The Asian Human Rights Commission (AHRC) has been informed that army Lieutenant General Rukmangat Katuwal was appointed as army Chief of Staff of Nepal on September 10, 2006, by Prime Minister Girija Prasad Koirala. Mr. Katuwal, who was set to retire before this appointment took effect, stands accused of being responsible for a plethora of human rights abuses. It is alleged that gross violations of human rights and humanitarian law were perpetrated while Mr. Katuwal was the regional army chief in Nepalganj, in command of the Mid-Western Divisional Headquarters, from 29 December 2003 to 10 September 2004. During his tenure, the mid-western part of the country experienced systematic and gross violations of human rights. Mr. Katuwal is also under investigation for abuses committed during the popular pro-democracy uprisings in Nepal in April, 2006.
The AHRC is shocked to find that a person under investigation for human rights violations has been appointed as Army Chief of Nepal. The signal that this appointment sends out to past or potential human rights violators is that impunity still prevails in Nepal, despite the hopes that the political changes in 2006 had brought about. Ironically, the Prime Minister of government that was established following the democratic uprisings, Girija Prasad Koirala, has appointed Mr. Katuwal, who is accused of having suppressed this movement, to the top military job in the country. This has led to widespread criticism of the government and, in particular, the Prime Minister.
The AHRC released a statement on August 31, 2006 concerning the blanket impunity being enjoyed by members of Nepal’s military with regard to past abuses, citing the example of Mr. Katuwal and his potential appointment as a point in case and a matter of grave concern. This statement, which includes a list of the numerous human rights violations that are alleged as having been committed under Mr. Katuwal’s command can be found here: http://www.ahrchk.net/statements/mainfile.php/2006statements/714/. The allegations include the use of torture, the launching of aerial attacks that result in the killing of civilians, extra-judicial executions of Maoist insurgents as well as civilians, the burning down of houses, forced disappearances, death threats to journalists attempting to cover incidents as well as the killing of one journalist. In several instances, the killing of civilians is blamed on “crossfire” or encounter incidents.
An example that illustrates the grave nature of the alleged abuses is the case of 18-year-old girl Junkiri Thapa of Kalika VDC-4, who was reportedly arrested by the security forces on March 17, 2004, in Padnaha VDC-9, Bardiya District. She was reportedly forced to carry a spade to a local nursery and to dig a pit in the ground. She was then executed and buried in the pit that she had been forced to dig.
Mr. Katuwal is under investigation by a High Level Probe Commission that was established by the government in the wake of the April peoples’ movement. The commission is only mandated to investigate the cases of human rights abuses that occurred since the ‘royal coup’ on February 1, 2005. The High Level Probe Commission is only investigating Mr. Rukmangat Katuwal’s role with regard to abuses that occurred during the April 2006 popular uprising. It is alleged that he had played a key role in ordering the suppression of demonstrations and the human rights abuses that accompanied the security forces’ actions at that time. The commission in question does not have the mandate to investigate the numerous allegations of other grave human rights violations for which Mr. Katuwal is reportedly responsible, as they occurred before February 1, 2005.
Separately, the AHRC has learned that a writ petition was filed with the Supreme Court on 11th September, 2006 challenging the government’s decision to appoint Mr. Katawal as army Chief of Staff. A similar petition had reportedly previously been filed claiming that Mr. Katawal joined the army using documents with a false date of birth and that he should have retired four years ago.
In appointing a person who is under investigation for abuses of human rights, notably against the recent pro-democracy movement, as well being accused of many more abuses in the past, the government is effectively sanctioning the grave and widespread abuses that mar Nepal’s past. It has also failed to create a deterrent for future violations. It is vital that the authorities immediately remove Mr. Katuwal from the position of Army Chief.
The AHRC calls upon the House of Representatives to take a firm stand on this issue and ensure that the appointment of Lieutenant General Rukmangat Katuwal is rescinded. Parliamentarians have previously raised questions and concerns with regard to this appointment. The AHRC calls upon the members of Parliament to continue to voice their concerns and to ensure that this appointment is annulled without delay. No person under investigation or accused of human rights abuses should be appointed to any official positions or promoted within the military until investigations have been completed, exonerating the person of any wrongdoing. Rather than enshrining impunity as a foundation of Nepal’s new system, the current government must guarantee that all allegations of human rights violations are thoroughly and impartially investigated by an independent body and tried before a civil court.
