ANNUAL REPORT 2004
couple of Lalmaya BK and Bir Bahadur BK, patronage 2190 to
Jagannath Mahara and his wife, patronage 2191 to Nara Bahadur
Thapa Magar, patronage 2187 to Marani Devi Shah, patronage 2183
to Paro Devi Uranwo and Fulmaya Uranwo, and patronage 2188
to Sudama Devi Raut, sanction of the amount required for
compensation has already been demanded from the Ministry. The
amount once sanctioned shall be channelled through regional
administration office to the district administration offices and finally
disbursed to the concerned persons.
3.6.4. Complaints Filed With the Commission
An analysis of the complaints filed with the Commission shows that the number of complaints
against violation of political and civil rights is highest. Of them, the complaints against forced
disappearances on part of the state, owing to the present insurgency, are on the rise in
number. Likewise, there have also been a increasing number of complaints lodged against
the kidnapping on part of Maoist rebels of farmers, human rights activists, journalists, political
party workers, teachers and students. A large number of complaints have been filed against
the activities that violate the human rights of those who are not aligned with the conflict in
any way; they include torture, forceful recruitment in the armed movement, illegally capturing
properties, levying penalties, and creating terror. Besides them, there are a sizable number
of complaints against physical assault, chopping off limbs, killing, capturing properties, forceful
expulsion from the native place and hence, internal displacement, on part of the rebels
against those political party activists who hold a different ideology from theirs. Since it is
the responsibility of the state to maintain law and order, and provide security to the people,
the obligations of disseminating the information of the Maoist atrocities to the civilians,
domestic and foreign organisations, and taking actions against the perpetrators are referred
to the Home Ministry. The Commission has also reminded the Maoists of the fact that the
rebels should abide by the Common Article 3 of the Geneva Conventions, and that any
default on their part to observe it should result in prosecution against the responsible top
brass of Maoists as war criminals. Basically, the Commission has maintained a record of
human rights violations and atrocities committed by both warring parties. Going by the
complaints, the Commission has discovered complaints not only of rights violations, but
also of family brawls, and other civil and criminal cases that do not fall within the jurisdiction
of the Commission. Some of the complaints of the latter nature have been filed only with
the Commission, in lieu of lodging it with the concerned bodies. Since the person need not
be present in person at the Commission for lodging complaints, but can do it over telephone,
or through fax and by letter, the Human Rights Protection Division cannot reach back to
the complainants in the cases where their full name and contact addresses are not clearly
and adequately mentioned. In other cases, since the complainants are not compelled to
remain on bail like in the court cases, the victims may not be reached on time.This may take
away the opportunity from the victims of filing such cases with the concerned government
bodies within the legally permitted time. Hence, although an attempt is made to contact
the alleged party (defendant) right on the day of receiving the complaint, the Commission
does not receive the reply promptly. It has been identified as a problem, which negatively
impacts the cases relating to the complaints of forceful disappearances and suspected killing
in the armed confrontation. Since the Royal Nepal Army Office and the Ministry of Defence
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