ANNUAL REPORT 2004
to see that no such incidents would repeat in future.These incidents
have happened even when the Maoists have presented themselves
as a political party from time to time, and agreed to the ceasefire
and signed the code of conduct. Therefore, these incidents are
not only an entirely irresponsible act, but also in contravention
to the commitment that the Maoists have expressed towards the
human rights at the Commission’s office. Hence, the Commission
decided to appeal to the Maoists for being aware of their
commitment. From the investigation reports, it has been realised
that during the armed conflict, there is need not only for creating
public awareness about human rights, but also for properly
protecting the human rights of civilians, and those security
personnel in captivity not directly involved in war. The Commission
decided to edit, if needed, and forward the reports on the above
incidents to the government, and make them available to other
parties if possible. It also decided to issue a press release stating
these bits of information.
S. No.
Date of decision
Meeting No.
Decision No.
4
18 November 2003
59
3
Details of the decision : A lot of important information was elicited from the documents
collected by the probe team deputed to Nepalgunj for investigating
into the incident of Sharda Higher Secondary School at Mudbhara,
Doti district of 13 October 2003. The team had inquired the
injured people undergoing treatment in Nepalgunj. Also in this
regard, the Commission obtained the field study report of the
Mahendranagar-based Human Rights Project of Nepal Bar
Association on 25 October 2003, as well as that of the Children as
the Zone of Peace National Campaign on 24 October 2003. Since
these reports also have confirmed the findings of the Commission’s
investigation, there was no need for conducting further studies to
reach to the conclusion.The investigation offers a quite clear
picture. When the people reportedly identified as Maoist were
engaged in a cultural show, security forces launched an offensive,
killing 10 at the site, of which 6 were Maoists and four school
students. Another five students were also injured in the shooting.
All the collected information shows that the people-purportedly
Maoists-forcefully organised the cultural programme in the school
despite having the knowledge that military operation at the site
was very much likely as there were security forces stationed in
the proximity of the school. Through the means of terror, they
had prohibited the students and teachers from leaving the school
and coerced and forced them to gather at the programme, and
brought back even those who had already away from the site. The
organising of the programme contravenes the widely welcomed
idea of declaring schools the Zone of Peace and treating the schools
free from violence and armed conflict. It has only resulted in such
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