The attention of this committee has been drawn towards the lackluster performance of police authorities in carrying out effective investigation in connection to the arrest, torture and subsequent killing of juvenile Maina Sunuwar, a permanent resident of Kharelthok, Kavre District, by the then Royal Nepal Army four years ago.
After the authorities concerned failed to investigate into the case for two long years, the mother of the deceased, Devi Sunwar, had filed the FIR at District Police Office, Kavre, on 6 Dec 2005 demanding appropriate investigation as per the existing judicial provisions. It may be noted that the Government Cases Act ?2049 exacts an immediate action from the police authorities with regard to such FIRs. Considering over a writ petition of mandamus lodged before the apex court demanding directives against the authorities to conduct a thorough investigation over the case that was unnecessarily held in abeyance for a long time, the court, deeming the case as sensitive, passed a decree on 18 Sep 2007 directing the defendants to carry out and furnish the findings of the investigation within three months of the order’s issuance.
Since there has not been any significant progress in this case like arresting murderers as pinpointed in the FIR, collection of evidences regarding the incident, interrogation of and depositions from the alleged individuals, inquiring eye-witnesses, identifying people actively bent on covering-up the incident and the obvious failure of the police to procure important testimonials and documents used during the verdict of the Military Court of Inquiry, we conclude that a deliberate attempt has been made to muffle up the impact of the case and to simultaneously let off the alleged criminals scot-free.
Owing to the nexus of high-ranking army personnel in the case, there are no firm grounds to be assured of the fact that the police are alone capable of carrying out an impartial, independent and effective investigation as per the Apex Court’s directives. At this precarious juncture, we, therefore, demand the formation of a special investigation team under the aegis of National Human Rights commission and the Office of High Commissioner of Human Rights in Nepal (OHCHR-Nepal) to forward the procedures of investigation in this connection.
Mandira Sharma
Coordinator
Accountability Watch Committee
E-mail: nepalaccountability@gmail.com
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984. The above statement has only been forwarded by the AHRC.
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