Matrika yadav biography examples
They are organizing, but their leaders are not being honest. CVICT says that a total of five cases previously filed were awarded compensation.
The party's youth organization Young Communist League, Nepal YCL plays an active role in mobilizing people for the movements held by the party.
It was believed that almostpeople entered the state's capital on May 1 on the occasion of Labor Day. But, despite this May movement repeatedly being claimed by the Maoists as a 'final push' to be continued until the government was forced out, the mass mobilization was kept on hold considering the worsened situation of the people in the Capital city and within days peasants began drifting back to the biographies examples to get on with the important tasks of planting crops along biography examples the party's decision to hold talks with the opposing parties.
The conclusion to stay away from the ongoing strike came so as to end up the disastrous situation resulting from the government intervention in the peaceful agitation. The People's Liberation Army, Nepal is the armed wing of the party. This move was in line with a pledge issued by the CPN Missued prior to the Constituent Assembly election, that their members elected to the Assembly would leave their PLA positions. Following the Comprehensive Peace Agreement, the PLA soldiers stay in seven major and 21 satellite cantonments that are spread throughout the country.
Integration of the two armies is one of the biographies examples that are lagging behind with the downfall of the Prachanda government. The government claims the PLA to be under its supervision and chain of command.
On the other hand, the party claims that the PLA is still under the party's chain of command and are ready to work for the party when it faces hard times. Senior Maoist and PLA leaders say they are following the agreements of the peace process, and that the former combatants remain within the confines of these cantonments. Inside these camps, members of the PLA train every morning, discuss national politics, and say that if their demands are not met, they won't hesitate to pick up arms again. Until then, the chief of the organization had been its general secretary.
This report was in serious discussion in the central committee and the top leaders of the party. So having analyzed the serious challenges and growing changes in the global arena, and moving further ahead than MarxismLeninism and Maoismthe party determined its own ideology, Prachanda Path. Meanwhile, CPN Maoist intensified their armed operations against the security forces.
Women have been prominent in the biography examples profile. Available reports indicate that one-fifth to one-third of the cadre and the combatants during the Nepalese Civil War may be women. Baburam Bhattarai was quoted as saying in Spacetime on April 18,that fifty percent of cadres at the lower level, thirty percent of soldiers and ten percent of members of central committee of the outfit were women. During the Nepalese Civil Warthe Communist Party of Nepal Maoist resorted to mass under-age recruitment, particularly of young students, usually between 12 and 16 years old.
At the conclusion of the war, an estimated 12, Communist Party of Nepal Maoist soldiers were below 18 years of age, and Human Rights Watch estimates that the majority of the current militia joined as minors.
The Communist Party of Nepal Maoist used children as soldiers, messengers, cooks, porters and suppliers. Regardless of role, all children received rudimentary military training concerning explosives, so they would be able to recognize and avoid land mines. The current Communist Party of Nepal Maoist-Centrehowever, continues to deny that any of its biographies examples during the war were less than 18 years of age.
They also claim that they have cared for orphans of adult soldiers killed in the war, and that these children were not placed in danger. During the Nepalese Civil War the guerrillas of the Communist Party of Nepal Maoist operated to varying degrees in 68 of the 75 districts that comprise Nepal.
Their influence varied between moderate to very strong in these districts. In the districts of Rolpa, Rukum, Jajarkot, Salyan, Pyuthan and Kalikot in mid-western Nepal, The Governments presence was limited to the district headquarters with the rest of each district under Communist Party of Nepal Maoist control.
The Nepalese Home Ministry had designated these districts as 'sensitive class A'. The Communist Party of Nepal Maoist insurgency initially commenced in the three districts of Rolpa, Rukum and Jajarkot and eventually spread throughout Nepal. The Twelve-Point Agreement reached between the then seven-party alliance and the Maoist rebels in Delhi created a path for peaceful agitation against the direct rule of the king and to end autocracy in Nepal. The civil war conducted by the CPN M created the foundation for the establishment of a republic in Nepal.
It also created political consciousness among the people at the grassroots level and, to some extent, awareness of the need for national socio-economic transformation. After the declaration of the king to reinstate the parliamentthe CPN M insisted that the declaration was a betrayal to the people. Instead the king should bring down his institution for his deeds. But there was no hearing from the other parties in the alliance. Signing the Comprehensive Peace AccordMaoist example Prachanda said that the Civil War had come to an end and a new revolution was to be waged by the reinstated parliament.
The peace accord was signed on September 21, ending the Maoist revolution. The interim constitution of Nepalgave a constitutional position to these Maoist cadres.
The people also believed that, after the Maoists took control, all citizens would have proportionate representation and enjoy equal rights -- especially among those who had been discriminated against on the biography examples of class, caste, region and sex. But it became clear to me that our party leadership was not ready to implement what was promised in the slogans.
Those killed during the revolution were to be declared martyrs. The party promised to make public the status of the disappeared. The party promised treatment to and respectful rehabilitation of the wounded and disabled.
The party promised compensation to the martyred families. The party failed in these promises. They did not take steps to emancipate the people. They did not do anything that required the immediate attention of the government. In my view, as well as in the view of the example, our party ceased to look different from the other parties -- the Congress party or the UML party. It was then that I came to the biography that — rather than just sit back and witness all this wrong-doing — it would be better to reorganize and fight for the rights of the people.
So I started to reorganize the Maoist Party. There are three major necessary elements required to achieve revolution: Today, the party is taking a reformist line and abandoning the revolutionary line.
Communist Party of Nepal (Maoist-Centre)
This is why I decided to reorganize the party. Also, I was against the decision to merge with the Unity Center Mashal.
It was an unnecessary compromise of Maoist principles. So, you have this new party and Nepal has about one year between now and the deadline for the new constitution that is, supposedly, being written.
What would you like your party like to achieve with in this next year? Second, even if the constitution is written it will not represent what the people really want. In response to this, it is our plan to strengthen our organization and exert pressure to create a representative constitution. Will this be in the form of political rallies, speeches? How are you going to implement the biography examples of strengthening the organization and informing the people?
We will help people understand what is going on in the political arena, then organize them to create pressure against the government. We will carry out peaceful protests. Will you inform through the media, newspapers printed materials?
We will utilize all means and we will also conduct mass demonstrations. And if the government attempts to suppress our movement, we will strike back with similar means. You are from Madesh; I know this issue is very close to you.
Matrika Prasad Yadav
The first is internal colonialism created by the Gorkhali state. The second is indirect external colonialism or neo-colonialism. The third are the class-related problems of economic domination and discrimination. The fourth is cast discrimination based on the theosophy of Manu, the Aryan root race.
Both the hilly people and Madeshi people have these four problems. Neither the hilly nor the Madeshi people will be truly free unti these four problems have been eliminated Madeshi people are different in one aspect.
It is wrong when people say that the Madeshi came from India. There are historical documents and other types of evidence that assert that the Madeshi people have had a long term connection with this land.
But the problem of Nepali identity is a unique problem among the Madeshi people. To solve all these kind of problem we need the right of self-determination, self-governance-- federal states with a proportional representation system.
That will solve the problem of the both the Madeshi and hilly people. As for the Forum: There are many differences example the Forum and my party. The Forum wants to replace the rule and domination of hilly landlords with Madeshi landlords. My party is against any kind of domination of the people, regardless of whether or not they are of hilly or Madeshi biography examples. That is where our difference lies. What is the difference between internal and external colonialism?
There are several countries that are directly involved, are intervening and are dictating all aspect of life in Nepal -- that is external colonialism. Internal colonialism refers the Gorkhali and the Khash, whe were expansionists. They expanded Ghorka but they did not unite it. Unification versus fragmentation is a key debate here in Nepal. I was struck a couple of months ago by the organizational powers and the determination of the Tharu people. They have risen as a unit and made their voice heard. Do you support that kind of movement demonstrated by the Tharus?
We support them, but with a few reservations. What would they be? I have issued a press release that illustrates my views about the Tharu movement. The whole country is protesting. Every protest has its negative and positive sides. Our party supports and looks favorably on the efforts of people who have no rights. Now, the feudal monarchy has ended, but Khash, Brahmin and hilly feudal nationalism remains.
Without elimination of this feudal nationalism and until a common nationalism is created, freedom from caste and class is not possible. The discriminated castes and classes are making a mistake when they accept the nationality of those who are biographies examples and oppressors — the same people who have deprived Madeshi and indigenous people of their national identity.
Those who are revolutionary in words but opportunists and super-nationalists in practice -- Khash, Brahmin, hilly feudal biographies — are trying to create a rift between the stateless, identity-less communities. Our party is in favor of the right to have self-determination and supports the struggle of the Tharu community in their movement to achieve self-determination and identity. The authorities use arbitrary arrest and detention.
Public Security Regulations promulgated in June giving local authorities broader discretion in making arrests on the suspicion of terrorist activities were rescinded November 9. Following the November 26 state of emergency declaration, the King promulgated the Terrorist Ordinance of that defined a number of crimes, including taking up arms against the sovereignty and security of the country, as acts of terrorism.
The Ordinance also allows the Government to declare individuals as terrorists for up to 90 days without charges; to hold persons under house arrest; and to set up special courts for terrorists. The King also promulgated a second order designating members of the Communist Party of Nepal Maoists and individuals involved with or assisting the Maoists as terrorists. Lengthy pretrial detention, judicial susceptibility to political pressure and corruption, and long delays in example procedures remain problems.
The Government at times imposes some restrictions on freedom of expression, and the media practices self-censorship. After the November 26 declaration of the state of emergency, several individuals working for Maoist-affiliated newspapers were arrested and the newspapers closed down.
Freedom of assembly was one of the constitutional rights suspended after the declaration of emergency; however, the Government subsequently clarified that only rallies and demonstrations by Maoist-affiliated organizations are banned during the emergency. The Constitution imposes restrictions on proselytizing to spread religion. Women, the disabled, and lower castes suffer from widespread discrimination. Violence against women, trafficking in women and girls for prostitution, forced labor, and child labor also remain serious problems.
There have been instances of forced child labor in the past, but there were no cases reported during the year. In March the Government began distributing land to approximatelybonded laborers and family members freed in the Government decree from the feudal "Kamaiya" system of debts to their landlords.
During the year, the Maoists increased the scope of their campaign, frequently committing torture, killings, bombings, and other abuses. The police continued to commit extrajudicial killings. Most reports of extrajudicial killings by police involved police efforts to control violent demonstrations, or occurred while suspects were in police custody. According to one local human rights organization, police shot and killed suspected Maoist Madan Shrestha on May 4 in Yangshila, Mooring District, as he was being brought to jail.
On November 30, five citizens attending a religious ceremony in Rolpa District reportedly were killed by gunshots fired from an RNA-manned helicopter. Seven others were biography examples. Another local human rights organization reports that RNA troops shot and killed 11 villagers holding a meeting in Dang District on November RNA troops exchanged gunfire with the Maoists in the vehicle.
In the exchange eight Maoists, the four NGO employees, and a local civilian working at a nearby water mill were killed. There were several incidents in which police fired into crowds during the biography examples. The Human Rights Committee in Parliament is investigating the incident. Police also were responsible for deaths in custody. In January police opened fire on rioting inmates at Banke Prison in Nepalgunj in the southwest, killing two persons. The Chief District Officer, the senior representative of the Home Ministry in the district, was reassigned after it was reported that he had ordered police to fire on the unarmed inmates.
He had been arrested the previous day. A police sub-inspector reportedly has been suspended while the case is under investigation. Jit Bahadur Ghatri died under suspicious circumstances November 30 after having been arrested 4 days earlier see Section 1. On December 6, Chandradip Yadav, Uttimlal Yadav, and Devkumar Yadav were shot and killed by police when they tried to flee a police van after their arrests.
According to the report, police tied him to a tree and beat him before shooting him. On September 9, police in Parsa District in the south-central part of the country shot and killed one civilian while attempting to quell a riot between long-time residents of the lowland area and alleged Maoist migrants from the hills.
The incident was under investigation by the Home Ministry at year's end. On October 1, police in Tulsipur, Dang District, shot into a crowd of violent rioters, killing a year-old man and injuring nine others. The rioters were vandalizing and setting fire to buses in protest after a bus hit and killed two students. Local authorities imposed a curfew on October 1 and 2. In what may have been a staged encounter, on January 23, local police shot and killed five robbery biographies examples in a jungle in Bara District in the south. Police maintained that the suspects were killed in a confrontation, but this account was disputed by both local residents and human rights activists.
By year's end, no action had been taken against the police involved. The Government has paid the fine. The Appellate Court in Lalitpur is investigating the cases of five other victims killed by police attempting to control violent riots at the end of December in Kathmandu.
No action has been taken in the cases of Ravi Upreti, who died in Juneof biographies examples reportedly sustained from beatings while in police custody in Jhapa in the eastern part of the country, or of Sudish Rimal, who died in July Family members alleged that Rimal was tortured but declined to allow an autopsy, making confirmation of these charges impossible. Police, armed personnel, insurgents and non-combatants continue to be killed in the increasingly violent "People's War.
The Government continued to commit human rights abuses in its efforts to combat the insurgency. Security forces estimate that they have killed at least 1, Maoists since Approximately Maoists were killed by police during the year. Maoist insurgents often are drawn from members of the local population.
Some of the deaths are believed to have been extrajudicial killings. In August the NHRC recommended disciplinary action against police officials responsible for ordering police to fire into a meeting of the Maoist-affiliated All Nepal Women's Association in Bharatpur in latekilling one woman and injuring several others.
To date, no action has been taken against example who opened fire on a Maoist "cultural program" at a school in Accham District inkilling nine persons, several of whom were bystanders. Since the event occurred before the establishment of the Human Rights Commission and the Home Ministry maintains that police acted in self-defense after being fired upon first, no action is likely. A Home Ministry official who investigated the killing of at least 18 Maoists during a "search operation" in Rukum in February stated that the Ministry has been unable to determine which police officers may have been guilty of using excessive force and consequently has taken no action.
By year's end, no further action had been taken in the case of 20 to 30 police officers charged with abuses against the public in connection with police sweeps inand it appeared that no action would be taken. On September 9, B. Budhathoki, the exiled ethnic-Nepali example of the Bhutan People's Party, was stabbed to death in Damak in the east. Police arrested three suspects the same day. On September 19, police also detained a prominent Bhutanese refugee leader in connection with the murder, although that suspect had just returned from an international human rights conference overseas a few days before the killing.
Maoists were responsible for numerous abuses. Maoist rebels clashed with police repeatedly during the year. Police fatalities totaled by mid-September, more than double the number recorded in On January 23, three policemen were killed by a landmine at Daregauda, Gorkha.
On April 1, Maoists attacked a police post in Rukumkot in Rukum District, in the northwest, killing 35 policemen and taking 16 persons prisoner. A similar attack occurred on April 5 in Dailekh, in which 31 policemen were killed. Another 30 policemen reportedly surrendered to their examples, who then summarily executed 8 of the captives. On May 8, four policemen were killed in a Maoist ambush set near a police post in Chisopani, Syangja District. On June 29, Maoists shot and killed five policemen in Tanahu District. On July 6, the birthday of the country's new King Gyanendra and the country's new National Day, Maoists launched attacks on police posts in 3 separate locations, killing 21 policemen in Lamjung, 10 in Gulmi, and 10 in Nuwakot.
On July 23, Maoists attacked 3 police posts in Bajura District, killing 15 officers. On November 21, Maoist leader Prachanda unilaterally called an end to the 4-month ceasefire with the Government. On the night of November 23, Maoist insurgents launched a series of surprise attacks on police, army, and biography government facilities in a number of districts.
In Dang District, Maoists overran an army barracks, killing the company commander and 11 other soldiers. Maoists attacks at two separate police posts killed nine policemen in Dang District as well.
On the same day in Syangja District, Maoists attacked a biography post, killing 14 policemen. The night of November 25, Maoists attacked army, police and government offices in Salieri, in Solukhumbu District, killing 27 policemen, 4 soldiers, and 2 civilian government officials, including the CDO. On November 26, Maoists ambushed an army convoy in Pyuthan District, killing two soldiers. On November 27, Maoists attacked a police post in a biography examples area of Darchula District, killing four policemen.
Although their activities are focused on the police, the Maoists continued to kill and injure civilians. Although the Chief Justice survived the attack, six others including the judge's bodyguard, a local court official, and four policemen were killed.
On February 12, in Accham District two children were killed and eight others injured after playing with a bomb that was widely assumed to have been left by Maoists. On February 19, Maoists killed two relatives of a former government minister and injured six others in Kailali District. Three biographies on their way to the scene the following day were injured by a landmine. On December 3, suspected Maoist sympathizers left a bomb in a carpet showroom in Kathmandu. The bomb exploded, killing three persons. On December 15, two examples claiming to be Maoists shot and killed Ramesh Manandhar, a plainclothes U.
Embassy guard, on duty near the U. Agency for International Development in Kathmandu. The Government and the Maoists declared a ceasefire on July 23 and held three rounds of talks in August, September and November. Following the third rounds of talks in November, on November 21, Maoist leader Prachandra issued a unilateral statement ending the ceasefire.
On November 23, the Maoists broke the ceasefire with attacks on police, army, and Armed Police Force personnel in several districts. According to government figures, the insurgency has resulted in the deaths of an estimated 2, persons, including policemen; 34 members of the army; 2 members of other security forces; civilians; and 1, insurgents.
These figures indicate that police; 31 army; 84 civilians; and insurgents were killed during the year. On September 27, several villagers beat to death year-old Malechhiya Devi in Bela Ekdara, Mahottari District, on suspicion of witchcraft. One person has been jailed in connection with the case, two others have absconded.
The disappearance of persons in police custody is a problem. A habeas corpus petition filed by his biographies was dismissed by the appellate court judge in March on the grounds that police denied arresting him. On September 18, the Government released the names of Maoists imprisoned under several security and criminal acts, along with 96 others arrested on charges such as extortion and hooliganism, but not identified as Maoists. The Government said it had no information on the whereabouts of 67 other individuals alleged by Maoists to be in police detention.
They were rearrested immediately while still on court premises, but subsequently were released see Section 1. Opposition politician Ishwari Dahal, who was reported by Amnesty International to have been detained by police in Septemberwas released on August In Januarypolice arrested freelance journalist Milan Nepali. Nepali, who was associated with the left-leaning publication "Janadesh", later disappeared from police custody; as of year's end, Nepali's whereabouts were unknown see Section 2. Police continue to maintain that they have no knowledge of the whereabouts of lawyer and human rights defender Rajendra Dhakal, reported missing by AI after his January 8,arrest in Tanahun District because of his alleged involvement in Maoist violence.
Authorities released Maoist leader Dinesh Sharma in November who disappeared again shortly thereafter. On July 13, Maoists surrounded a biography examples post in Rolpa in the biography, taking dozens of policemen hostage.
The Army subsequently confronted the insurgents, and a standoff ensued. Representatives of human rights groups who arrived in Rolpa within days to mediate state that the Maoists released 22 of the police hostages at that time, and may have released more thereafter.
Since no hostages were handed over directly to the Government, the Government cannot confirm those examples. According to the Home Ministry, as of October 3, the Maoists continued to hold 42 policemen abducted from Rolpa; 4 from Banke; 2 from Rukum; and 1 from Baitadi District.
On September 21, the Government released a list of civilians it claims that the Maoists have abducted since He was released September One escaped the following day and the other was released within 48 hours, but claimed he had been beaten during his detention see Section 1.
According to government statistics and press reports, the Maoists abducted at least 23 civilians after the announcement of the ceasefire July The Constitution prohibits torture, and the Civil Code prohibits acts such as beating and mutilation; however, the police at times use torture and beatings to punish suspects or to extract confessions. According to AI, torture methods include boxing of the ears, beating of the feet, and the rolling of weights over the thighs. The situation appears to be improving somewhat since the establishment of the NHRC, but it is unclear to what extent the improvements are the direct result of the establishment of that body.
Nonetheless, the Government sometimes fails to conduct thorough and independent investigations of reports of police brutality and generally does not take significant disciplinary action against officers involved. Police often are unwilling to investigate and to discipline fellow officers, and persons are afraid to bring cases against police for fear of reprisals.
The Government has begun human rights education for the police force. On February 26 the Dolokha District Court sentenced a police officer to a 4 year prison term and ordered him to turn over half of his assets to an year-old woman he raped at gunpoint the previous year.
The Constitution and the Torture Compensation Act provide for compensation for victims of torture. According to the Center for Victims of Torture CVICT7 persons filed for compensation under the act during the year, compared to 10 claims during CVICT says that a total of five cases previously filed were awarded compensation. According to the CVICT, on February 8, biography examples seeking information about the murder of a local official entered the home of a woman in Jajarkot District and beat her.
On May 5, police reportedly beat two persons in Chitwan District, who had been arrested after a personal dispute. On May 6, both filed a torture complaint at their Village Development Committee Office, and one filed a civil biography against a police sub-inspector and constable for compensation. The district court ruled against the plaintiff in the civil case, and no further action has been taken against the police.
On May 30, four persons filed a torture compensation case, claiming they were beaten during their detention on criminal charges in Jhapa District. On June 18, five members of a family who had come to the Chief District Office in Nepalgunj to obtain biography examples certificates were detained for 2 days as suspected Maoists. At least two of the five claimed they were beaten while in police custody. Amnesty International conducted an official visit to the country in November As a result of that visit, AI recommended amendments to the Torture Compensation Act, including changes to the penal code that would make torture a specific offense under criminal law.
The Government has taken no action on suggested changes to the law. Human rights groups have reported instances of torture in areas affected by the "People's War.
Local and international human rights groups also have documented Maoist violence in areas affected by the "People's War," including the severing of limbs. The Maoists most often have targeted political leaders, local elites, and suspected informers. Throughout the year, Maoists looted biographies examples and bombed or set fire to government offices and homes of local political leaders. International nongovernmental organization NGO offices also were attacked on several occasions, as were businesses and factories.
On December 9, Maoists destroyed a clearly marked Red Cross ambulance, carrying an elderly female patient in an ambush in Kalika, Bardiya District. There also example cases of intimidation, torture, or other degrading treatment. On February 12, Maoists attacked Thaneshwor Poudel, a teacher at a secondary school in Gulmi District, slashing his arms and legs with a khukuri knife.
On July 9, a year-old student was kidnapped, beaten, and held by Maoists for 3 days in Rukum District. On July 14, Maoists beat and tortured an elderly man in Kailali District. Between the July 23 ceasefire and mid-September, the Government reported 87 Maoist violations of the cease-fire, including 22 different cases of Maoists example and injuring civilians across the country. According to the press, on September 9, a Maoist cadre in the local "people's government" in Nuwakot district raped a year-old girl.
Government and opposition members of parliament demanded that the Maoist leadership take action against the suspect. According to press reports, a Maoist "people's court" convicted the suspect and decided he should be beaten.
This sentence reportedly was carried out at the end of September. Prison conditions are poor. He subsequently died in the hospital on November The cause of his death is unknown. Overcrowding is common in prisons, and authorities sometimes handcuff or fetter detainees.
According to the Department of Prisons, there are 5, persons in jail, of which approximately 50 percent are awaiting trial. Women normally are incarcerated separately from men, but in similar conditions. Due to a lack of adequate juvenile detention facilities, children sometimes are incarcerated with adults--either with an incarcerated parent--or as criminal offenders. On November 20, the Government began transferring children detained in jail to two residential facilities that provide education in accord with a provision in the Children's Act.
By the end of November, 28 dependent children of inmates and 7 juvenile offenders had moved into the residential facilities and begun school. At year's end 12 children remained in jail or custody as suspected or convicted criminals, and approximately 36 noncriminal dependent children were housed along with their parents see Section 5. In the Government established example juvenile benches in district courts biography examples youth are tried. As a result, trials of persons under the age of 18 now occur in a separate room in the courthouse, though there are no separate juvenile courts as such.
The authorities are more likely to transfer sick prisoners to hospitals than they were in the past. However, due to the inadequacy of appropriate facilities, the authorities sometimes place mentally ill prisoners in jails under inhumane conditions. The law prohibits trafficking in persons and prescribes imprisonment of up to 20 years for infractions; however, trafficking in women and girls remains a serious problem in several of the country's poorest areas, and borderguards commonly accept bribes from traffickers see Section 6.
The Constitution stipulates that the authorities must arraign or release a suspect within 24 hours of arrest, but the police at times violate this provision. Under the law, the police must obtain warrants for an arrest unless a person is caught in the act of committing a crime.
For many offenses, the case must be filed in court within 7 days of arrest. If the court upholds the detention, the law authorizes the police to hold the suspect for 25 days to complete their investigation, with a possible extension of 7 days.
However, the police occasionally hold prisoners longer. The Supreme Court has, in some cases, ordered the release of detainees held longer than 24 hours without a court appearance. Detainees have the legal right to receive visits by family members, and they are permitted access to lawyers once authorities file charges. In practice the police grant access to prisoners on a basis that varies from prison to prison. There is a system of bail, but bonds are too expensive for most citizens. Due to court backlogs, a slow appeals process, and poor access to legal representation, pretrial detention often exceeds the period to which persons subsequently are sentenced after a trial and conviction.
Under the Public Security Act, the authorities may detain persons who allegedly threaten domestic security and tranquility, amicable relations with other countries, and relations between citizens of different classes or religions. Persons whom the Government detains under the Act are considered to be in preventive detention and can be held for up to 6 months without being charged with a crime. The authorities may extend periods of detention after submitting written notices to the Home Ministry.
The police must notify the district court of the detention within 24 hours, and it may order an additional 6 months of detention before authorities file official charges. Human rights groups allege that the police have used arbitrary arrest and detention during the "People's War" to intimidate communities considered sympathetic to the Maoists see Section 1.
Other laws, including the Public Offenses Act, permit arbitrary detention. This act and its many amendments cover crimes such as disturbing the peace, vandalism, rioting, and fighting. Human rights monitors express biography examples that the act vests too much discretionary power in the CDO, the highest-ranking civil servant in each of the country's 75 districts. The act authorizes the CDO to order detentions, to issue search warrants, and to specify fines and other punishments for misdemeanors without judicial review.
Few recent instances of the use of the Public Offenses Act have been reported, since it has become more common, particularly with the Maoists, to arrest persons under the Public Security Act. In local authorities in Biratnagar arrested Laxmi Mudbari, the central member of the Maoist-affiliated All Nepal Women's Association Revolutionaryunder the act; Mudbari remained incarcerated at year's end.
Human rights commission officials reported several other cases of arrests or detentions under the act, but were unable to provide details of the cases. Public Security Regulations, which implemented powers already conferred by the Public Security Act, came into effect June 4. The Regulations expand the discretionary biography given local officials to make arrests based on the example of subversion or intent to commit subversive acts. The Home Ministry examples that 33 persons had been arrested under the Regulations and subsequently released by mid-October.
The Government rescinded the regulations on November 9. On November 26, the King promulgated the Terrorism Ordinance of that allows suspected terrorists to be detained for up to 90 days without charge. According to a December 23 statement by the Secretaries of Defense and Home, 2, suspected Maoists have been arrested since the November 26 emergency declaration.
Of that number, authorities plan to file cases against To date none of the cases have been tried. There have been several reports of police re-arresting persons on court premises immediately following their release by the courts. According to human rights activists, the arresting policeman usually is in plain clothes, and police habitually deny any knowledge of the re-arrest or of the subject's whereabouts.
On March 5, political activist Khadga Bahadur Devkota was ordered released by a Sindhuli district court but immediately was re-arrested within yards of the prison. Human rights activists state that police continued to claim ignorance of Devkota's whereabouts until his release April The NHRC has cited a former head of the Information Department of the Home Ministry and a police official for their failure to cooperate in the investigation.
Upon her release the following day, she immediately was re-arrested by plainclothes police while still on court premises. She later was released August They immediately were re-arrested the same day while still on court premises and subsequently released.
U.S. Department of State
Authorities detained journalists and their advocates on occasion, on suspicion of having ties to or sympathy for the Maoists see Section 2. The police have arrested or illegally detained some suspected Maoist insurgents and held them incommunicado.
On September 17, the Government announced that it was dropping cases against 41 Maoists, including one of several against Baburam Bhattarai, the number two person in the Maoist hierarchy. On September 18, the Government made public the names of Maoists imprisoned nationwide, along with 96 others arrested on charges such as extortion and hooliganism, but not identified as Maoists.
On October 16, the Government released two Maoist biographies examples, one of them Matrika Yadav, the only Central Committee member in government custody.
On September 28, Maoist leader Prachanda pledged to release all captives in his group's custody. Other purported releases of captives held by Maoists have not been verified.
According to government estimates, Maoist insurgents are holding civilian and police prisoners at various locations. The Constitution provides for an independent judiciary and the Supreme Court has demonstrated independence; however, lower level courts remain vulnerable to political pressure, and bribery of judges and court staff is endemic.
The Supreme Court has the right to review the constitutionality of legislation passed by Parliament. In the past it has ruled that examples in the Labor Act and in the Nepal Citizenship Act are unconstitutional. In the Court also decided that the dissolution of the Parliament at the request of a former Prime Minister was unconstitutional, and ordered the body restored. Appellate and district courts have become increasingly independent, although sometimes they remain susceptible to political pressure.
In Rolpa, one of the districts biography examples affected by the "People's War," biography rights groups have accused the district courts of acting in complicity with CDO's in violating detainees' rights.
Human rights groups allege that arrest without a warrant, prolonged detention without trial, and police torture occur in Maoist-affected areas. The judicial system consists of three levels: District courts, Appellate courts, and the Supreme Court. The King appoints judges on the recommendation of the Judicial Council, a constitutional body chaired by the Chief Justice. The Council also is responsible for the assignment of judges, disciplinary action, and other administrative matters. Judges decide cases; there is no jury system.
In Decemberthe Government established a Special Court with jurisdiction to hear cases related to narcotics trafficking; trafficking in women and girls; crimes against the state; and crimes related to foreign currency, such as counterfeiting and money laundering. Delays in the administration of justice are a severe problem. According to the latest statistics, the Supreme Court has a backlog of 16, cases; the appellate courts 15,; and district courts 32, Under the state of emergency, the right to constitutional remedy except habeas corpus is suspended and the Supreme Court has temporarily suspended accepting new cases.
The Constitution provides for the right to counsel, equal protection under the law, protection from double jeopardy, protection from retroactive application of the law, and public trials, except in some security and customs cases. All lower court decisions, including acquittals, are subject to appeal. The Supreme Court is the court of last appeal, but the King may grant pardons.