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 37

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