PRESS RELEASE
ALRC-PL-50-2005

NEPAL: Nepal misleads the UN over systematic impunity: killer of a 15-year-old girl still free

(Hong Kong, November 17, 2005) The Asian Legal Resource Centre (ALRC) condemned on Thursday the Nepalese police's collusion with the Royal Nepalese Army (RNA) in obstructing justice for the arbitrary arrest, alleged torture and murder of a 15-year-old girl in army custody.

Details of the case surface as a high-level delegation from the Nepalese Government defends Nepal's record on torture before the United Nation's Committee against Torture during its 35th session.

"The case typifies many of the overriding problems that prevail in Nepal, notably: arrest and illegal detention by the Royal Nepalese Army; forced disappearance; brutal torture, including that resulting in custodial death; and the total impunity that the perpetrators are able to enjoy for these grave acts," the Hong Kong-based ALRC emphasised in a statement.

15-year-old Maina Sunuwar was arrested by around 15 RNA personnel at her home in Kharelthok, Kavre, on February 17, 2004. The soldiers were looking for Maina's mother, Devi Sunuwar, who had reportedly witnessed the gang rape and killing of her niece by security personnel earlier the same month.

Reports indicate that Maina was blindfolded, tied to trees and beaten for hours. On April 21st, 2004 a national weekly published a letter, allegedly signed by members of the army, in which it is claimed that Maina was tortured and killed as a result of electric shocks applied to her breasts.

Maina's immediate family members have been forced into hiding by threats to their lives as the army continues to search for Devi in particular.

Officers at the district police office refused to register Devi's complaint concerning her daughter's murder, reportedly citing sensitivity concerning situations involving allegations of abuses by the army. The Chief District Officer reportedly warned Devi against risking retaliation with further complaints.

Since Maina's arrest and detention, the security forces have made conflicting claims as to her whereabouts and personal integrity, ranging from denying her detention to her having been killed in an "encounter" with security personnel.

In October 2005, however, the army stated publicly that Maina had been found dead in unspecified army barracks.

The RNA further stated that three officers--Colonel Babi Khatri, Captain Amit Pun and Captain Sunil Adhikary--had been found guilty of improper conduct in failing to conduct a post-mortem examination and hand the body over to the victim's family. They were sentenced to six months' to two years' imprisonment in a military court martial.

The state has, however, failed to account for Maina's death itself. Furthermore, under the Army Act of Nepal, rape and murder of civilians by military personnel must be tried in civilian courts, not military ones.

"This case clearly illustrates the systemic obstacles that hinder the making of complaints and the investigation and prosecution of the alleged perpetrators of even the most serious human rights abuses in Nepal, contrary to what was stated at the CAT session at the UN" said Bijo Francis, a programme officer at ALRC.

"We urge the United Nations Committee against Torture to consider this phenomenon when producing its Concluding Observations after hearing Nepal's second periodic report on torture."

In its statement, the ALRC recommended that the Nepalese authorities launch a prompt and fair investigation into Maina's death, and prosecute any suspected perpetrators. It asked that the state guarantee the personal safety of her family and their supporters.

Finally, the ALRC also called for fair and transparent recording, investigation, and prosecution in cases involving any state agents.

On November 7th, 2005, ALRC submitted a document to the Committee against Torture, in which it highlighted the State of Nepal's significant and systematic shirking of its international obligations under the Convention against Torture, especially since the Royal takeover on February 1st, 2005.

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About ALRC The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at local and national levels throughout Asia.