in
Kaski on 1 March 2005, four activists identified as Rabindra
Adhikari, Sri Nath Baral, Man Bahadur GC and Rajiv Pahari
were reportedly sent for three months jail under Public
Safety Act. The rest were released.
On 2 March 2005, District
Administration Office, Kathmandu, released Ms Manju Bhattarai,
leader of Trade Union Congress, on bail of Rs 6,000. She
was arrested on February 1 and had been detained under the
Public Offense and Punishment Act.
On 3 March 2005, at least 7 Nepali Congress cadres
were arrested by police in Kathmandu. Central committee
member of NC, Baldev Sharma Majgainya was reportedly arrested
from his residence in Kathmandu. Six other party workers
identified as Ram Chandra Khadka, Lokesh Dhakal, Jhapat
Bhandari, Keshav Chalise, Rajendra Wagle and Vedraj Lama
were arrested at 2:30 p.m. from Ason where they were holding
a public demonstration.
About a dozen of CPN-UML
cadres including former Members of Parliament Kamal Koirala
and Rajendra Lohani, General Secretary of All Nepal National
Free Students Union Thakur Gaire and Kathmandu district
Committee member of the party Bashanta Manandhar were also
arrested on 3 March 2005 at a protest rally near Ason in
Kathmandu. Saroj Kafle and Pradip Humagain, student leaders
affiliated with Nepal Students Union were also at Ason.
In a raid on 4 March 2005,
the security forces reportedly arrested the CPN (Maoist)
district leaders - In-charge of Dhanusha, Sarlahi and Saptari,
Surya Nath Yadav alias Subash, Ashok Mandal alias Amar and
Sudan Rai, a member of the cultural group of the rebel party
from a house at Kachanahi area of Saptari district. Security
forces claimed to have recovered a Chinese pistol, bullets
and cordless phones from the Maoist leaders. Security forces
also reportedly arrested Birbal Yadav and Dharma Nath Yadav,
two district leaders of Terai National People's Front, a
Terai-based underground insurgent group, in Sarlahi.
On 6 March 2005, security
forces detained four student leaders belonging to mainstream political parties from various
parts of Kathmandu. While Indu Sharma, the president of
Nepali Congress aligned Nepal Students Union (NSU), Govinda
Gautam and Madhu Mishra were arrested from Saraswati Campus
Unit, central member of the NSU Asta Kumar Sahi was detained
from his house at Bagbazaar in the afternoon.
On 7 March 2005, a division
bench of the Supreme Court comprising Justices Dilip Kumar
Paudel and Rajendra Kumar Bhandari ordered the government
authorities including the Home Ministry, the Police Headquarters
and the Kathmandu District Administration Office to clarify
why student leaders — Om Prasad Aryal, Jyoti Sharma, Dipak
Rai, Lochan KC, Mahesh Devkota and Dilliram Bohara — were
arrested. The bench also ordered the authorities to produce
their decisions over the issue. The student leaders were
arrested on February 1.
On 8 March 2005, over 200
political activists including senior party leaders, former
members of parliament and party central working committee
members, were arrested for defying orders issued under the
state of emergency in Kathmandu, Pokhara, Tanahun, Chitwan
and Dhangadhi. Nearly two dozen activists including CPN (UML) leader Ms Bidya
Bhandari, Nepali Congress (Democratic) leaders and former
ministers Tek Bahadur Chokhyal, Mrs Bhim Kumari Budha Magar
and former lawmaker Krishna Kishore Sharma Ghimire were
arrested by police while demonstrating in Ason-Bhotahity
area in Kathmandu in the afternoon. Other
arrested included former ministers Khem Raj Bhatta Mayalu
of NC (D), former state minister Sushila Swar of NC (D),
former assistant minister Bachaspati Devkota, Chandra Bhandari,
Govinda Kandel, Amia Raj Yadav, Nirmal Kumar Pudasaini,
Khagendra Bhandari, leaders of the NC (D) Rudra Mani Bhandari,
Dirga Raj Bhat, Ganesh Shahi, Badri Chaulagain, Damber Kumari
Bhatta and a few student leaders.
Over 130 political activists
including former lawmaker, Anand Dhungana, were detained
in the southern town of Janakpur, 35
demonstrators in Tanahun, 22 in Pokhara, 7 in Dhangadi and 28 in Narayangad in
Chitwan while
taking part in a peaceful demonstrations.
Telephone lines of about two dozens leaders still
remain cut off, including those of Nepali Congress President
Girija Prasad Koirala, CPN-UML General Secretary Madhav
Kumar Nepal, People’s Front Nepal leader Amik Sherchan,
Nepal Workers and Peasants Party Chairman Narayan Man Bijukchhe,
Youth leaders Binod Kayastha, Gokarna Bista and Gagan Thapa,
Kathmandu NC leaders Tirtha Ram Dangol, Bhimsen Das Pradhan,
Bhaktapur NC leader Lekhanath Neupane, WPP leader Prem Suwal,
PFN leaders Lila Mani Pokharel and Ghanashyam Poudel. Hundreds of political activists
remain under house arrest or in prisons under the Public
Safety Act.
The government of Nepal has virtually detained most
of the human rights defenders and political activists by
arbitrarily imposing restriction on their movement outside
the Kathmandu Valley.
On 3 March 2005, former Speaker and member of the
1990 Constitution Drafting Committee, Daman Nath Dhungana
moved the Supreme Court questioning the legality of travel
restriction imposed on him by the authorities. The Supreme
Court administration, however, rejected the petition citing
the suspension of Article 23 that guarantees right to constitutional
remedy in the ongoing State of Emergency. Senior Advocate
himself, Dhungana was scheduled to leave for the United
States on March 8 to deliver a guest lecture at a university
based in California.
On 5 March 2005, security forces barred a team of
the National Human Rights Commission (NHRC) Sushil Pyakurel,
Dr Gauri Shankar Lal Das and head of NHRC’s Protection Division
Yagya Prasad Adhikari – scheduled to fly to Bhairahawa. The NHRC
team returned from the Tribhuvan International Airport after
the security personnel prevented Pyakurel stating that he
was not allowed to go out of the Kathmandu valley. The team
was scheduled to visit Kapilvastu district to investigate
the clashes between the locals and Maoists in the district
where a group of allegedly anti-Maoist villagers had torched
about 200 houses of alleged Maoists some two weeks ago.
The NHRC team was prevented despite the fact that it had
already informed the Home Ministry and all concerned authorities
about the team’s visit to Kapilvastu.
The press freedom continues to remain under complete
suspension.
In a move to further tighten
its grip over the media, the Royal government of Nepal on
3 March 2005 reportedly suspended giving of advertisements
to newspapers from the Ministry of Information and Communications
under the Lok Kalyankari Kosh (Public Welfare Fund), and
disbursement of promised money to the Federation of Nepalese
Journalists (FNJ). Vernacular
weeklies and newspapers published from outside Kathmandu
Valley have been most affected by this decision. The decision
of suspension is said to be clear contradiction of decision
of the erstwhile government on the matter. Unveiling an
11-points media policy on 12 October 2004, the erstwhile
government had doubled subsidies provided as advertisement
to weeklies and mofussil papers. It was Rs 12,000 for Grade
"A" papers, Rs 8,000 for Grade "B" papers,
Rs. 6,000 for Grade "C" and Rs 4,000 for Grade
"D" papers each month. Amounts were fixed for
daily newspapers accordingly.
Editor of Budhabar
weekly, Surya Thapa, was summoned by the CDO of Kathmandu
to seek explanation regarding a news item, “Five parties
unite against authoritarianism,” on 7 March 2005. Thapa
faces a fine of Rs ten thousand and/or a jail sentence of
up to one year, according to the Printing and Publication
Act 2046 B. S., if he is found guilty for publishing prohibited
matters.
On 3 March 2005, local administration
of the eastern hilly district of Panchthar detained Lavadev
Dhungana, president of the Panchthar district unit of the
Federation of Nepalese Journalists (FNJ). Dhungana, who
is also the correspondent of the state-owned Nepal Television
and Rajdhani daily in the district was taken into custody
from the district headquarter, Phidim. Chief district officer
of Panchthar, Janardan Sharma Adhikary reportedly stated
that Dhungana was detained “as he was involved in activities
that disrupted public security.” He had reported about the
arrest of the student leaders.
At around 7.45 pm on 7 March
2005, editor of Himal Southasian and publisher of Himal
Khabarpatrika, Kanak Mani Dixit was arrested by plainclothes
policemen who had been waiting at his home at Patandhoka
and took him away saying the "Superintendent of Police
wants to talk to you." He was released at around midnight
on 7 March 2005. According to Dixit, police inquired him
about his recent Delhi sojourn and if he had met or tried
to meet Maoist leaders there.
Taking advantage of emergency,
many government officials are settling personal scores.
73-year-old Narayan Prasad Sharma, editor and publisher
of Naya Yugbodh daily had to approach the Appellate
Court in Tulsipur before he could resume publishing his
28-year-old popular daily from 2 March 2005. The editor
had filed a writ petition in the Appellate Court in Tulsipur,
Dang, after Chief District Officer of Dang, Shiva Prasad
Nepal, ordered in writing not to publish the daily until
further notice immediately after the declaration of the
state of emergency on February 1. The court then issued
an interim order on 28 February 2005 asking the local administration
“not to obstruct the legal right of the publisher until
the court delivers final judgment.” According to Sharma,
the CDO had personal grudges against the daily as it had
exposed his involvement in corruption scam prior to the
Feb. 1 developments.
On 8 March 2005, police
arrested Rishiram Pokhrel, editor of local weekly bulletin
Tanahu Aawaj, at the district headquarters Damauli while
participating in a peaceful rally demanding the restoration
of democracy. Police
also detained Ashish Sarraf ‘Nikki,’ a photojournalist while
he was taking pictures of the demonstration in Janakpur.
On
2 March 2005, the Supreme Court stated that the provision
of the right to remedy regarding non-suspended rights during
the state of emergency is a serious constitutional issue
and that it will decide on it only after conducting a hearing
of a full bench comprising the maximum number of justices.
A single bench of justice Ram Nagina Singh, responding to
separate pleas filed at the Supreme Court challenging the
rejection order passed by the SC registrar Shree Prasad
Pundit last week, issued the order. The Registrar had earlier
rejected to accept writ petitions — Harka Man Shrestha
vs Land Reform Ministry, Dambar Singh Gadal vs Ilam
Municipality, and Kiran Kumar Shrestha vs Ministry
of Health — seeking the Supreme Court’s order to the
authorities for the rights guaranteed under Article 11,
88(1) and (2) of the Constitution.
On 4 March 2005, Vice Chairman of the Council
of Ministers Kirtinidhi Bishta said certain fundamental
rights suspended under the state of emergency would be restored
soon.
On the other hand, contrary to his earlier public statement regarding
non-suspended rights guaranteed by the 1990 Constitution,
Attorney General Pawan Kumar Ojha on 7 March 2005 stated
that the Supreme Court could not provide the right to legal
remedy during a state of emergency. He said the people did
not have the right to seek remedy for the non-suspended
rights because of the suspension of Article 23, which guarantees
the right to seek remedy. According to Ojha, the SC cannot
exercise its extra-ordinary jurisdiction under Article 88
for the protection of the people’s rights during a state
of emergency.
The RNA
continues to claim heavy casualties on the side of the Maoists.
The claims are unverifiable given complete censorship and
restrictions on freedom of movement.
On 1 March 2005, two Maoist rebels were reportedly killed during
gunfight with RNA personnel at two different places of encounter.
While one was killed at Baidare area of Bhojpur, the other
rebel was gunned down at Aruwang area of Arghakhanchi district.
The RNA also claimed to have recovered 11 more bodies of
Maoist rebels killed in clashes with security forces in
Toraiyapur area of Gurgauli VDC in Kailali district on 28
February 2005. Among those killed included two Maoist commanders
identified as ‘Nabin’ and ‘Sangharsha’.
According to the DPR of RNA on 6 March 2005,
Maoist cadre Prashant Gurung was killed in retaliatory action
of the unified command after about six Maoists attacked
its patrolling team near Pokhara sub-metropolitan office
in Kaski district two others- Rajendra Sharma and Darpana,
alias Kalpana, were killed in another security operation
at Babiyabirta area of Morang district on 5 March 2005.
In an alleged encounter with the RNA personnel,
three Maoists rebels who have been identified as Devendra
Prasad Choudhary alias Pradeep, Tajmul Ansari alias Mallu
and Ashok Kumar Pandey alias Pappu were killed on 6 March
2005.
Three women Maoists were reportedly killed in security action
at Rampur VDC on 7 March 2005.
On 8 March 2005, in a statement the RNA claimed
that the security forces shot dead Kamala and Mina, two
alleged Maoists at Buka area and Asha, another Maoist at
Motipur area of Dang district on 7 March 2005.
Vigilante groups
On 6 March 2005, Madhesi Tigers – a vigilante
group reportedly set ablaze and robbed houses of Devendra
Patel of Bishrampur VDC-8, district member of the Maoists.
They had earlier burnt down the house of one Rakesh on 3
March 2005. The Madeshi Tigers has been involved in atrocities.
They also destroyed the house, grains and tractor of Ramsinhasan
Shah, former Village Development Committee Chairman. The
group severely beat Nagendra Patel, erstwhile vice-chair
of Ramauli Bairiya VDC and looted cash Rs 30,000.
The Maoists continue to be responsible for gross violations
of international humanitarian laws.
On the night of 6 March
2005, Maoists reportedly killed five alleged members of
an anti-Maoist retaliation group at Kudarmatewa village
in Kapilvastu district. A group of heavily armed Maoists
had attacked the villagers who they claimed were involved
in recent spate of anti-Maoist violence. The villagers were
killed on the spot. Earlier, the rebels had killed seven
villagers charging them of similar accusations.
While Rameswor Subedi, chief
of the Sworgadwari Multiple Campus in the mid-western district
of Pyuthan was reportedly released by the Maoists on 3 March
2005, a group of Maoists have abducted 43-year-old dairy
entrepreneur, Dilli Prasad Upadhyay, from Narayan municipality
in another mid-western district of Dailekh. The rebels reportedly
manhandled Upadhyay while abducting him from his house.
Nisha Bhetwal, whose father, Bishnu Prasad Bhetwal was abducted by the Maoist on 17 January
2005 appealed on 5 March 2005 to the rebels to release her
father. Since then, the family has not reportedly heard
about his whereabouts. A
middle-class furniture trader, Bishnu Prasad Bhetwal was
the sole breadwinner of his six-member family. On 6 March 2005, the bruised dead body
of Pahuna Tharu of Gadhi VDC, who was employed as a Game
Scout at Royal Bardiya National Park (RBNP) was found inside
the park. Tharu was earlier abducted by the Maoists.
Over 100 of suspected Maoists
reportedly set ablaze more than half-a-dozen government
offices based at the headquarters of Argakhachi district
including the RNA’s West-division at Pokhara on the night
of 3 March 2005. Many government offices such as the District
Administration Office, District Irrigation Office, District
Education Office, District Development Committee, District
Land Revenue Office, District post office, District Drinking
Water Office etc. suffered damages in the attack.
India has tightened its borders with Nepal.
On 1 March 2005, four armed Maoists were arrested
by India’s Special Services Bureau (SSB) at Laukahi in Baharaich
district in Bihar. The Maoists were arrested while attempting
to flee to India following fierce clashes with the Nepali
security forces on 28 February 2005 in Kailali district.
One AK-47 rifle, two SLRs, one .303 rifle and one socket
bomb have reportedly been recovered from their possession.
On the same day i.e. 1 March 2005, a joint team of
Bihar Police Force and Special Services Bureau (SSB) arrested
three Maoists when they were traveling in an Indian jeep
at Jayanagar of Madhubani district in Bihar. Those arrested
have been identified as Jit Mohan Ray of Dang, Santosh Kumar
Yadav of Dhanusha and Thakur Ghimire Sharma of Okhaldhunga.
During interrogation, the Maoists allegedly revealed that
there is regular link between Nepali Maoists and Bihar's
Maoists.