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Long Journey to Justice for Victims of Nepals Civil War

Reporter: Rajan Parajuli

Date: 2013 Jan 30Slug: Nepal war crime

INTRO

Recently the Attorney General in Nepal ordered the police to stop an investigation into the

alleged killing of a journalist by Maoist rebels.

13 thousand people were killed during the decade long civil war and more than thousand people

disappeared.

But no one on either side has been brought to trial

As Rajan Parajuli reports victims are demanding justice.

TEXT

Dakendra Raj Thapa was a journalist for Radio Nepal, the state-owned radio station.

He was accused of spying and in 2004 he was abducted and killed by Maoist rebels.

In January this year the police arrested five people allegedly involved in the murder.

Laxiram Gharti is one of them.

LAXI, Clip 1(Male, Nepali):"I was a Village Committee member for the Maoists then. It was 10o'clock in the morning. There were 9 of us. We brought him into the school grounds forinterrogation and all of the rebel soldiers started kicking and punching him and beating him with

a stick. He fainted after being hit in his testicles. His whole body started swelling. He was

unconscious. Then we buried him in our friends land nearby.

The police investigation found that he was buried alive.

But the police stopped investigating the case following an order from the Attorney GeneralsOffice.

During a TV show, Attorney General, Mukti Pradhan, explained why he issued the order.

MUKTI, Clip 1(Male, English): "Our constitution and Peace Accord has clearly mentioned that

all the cases of the conflict time will be investigated by Truth and Reconciliation Commission.That body is only legitimate to find the truth, investigate and interrogate people. If we start

dealing these cases individually, then it's against the spirit of the peace agreement and

constitution.

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In 2006, both the government and the Maoist rebels signed a Peace Accord and formed a Truth

and Reconciliation Commission which would act as a transitional justice body.

Draft bills to establish the Commission have been tabled in Parliament but theyre still debating

proposals to grant an amnesty for abuses by the government and Maoist rebels.

SFX_GOVINDA OFFICE

In the Supreme Court, Govinda Bandi challenged the governments attempts to stop theinvestigation.

He is a legal advisor for the International Commission of Jurists.

GOVINDA, Clip 1(Male, English):"Even if you have transition justice mechanism; the duty

power, functions and mandate of Truth and Reconciliation Commission is to reveal the facts and

establish the truth. They cannot replace the criminal justice system. But in this case truth is

already established. How Dekendra was abducted, how he was killed, how he was buried alive.It's all there. What the Truth and Reconciliation Commission do on that?

Govinda argues that cases related to civilians during the conflict should be treated differently

from cases relating to the conflict, to ensure justice.

GOVINDA, Clip 2(Male, English):"To be a political crime, there has to be a conflict between

two parties. But this was the case, one unarmed person abducted by Maoist cadre. He was not

involved in war, not taking part in hostility. Dekendra Thapa was not killed during the war. He

was simply killed by Maoist people. And involvement of Maoist is not enough to qualifypolitical crime.

In return, the Supreme Court has ordered the government to continue the investigation.

But on the ground, all the investigating officers have already been transferred to other districts.

SFX_PARLIAMENT HOUSE

I am with Devi Sunar in front of the legislative house in Baneshor, Kathmandu.

Her 15 year old daughter, Maina Sunar, was abducted by the Nepalese Army in 2004.

DEVI Clip 1(Female, Nepali):"I was going to my mother's home that day. I dropped off mydaughter on the way. And she said, "Mother! Please come back soon. I have an exam at school.

My brothers will not let me study. (crying) She was wearing black trousers, a colourful t-shirt

and a jacket. I can still picture what she looked like."

The National Human Rights Commission said that more than 80 percent of cases that happened

during the civil war had nothing to do with the conflict.

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More than 13 thousand people died and thousands disappeared.

The UN documented more than 9,000 cases violating international human rights law.

Devis daughter Maina, is one of them she was found buried in the Army Barracks almost three

years after being tortured, raped and murdered.

DEVI, Clip 2(Female, Nepali):"There were 9 human skulls in the jungle. My daughter was

buried three feet deep. When we took her out, there were only bones left, no muscle at all. I sawthere was a necklace. It was the glass necklace I gave to her as a present when I went to Pokhara.

That's how I recognized her.

Many have lost hope but the recent arrest of a Nepalese Army officer in the UK has brought newoptimism.

Colonel Kumar Lama is accused of torturing detainees while he was in charge of the Army

Barracks during the decade-long Maoist insurgency.

He faces trial in a British court under a law that allows for the prosecution of alleged warcriminals.

Lawyer Govinda Bandi says human rights defenders have started coordinating with internationalhuman rights organisations to file cases to the international court.

GOVINDA, Clip 3(Male, English):"When Nepali authority didn't show their will power to

prosecute these crimes that gives a kind of authority, legitimacy or power to prosecute thesepeople will be in outside Nepal. If you failed to address situation here, international obligation is

that other countries are competent enough to trial this kind of crime in their own legal system.

Many security officials and some Maoist leaders who are the commanders of People's liberationarmy, can be prosecuted anywhere.

All Devi wants is justice for her murdered daughter.

DEVI, Clip 3 (Female, Nepali)"The way in which the prime minister and the government has

responded to cases from the conflict, has resulted in the culprits being set free. They are trying to

protect criminals. They say that it will affect the peace process. I am not asking them for moneyor property. I want to see my daughter's murderer in jail. That will bring peace for me. I want to

see justice being done.

For Asia Calling, I am Rajan Parajuli in Kathmandu.