ANNUAL REPORT 2004 3.6.5. Progress in Implementing Recommendations of the Commission The Commission has received a few responses from the concerned authorities that it had contacted on different dates seeking information in regard to different incidents after it had received the complaints and human rights monitoring reports. Of them, the Commission has received the following information regarding the 20 incidents from the Office of Prime Ministry and Cabinet of Ministers on 12 May 2004 titled “Statement of Result of the Action taken after constituting a military court to probe whether the Royal Nepal Army operations have abided by the human rights and humanitarian laws or not” 1. Regarding the Chitwan incident In regard to the complaint that army personnel had kept GTZ employees in illegal custody 7 May 2002 in Chitwan district, the investigation showed the captain as being the perpetrator. Hence, a departmental action was taken against him depriving him of the human development-training programme meant for promotion. 2. Regarding the incident of Sanfebagar, Achham district The security forces were charged that they had prodded and beat GTZ employees with their gun-butts while in custody, when suspected people had failed to produce evidence of their identity during the security operation on 12 May 2002 at Sanfebagar, Achham district. The probe found the allegation baseless. 3. Regarding the incident of Kaule, Nuwakot district There were allegations that the Royal Nepal Army had killed five innocent people at 1.00 a.m., at Burtungi, Kaule VDC of Nuwakot district on 28 November 2002. According to the investigation report of the incident, the army personnel stationed in temporary base camps had opened fire at a suspected group who—with torches in their hands— advanced towards the perimeter of the camp, and suspiciously dispersed in response to the warning of the security personnel on duty. Also in accordance with the opinion of the concerned board, initiatives were taken to pay damages to the affected families of those killed in the incident, and the concerned RNA personnel were cautioned not to repeat such incidents in future. 4. Regarding the incident of Chisapani, Bardiya district An RNA captain was alleged to have kept a non-military woman for two days in illegal custody, and also raped her on 14 April 2001. But since the victimised woman herself refuted the rape charges during the investigation into the incident, the army officer was given a clean chit. However, the army personnel was found guilty of keeping in illegal custody the daughters of a man who reportedly failed to show up in the legal proceeding. The RNA officer was therefore suspended from promotion, as per the Military Act, 2016 BS. 5. Regarding the incident of Manpur Tapara, Bardiya district There were allegations that after dragging Top Bahadur Karki and Bhoj Bahadur Karki out of their house while they were sleeping there, security forces had brutally beaten 45

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