Yubaraj Sangroula

[Ed. Note: The author is a lawyer and human rights activist in Nepal.]

The violation of human rights in Nepal has been phenomenal, even after the restoration of democracy in 1990. The post-movement government made a big mistake by giving general amnesty to the perpetrators of human rights violations in the pre-democracy regime. 'Impunity' has become a 'culture.' Despite several efforts to raise the awareness of law enforcement officers and personnel, their disregard for the rights of the people has been a serious problem. Torture in police custody is ongoing as usual, for instance. There is also no improvement in the random prosecution of cases by government lawyers. Furthermore, lawyers are still effectively prohibited from representing suspects in police custody. The incidents of disappearances are also alarmingly increasing. In short, an atmosphere of terror is looming large. People are scared of the future.

The Escalation of

Police Brutality

The incidents of custodial deaths have increased over the years. About six months ago a man arrested on theft charges was killed in custody by a horrible form of torture as his feet were burned using kerosene. The incident was condemned by the people and human rights organisations. However, the government made no effort to apprehend the culpritsÐindeed, they tried to protect the perpetrators. Why? This question is becoming more and more mysterious in Nepal. The impunity in such instances, however, is largely encouraging the police to resort to further such incidents without fear.

The use of force and firearms without any precaution and judgement of the seriousness of the circumstances is seen as a common phenomenon. Firearms are used without discrimination; and as the incidents show, children, women and other weaker segments of society are generally the victims. Recently, a 13-year-old boy named Hiralal Shahu was shot dead in the Parsa District. Two other people, one a 14-year-old child, were seriously injured as well. The reason for the shootings is still unknown. In another dastardly action, the police presented their most heinous face when 150 policemen went on the rampage, injuring about 50 people in the Nawalprasi District. The policemen suddenly attacked the villages indiscriminately at 7:30 p.m., giving no chance for anyone to understand what was going on. They indiscriminately fired at people. A local resident lost his eye, and another person suffered serious injuries.

The policemen that went on the rampage were comprised of cadets from a training centre, and they were not officially called to control a mob. It was a sheer reprisal for the complaints of people about their atrocities. Again, there has been little chance of any action against the police personnel and officers who are responsible for this crime.

Challenge to the Judiciary

The police have challenged the authority of the independent judiciary. A few months ago a suspected Maoist, Tara Bhusal, was released by the Appellate Court in Butwal, one of the cities of western Nepal. However, the police made an illegal attempt to rearrest him at the gate of the court. The Butwal Appellate Bar Association condemned the police action and made every effort to protect the human rights of Bhusal. The court, considering the probability of an arbitrary arrest even after Bhusal had been released by the court, allowed him to take refuge inside the court until it was safe for him to leave. However, with complete disregard for the integrity of the judiciary, a pack of police officers after a few hours entered the complex, and eventually the building of the judiciary, and dragged Bhusal from the office of the registrar of the court, the chief administrative officer. The judiciary and the Bar nationwide condemned the action, but the government took no action against the culprits. Unfortunately, similar incidents are repeatedly committed by the police in complete disregard of the independence of the court. The government has the responsibility to respect the 'honour' of the judiciary, but it does the opposite in Nepal, for the police continue to engage in activities not respectful of the judiciary.

For instance, Nar Bahadur Ale, a resident of Gorkha District, was held in detention under the Public Security Act continuously for two years. He was taken each time back into custody after his release by the court. The process continued eight times. A few months ago he was transferred to a jail in the Kathmandu Valley. On Sept. 24, he was released by the Lalitpur District Court. However, a contingent of plainclothes police officers was waiting outside to take possession of him. Ale felt that this time he would be 'rendered disappeared.' He made an appeal to the local bar association; and in order to save his life, he was allowed to stay in their lobby. Twelve lawyers guarded him throughout the night and the next day. All political parties, human rights organisations and the Nepal Human Rights Commission were informed of the police action. On Sept. 25, the police guarded the court the whole day. Eventually, members of the Human Rights Commission agreed to safeguard Ale.

These incidents indicate difficult days ahead for lawyers and judges.

Hospital Invaded

by Police

A local hospital was invaded by the police recently on the suspicion that wounded Maoists might be receiving treatment there. The operating theatre was invaded, and the doctors and medical staff were manhandled. The police even warned the Human Rights Commission when it issued an injunction not to invade the hospital.

A Time to Act

These incidents indicate a growing arbitrariness of policing in the country. The impunity of the police, together with their madness, may create a serious circumstance that may completely jeopardise the lives of the country's citizens.

Civil society in such circumstances should think seriously about these developments in order to develop an anti-terror regime in the country. Let us seriously think about it. Public debate is invited.