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IMPUNITY WATCH: Tainted officer’s promotion raises human rights defenders’ eyebrows

  • Rai, implicated by Rayamajhi Commission

  • One cannot be punished twice for same mistake: police

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KATHMANDU, NOV 03 - The government decision on Thursday to promote DIG Durj Kumar Rai to AIG of Armed Police Force has raised eyebrows among the human rights community and the larger civil society that have long been urging the government to probe and prosecute security officials' alleged involvement in the human rights violations during Janandolan II. This is, however, his second promotion after the incident. Earlier, he was promoted to DIG from SSP.

A police unit deployed under his command at Kalanki area on April 19, 2006 had shot dead three civilians -- Sagun Tamrakar, Pradhumna Karki and Deepak Kami -- who were among the demonstrators protesting against then King Gyanendra's direct rule.

The Rayamajhi Commission had later implicated Rai in the Kalanki killings for his command responsibility. However, the Madhav Kumar Nepal-led government on June 2, 2010 had awarded Rai, among others, the Republic Day Honour, which was revoked after widespread protest from the general public, victims of Janaandolan II and the rights defenders.

The police administration, however, has been defending Rai's promotion arguing that he has already been amply penalised even though he was not the one who fired the shots. According to the police, some rifle bullets were recovered from the body of the three persons killed in the Kalanki firing indicating that Rai, who was holding a pistol, did not shoot them down and therefore cannot be held responsible. Rai has already served in an UN mission.

Human rights defenders have condemned the decision terming it a serious breach of human rights laws.

"The argument that Rai need not be ponished any longer does not make sense. It's not important who fired the gun. What is important is who directed for the same," said Subodh Pyakurel, chairman of INSEC, a rights watchdog. "If the government keeps on promoting tainted police officials, it will set a bad precedent."

A member of the Rayamajhi Commission, Hahirar Birahi regretted at the decision. He said most of the rights abusers implicated by the commission have been awarded instead. "The people had not expected such a decision form the government," he said.

Chairman of the the Accountability Watch Committee, a loose alliance of defenders, Sushil Pyakurel said "the decision is part of government's larger motive to legitimise the culture of impunity." "The post 2006 period has been probably the worst in Nepal's history in terms of government decisions promoting mpunity."

However, Armed Police Force Spokesman DIG Bhisma Kanta Aryal said the promotion should not be objected as Rai has already been suspended for one year and his promotion was delayed for two years following the incident. "One cannot be punished twice for the same mistake," said Aryal.

Posted on: 2011-11-03 11:00


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