translating this commitment into practice. The government has an important role to play
in preventing human rights violations and in creating, in case of violations, conditions
necessary for action upon the perpetrators. The Commission expects from the
government its practical commitment on issues such as transparency in the activities of
the government, legal provision and implementation according to international human
rights standards, mutual cooperation in investigation, and capacity building of the
Commission. The Commission also expects that all classes and individuals of the
society will be alert about activities that negate the principle of the rule of law.
There were several meetings and interactions at various levels between the Commission
and the government during the first year of the Commission’s formation. The views
expressed, the commitment shown and the interactions by the officials of all levels of
the government during these meetings are common. Nonetheless, it is felt that the
government still has to take considerable steps for concrete achievements at the
implementations level in the area of the protection of human rights. Since the
Commission is still in the stage of infrastructure development, the necessity of effective
assistance from the government in this regard is also felt.
The police stand at the forefront of the issue of human rights. The commitment,
awareness or indifference of the police towards human rights is an indication whether
human rights are being protected or being violated. As the responsibility of maintaining
law and order and helping in investigations in cases of human rights violations falls
upon the police, the Commission has time and again carried out interaction activities
with high ranking officials of the police. The awareness and positive attitude expressed
by the police towards human rights has, to some extent, been reassuring to the
Commission. However, such activities as unlawful arrests even in the presence of the
Members of the Commission and the lack of active assistance during the course of
investigations are a cause of concern. There is the urgent necessity of assisting the
Commission by making available at the earliest objective and factual replies asked for
by the Commission.
In addition, as all agencies of the government have appeared indifferent in the course of
assisting the Commission with its work, the Commission expects the government to
clarify the role of the Commission along with the government’s commitment to human
rights and give directions to all its agencies accordingly.
(b)
The conduct of government on the queries of the Commission:
(1)
On the basis of news published in various newspapers regarding the interference
and hindrance by the police in the medical treatment of Ranjan K.C. and Sirjana
Phuyal, two individuals injured in cross fire between the CPN (Maoist) and the
police at Majhuwa Dovan in Sindhuli district on Bhadra 7, 2057 BS. and
admitted for treatment at the Miteree Hospital in Bagbazar, Kathmandu, the
Commission began its investigations and inquired about the matter with the
Police Headquarters. The concerned office, however, replied with such
irrelevant and objectionable questions as, "In which law is there provision for
the necessity of asking for permission from the Commission to arrest, during the
course of investigations, those accused of such criminal cases as the killing of