(This is the third in a series of statements on the challenges facing democracy, rule of law and human rights in Nepal at present. The first and second statements appeared on March 31 and April 2, 2007)
One of the direct results of the April 2006 democratic uprising was to bring the Maoists into the mainstream politics of Nepal.
As part of the agreements that were to follow the Maoists abandoned the parallel justice system, meaning the police stations and courts which they had established in the areas that were under their control. With the abandonment of this parallel system the mainstream policing and court systems has now been reestablished in those areas.
The Maoists ‘police’ and ‘courts’ were severely resented by the people. These were used for extortion and political control and thereby worsened the grievances of the people. Thus the abandonment of the parallel system has brought a measure of relief to these areas. However, this also brings a serious challenge to the mainstream system of justice itself. The Nepali police are also known for extortion and the lack of respect for the rights of the citizens. Now the challenge is as to whether the new democracy in Nepal will include serious police reforms so that the evil aspects of the old system will be abandoned and a system of policing that is compatible with a growing democracy will be established. The challenge now is to ensure that the mainstream justice system functions to the satisfaction of the people and proves itself capable of providing adequate protection for them. If the system fails as it did in the past this will naturally undermine the realization of the aspirations and expectations of the April uprising.
Centuries of rule under the monarchy in which there was no respect for the rights of the people did not lead to any serious attempts for the development of a credible policing system within the country. While there were attempts in the direction of developing independent policing systems in neighbouring countries there was no such attempt in Nepal. In the neighbouring countries such as India there are also serious inadequacies in the type of policing systems that were created during colonial times and continued without adequate reforms even after independence. However, some limited developments towards the introduction of ideas and organizational methodologies took place in India while in Nepal even the attempt to introduce a policing system was rudimentary, even after the 1990s limited democratic reforms.
Under the rule of the monarchy it was the military that played a greater role in controlling civilian life. Even the rudimentary policing systems that grew later were very much under the control of the overreaching military scheme that prevailed in the country.
In the rudimentary policing system that developed extortion by the police prevailed unhindered. The Nepalis can cite numerous instances from daily life about the manner in which such extortion takes place. One well reported example of such extortion is as follows:
“Rai runs a local restaurant named the ‘Rock Bar Restaurant’ at Gangabu, Katmandu, which is under the jurisdiction of the Maharajgunj Ward police station. In mid-April the Inspector of Police Mr. Bishow Ram Khadka had called all businessmen within his jurisdiction to his police station and informed them that they must pay a monthly fixed sum of protection money to the officers.
Various amounts were fixed for different businesses and Rai was ordered to pay Rs. 20,000 for his small restaurant. In order to prevent trouble, some people agreed to pay the monthly protection fees while Rai stood firm and refused. Rai’s business is very small from which it would have proved very difficult for him to raise the money demanded by the officer. When Rai refused to pay the money, the officer threatened that he would close down Rai’s business. Soon the officer started sending in constables to Rai’s restaurant asking him to pay the money. Rai continued to refuse and foisted the constables off each time.
On 30 June 2006 at about 9.45pm, the Inspector of Police Mr. Bishow Ram Khadka along with a few other constables from the Maharajgunj Ward police station barged into Rai’s restaurant and took Rai and his friend Mr. Prem Lama into custody. The police officers acted viciously kicking Rai before throwing him into the police van. On arriving at the Maharajgunj Ward police station, Rai was beaten repeatedly with an iron rod until 2:00am the next day. Rai’s son witnessed the incident as he went to the station after hearing of his father’s arrest.
While beating Rai, the officers asked why he had failed to oblige the orders of the police. The Inspector shouted at Rai: “Why did you not come when I called for you?” “Are you above the police?” “Don’t you know that I am the relative of Khum Bahadur Khadka?” [Khum Bahadur Khadka is the former Home Minister] and so on. The police officers pounded Rai continuously to a point where he collapsed and had to be taken to hospital. Rai was admitted to Bir hospital for basic treatment and before he could recover, he was once again taken back to the police station for further torture. He was later released from custody and no charges were pressed against him.” Urgent Appeal 8 July 2006
Despite of local and international support the victim, Rai, had to abandon his claims due to excessive police pressure and the complete absence of witness protection in the country. Unfortunately, stories like that of Rai exist in abundance in Nepal.
A question that all political parties including the Maoists must now address is about the nature of the policing system that should exist within the new democratic framework of Nepal. However, this issue does not appear in the agenda discussed by any of the political parties. Perhaps engrossed in finding grounds for political coexistence, the minds of the local politicians have not yet delved into the type of major problems they will face in running the administration of the country in the years to come. The micro problems of administration may get lost as the macro problems of political settlements may occupy the political imagination of the country. However, events like the Gaur incident of March 21, which claimed 29 lives, and many such similar incidents are a rude reminder that problems of administration need also to be seriously discussed and agreements should be drawn up on these matters in these early days of democracy.
A burden is cast on civil society in particular to highlight the need for justice reform, including police reform, as a part of the package of a comprehensive plan of action to end impunity in Nepal. The demand for justice against past violations, if these are to be realised, must be accompanied with equally strong calls for urgent reforms in all aspects of the justice system. The need to exclude extortion from policing in Nepal must be kept in the forefront as a popular demand until such reforms are achieved.
