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NHRC: Army can’t see Maina murder case

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KATHMANDU, DEC 25 - National Human Rights Commission (NHRC) has taken strong exception to Nepal Army’s decision to form a Military Court of Inquiry to deal with allegations of human rights violations by Maj. Niranjan Basnet. NHRC has said neither the Army court nor the so-called Maoist People’s Court has jurisdiction to hear cases of serious human rights violations such as those related to the murders of Maina Sunuwar and Ram Hari Shrestha.

While Maina, a 15-year-old girl from Kavre, was allegedly tortured to death in Army detention under the command responsibility of Maj. Basnet in February 2004, Shrestha was allegedly abducted and killed in May 2008 by PLA commander Kali Bahadur Kham. Neither the Army nor the Maoists have taken any action against the accused. Instead, the Maoists promoted Kham in the party heirarchy and the Army sent Basnet to a UN peacekeeping mission in Chad after giving him a clean chit. The UN, however, deported Basnet to Nepal earlier this month in view of the allegation.

“NHRC draws the government’s attention to the need to try the cases of Maina Sunuwar and Ram Hari Shrestha in civilian courts because they are related to serious human rights violations,” said an NHRC statement on Thursday. NHRC maintains the government should respect the Supreme Court order and produce Basnet before the Kavre District Court, which has issued an arrest warrant in his name.

Meanwhile, Maina’s mother Devi Sunuwar has urged the government to hand over Basnet for trial.

“I am deeply hurt by the dilly-dallying of authorities in handing over Basnet,” said Devi at a press conference at Nepal Bar Association on Thursday.

She also appealed to civil society, the media and diplomatic missions to press the government to prosecute Army officials—Maj. Basnet, Col. Bobby Khatri, Captain duo Sunil Prasad Adhikari and Amit Pun, all allegedly involved in the murder of her daughter—in a civilian court. She claimed she had received threats asking her to withdraw the case. Devi said she has also been offered money and a house in Kathmandu.

Posted on: 2009-12-25 08:43


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