ANNUAL REPORT 2004
The violation of basic human rights of the people in course of the present internal conflict
has resulted from the warring parties’ impact on those aligned in no way with the conflict.
There are incidents of forced and involuntary disappearances after arrest by the security
forces. Only a few of them are brought into the judicial process, that too because of
pressure from different quarters of the society. Other incidents include keeping in house
arrest even beyond the expiry of the stipulated date, re-arresting people by using another
warrant after keeping them 2-4 days in custody, meting out physical and mental torture in
the military custody, killing in custody, and arresting people in the pretext of paying levies
and providing other supports to Maoists. In several districts, it was found that the army
have made use of schools and health posts. No attention has been given to pay compensation
to the school and health offices—the establishments having great social importance— for
using them for the security operations. Nor were there any efforts found towards shifting
the army stations from the schools and health posts to elsewhere. Even after a long time
since the District Security Committee had recommended paying compensation to the
schools and health centres and shifting them elsewhere, the line Ministry seems to be noncooperative and irresponsible, as it has not properly implemented the decision.The incidents
of Rukum and Bajura district headquarters are major examples.
Only those who have access seem to have obtained the allowance facility provided as per
the government’s policy decision to the displaced people; and the facility does not seem to
have reached all the victims. Likewise, the state seems to be least bothered for improving
the government jail, which were already in a dilapidated condition. Let alone the efforts to
improve the adequate physical facilities. Physical reforms of the jails have been a distant
dream. To worsen the things, the jails have faced the constraint of accommodating more
inmates than their capacity. Hence, monitoring reports received so far have recommended
for immediate prison and custody centre reforms.
Human casualties on both sides of warring parties during routine deputation or operation
clash between security forces and Maoists have been reported. Since the security forces
abstain from taking the photograph of those killed in the clash, their name, address, and age
may not be known and reported, so that identification problems tend to come up. Since
there can be several persons having the same name, it is an imperative need that there is a
provision and practice to take photographs of those killed in action so that their family can
take home the dead bodies as per the law to perform their last rites. The absence of taking
photographs and hence, of proper identification mechanism is likely to lead to an increase
in the number of incidents of involuntary disappearances in future. It is high time that the
recording of statement (Muchulka) and incident notes are duly created, post-mortem
performed and photographs taken of the dead bodies in each incident.
In most of the cases, Maoist activists resort to socket bomb attack and
ambush blast targeting the security forces to badger, beleaguer and frighten
the forces, and then instantly escape the scene. Following this, the security
forces embarks upon search operations in the community of civilians by
lining up them on the queue, and beating, torturing and arresting them
indiscriminately. Such a practice is to blame for the civilians’ increasingly
negative feeling about the security forces.
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