NATIONAL HUMAN RIGHTS COMMISSION rights and that an army barrack cannot be considered a fitting place for keeping people under custody. Similarly, the Commission has taken it gravely to find during its on-site investigation carried out on 10 April 2004 that people have been detained under inhuman conditions without minimum of human needs like mats or covers in the sheds and pens of the Food Corporation where normally sheep and goats are kept. As this subject matter has been put forward in the suggestions sent by the Commission to HMG for fulfillment of the commitments made by the Government, the Commission will pursue the matter for its effective implementation. 14. (7 May 2004), A Commission team, while conducting investigation on 2 April 2004 on the basis of information that people have been kept under unlawful custody at the Raj Dal battalion, Lalitpur, reported that persons including Prem Bahadur Maharjan, Jeevan Ghising, Kunti Tamang, Raj Kumar Thing, Sanjeeb Shrestha and Raju Ghimire were found to have been kept there under unlawful custody. As detention of any person in a place like a barrack, which is out of bounds for ordinary citizens and under the control of the army, would go against the very principle of human rights, it was decided to write to HMG to do the needful as per the law in their cases and promptly inform the Commission on the matter. Also, as one Pasang Lama said to be in the custody at the Raj Dal battalion by the District Administration Office has been reported by the Commission team not to be there (at the Raj Dal battalion), it was decided to write again to the concerned office to enquire about his whereabouts. 15. (14 May 2004), Discussion was carried out on the report submitted by the Commission team sent as per the Commission’s decision of 20 April 2004 to investigate on the incidents that occurred at Tribhuvanbasti and Parasan VDCs of Kanchanur district on 7 and 8 April 2004. Some Maoists had died in the hands of a village mob, which was followed by a tense situation, causing panic among the general public. As per the details received on the incident, it was observed that after the Maoists coerced the public to attend their programmes, the agitated mob had killed seven Maoists. For this, the Maoists had threatened the locals with their lives spreading panic among the local people. Similarly, the army had rewarded the person who had handed over a gun seized from the Maoists with Rs. 10,000. The Commission views this act of reward as enticement to violent resistance and even threatening the life of the rewarded person. Therefore, the Commission considers such acts of publicly enticing and rewarding in the name of resistance committee as helping to promote violent incidents.The Commission, therefore, recommends HMG not to allow such acts and make necessary arrangement for the security of the life and property of the people of that region. 16. (7 May 2004), Discussion was held on the report submitted by the team sent to investigate on the incidents at Vidya Mandir Higher Secondary School of Binayak, Achham district where a helicopter attack on the Maoist programme caused fatalities and injury among the general public. With regard to the incident, it was decided to write to HMG to provide detailed information as to why it was necessary to conduct air strikes on a place like a school where there are students. HMG has also been asked to provide information on the relief measures being carried out following the incident. 17. (7 May 2004), In the course of the Commission’s investigations on complaints received at the Commission and the denial by the Royal Nepalese Army that it was detaining any person in its barracks, the Commission sent an inspection team to the Raj Dal battalion, 30

Select target paragraph3