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Monday, Mar 15, 2010

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Disregarding concerns may prove costly

  • Implicated General’s promotion
KAMAL RAJ SIGDEL & PHANINDRA DAHAL

KATHMANDU, NOV 20 - Human rights defenders have warned that promoting Maj. Gen. Toran Jung Bahadur Singh as the second-in-command of Nepal Army (NA) would seriously damage the government’s democratic credibility. Maj. Gen. Singh has been implicated in “serious human rights violations” by the Office of the High Commissioner of Human Rights (OHCHR) and National Human Rights Commission (NHRC).

Though the government has put on hold the NA proposal for Gen. Singh’s promotion in view of mounting international pressure, NA and a few influential leaders in the ruling coalition, including Defence Minister Bidhya Bhandari, continue to lobby the Prime Minister’s Office arguing that Gen. Singh “has not been proven guilty, he has only been implicated.”

NA questions the credibility of OHCHR and NHRC reports, claiming its internal investigation has established the whereabouts of 12 of the alleged 49 disappeared people. “We cannot take action against anyone just on the basis of allegations,” NA Spokesman and Brigadier General Ramindra Chettri told the Post. “We are ready to cooperate with any probe committee formed by the government to look into allegations of extrajudicial killings and disappearances within NA,” said Chhetri.

Investigations carried out by OHCHR and NHRC had concluded that Gen. Singh should be held accountable and suspended for his involvement in the disappearance of 49 detainees in 2003-2004 from the Maharajgunj-based Bhairavnath barracks of the Tenth Brigade, which he commanded then.

Rights activists argue that it’s international practice to suspend those implicated in rights violations from official duty.

“If the Army believes the implicated official is clean, it should not hesitate to accept an independent and credible investigation by a civilian authority,” said former NHRC Commissioner Sushil Pyakurel.

NA officials told the Post the Army would cooperate with rights abuse probes, but a a government commission must carry them out “not necessarily by teams under the UN.”

Meanwhile, international pre-ssure on the government is moun-ting.

The US has expressed “deep concern” about a “broader culture of impunity” that continues to prevail in Nepal.

Both the Maoists and Nepal Army, said US Embassy Spokesperson Nicole Chulick, co-mmitted gross human rights abuses during the conflict. “The government should thoroughly investigate the Maharajgunj Barracks incident and hold accountable those responsible,” she said.

Under US Army law, suspension of any Army official implicated in rights violations is binding.

Similarly, the British Embassy has also expressed full support for the OHCHR position. We also call on the government to comply with the report, said Ajaya Das, Press Officer at the British Embassy.

Rights activists say non-compliance with the international community’s call would cost Nepal dearly in both political and economic terms. The US and the UK — two of the permanent five members at the Security Council, for instance, have a great leverage with the UN.

Ignoring the international co-mmunity’s call could lead to a UN decision to blacklist the NA and its expulsion from UN peace missions, says rights activist Kapil Shrestha. Besides, suspension of foreign assistance for NA could follow.

NA, however, denies there is impunity within the organisation. “It is a misconception,” said Chhetri. “Of the total allegations we have received so far, we have investigated 72 percent of cases and pu-nished 175 personnel involved in rights violations.”


DATA ON NEPALESE ARMY’S EFFORTS TO CLARIFY ALLEGATIONS

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