Dr. Baburam Bhattarai Stays On-Part 42

(Defending The Perpetrator Of Human Rights Violence)
Siddhi B Ranjitkar

The British Police arresting Colonel Kumar Lama: allegedly a perpetrator of human rights violence in Nepal marks the watershed in the history of bringing the perpetrators of human rights to justice in Nepal. Some political leaders, the government of Nepal, and the Nepal Army have sharply protested against the arrest of the colonel Lama, and even demanded his unconditional release. However, the local and international human rights have applauded the actions of the British Police arresting the Nepalese Colonel in Britain. Only the leaders and officials having the criminal mindsets could defend the perpetrators of human rights violence. So, it is no wonder that the government of Nepal has not set up a ‘Truth and Reconciliation Commission, and Commission on Enforced Disappearances’ to complete the peace process.

Colonel Kumar Lama had been serving in the UN Peace Mission in South Sudan. His spouse and two daughters are in Britain. His spouse is a nurse working in Britain. Colonel Lama went to Britain to enjoy the Christmas and New Year holidays. The Metropolitan Police officers held the 46-year-old Colonel Lama at his East Sussex home on Thursday, January 3, 2013 following the information supplied by a third party in the UK relating to allegations of torture. Detectives with specialist experience of war crimes arrested the colonel under Section 134 of the Criminal Justice Act, a law that defines torture as a "universal jurisdiction" crime. This means he can face trial before a British court even if his alleged offences had nothing to do with the UK. The police have charged him with intentionally "inflicting severe pain or suffering" as a public official on two incidents that allegedly occurred between April and May 2005 at the Gorusinghe Army Barracks in Nepal. Hearing on the case, District Judge Quentin Purdy ordered the 46-year-old Colonel Lama to remain in custody before he appears at the Old Bailey in London on January 24, according to the BBC news.

The arrest of Colonel Lama in Britain provoked the strong reaction of the Government of Nepal. Deputy Prime Minister-cum-Foreign Minister Narayan Kaji Shrestha said, "The arrest of Lama, who has been serving in the United Nations mission in Sudan, without informing the concerned government and without any evidence, is against the general principle of international law and jurisdiction of a sovereign country. We express strong objection to this mistake and urge that it be corrected... and Lama be released." Minister Shrestha summoned the UK ambassador in Kathmandu to protest and instructed the Nepalese embassy in London to submit a protest note to the Downing Street.

Nepalese political parties such as UCPN-Maoist, NC, and CPN-UML and their leaders have vehemently protested the arrest of Colonel Kumar Lama in Britain. All of these political parties have the background of terrorizing the people in the past. For example, NC cadres were considered as the terrorists in 1940s, cadres of the current CPN-UML in 1970s, and of UCPN-Maoist in mid 1990s and early 2000s. Some of the leaders of all these political parties have not discarded their terrorist mindsets. Some of them are even convicted by the law court but forcibly remaining free with impunity.

Nepal has had a recent 10-year long conflict between the Maoists and the Government of Nepal from 1996 to 2006. More than 13,000 Nepalis lost their lives in the hands of both the Maoists and the Nepal Army. During this 10-year period, Nepalis underwent untold sufferings perpetrated by both the Maoists and the Nepal Army. The Maoists drove most of the well-off rural people out of their homes, and seized their property. The Nepal Army in turn made anybody even slightly suspected of being a Maoist enforced disappearance or killed on the spot. Thus, Nepalis suffered from both the Nepal Army and the Maoists. Such things happened in 1940s, when the NC cadres fought against the State, and in 1970s when the current CPN-UML cadres fought in 1970s.

Even in the Kathmandu Valley, everybody feared the knocking at their doors by the Nepal Army soldiers at midnight or receiving anonymous calls from the Maoists. The Nepal Army soldiers might come to anybody’s house and knocked the door at midnight. They might ask you to open everything you have in your home. They might even take your valuables such as jewelry and even you with them. If you were taken then you would have a little chance of coming back home. The Maoists also made calls to anybody they thought had a lot of money. They set the amount of money you would need to surrender to them if you had a call from them.

One of our relatives had had his staff taken by the Nepal Army. He went to the Army Headquarters to check why his staff was taken and where he was. Instead of giving the reason for taking his staff, and telling our relative whereabouts of his staff, the Nepal Army personnel blinded folded him and took him, too. Fortunately, his father was once a teacher of the then-Crown Prince Dipendra. One phone call of his father to the palace was enough to bring our relative back home but everybody had no such access to the palace, and was not fortunate to come back home. Unfortunately, anybody taken by the Nepal Army never came back home. So, anybody could imagine how Nepalis had lived in terror of falling in the hands of the Nepal Army.

Another story of the atrocities committed by the Nepal Army was a woman shot by the Nepal Army. A woman was doing her laundry in an open area in the rural Nepal where the Nepal Army personnel had been patrolling. Seeing the soldiers coming with fearful guns in their hands, the woman simply ran away from the army. However, the soldiers shot the innocent woman dead for nothing. The soldiers must have shot her for fun, as she was simply doing laundry, and feared of the monstrous soldiers, and fled. The Nepal Army soldiers killed anybody they did not like and later labeled them as the Maoists. Probably, they had the search-and-kill order. Thus, the Nepal Army had provoked the profound hatred not only against the Nepal Army but also against the then king: the Supreme Commander of the Nepal Army.

In the mid December 2005, a drunken Nepal Army soldier killed 12 revelers at the temple to the Goddess Kali Devi on the Chihan Danda hill in Nagarkot about 28 km east of Kathmandu. Another soldier killed him stopping him killing any more innocent worshippers on the eve of the full moon day. The Bhaktapur District Administration was about to label all the dead people as the Maoists but the area was so near to the Kathmandu Valley the media people reached there before the officials could cover up the murderous event. The then-President of NC Girija Prasad Koirala was in the opposition, and holding street protests against the government. He promised to make inquiry into the Chihan Danda killings but he quickly forgot after he became the prime minister in 2006. The Nepal Army did not take any action against the soldier that killed his colleague, and did not make the report on the killings public. Thus, the Nepal Army could kill anybody with impunity.

The Maoists in turn killed many innocent people for their only sin is of possessing some property. The Maoists also killed anyone they thought that s/he had betrayed them. Certainly, they killed police and the army in the fight. They thought that they could kill anybody in the name of the People’s Liberation War. The Maoists also terrorized the common folks demanding enormous amount of money from the people. They forced the people to cook and feed their militia in the rural areas.

Thousands of the rural people with some assets fled their homes. They went to live at the district administrative headquarters. Richer people went to live in urban areas such as Pokhara, Nepalgunj, Bhairava, and so on. Even richer people came to Kathmandu to live and escape the terror of the Maoists.

Even in the Kathmandu Valley, the Maoists collected money from the business people and others they thought they were rich otherwise they bombed them. Thus, refusal of meeting their demands means simply destruction. So, occasionally pressure-cooker bombs went off elsewhere in the Kathmandu Valley at that time.

One of our relatives paid off Rs 60,000 to the caller apparently a Maoist. Our relative had a small café restaurant. We did not know how long it took him to make Rs 60,000 that he paid to the self-declared Maoist at one telephone call. The Maoist threatened to bomb the restaurant if he did not pay the money. Our relative paid the money without questioning, as questioning would mean more trouble for him. Similarly, another relative got a call from the man calling himself a Maoist and demanded Rs 100,000. He was a retired government high official but he did not have that much of money to spare for the Maoists. Fortunately, he had somebody that had a link with the Maoists. So, our relative called him on telephone, and told him that somebody calling himself a Maoist was asking for Rs 100,000. The man with the link with Maoists told our relative, “Don’t worry about it and don’t make any payment. I will check what is it.” Our relative did not get any calls from then on. Probably, some criminal groups not related to Maoists were also active in collecting money from the people in the name of the Maoists.

In the 1970s, the communists were active in the Eastern Nepal. The current CPN-UML leaders were the leaders of the communists that had terrorized the Eastern Nepal at that time. They killed Dharma Prasad Dhakal: richest person in the area. He was also the member of the National Assembly called Rastriya Panchayat at that time. A group of youths came to his house, took out his buffaloes to draw the attention of the housemaids and servants, the another group went into the house and killed Dharma Prasad Dhakal and his son just arrived from the Benaras after completing his schooling there. That was one of the sensational killings at that time. The communists posted notices to the houses particularly of Pradhan Panchas mean the elected chiefs of local village administrations they were going to attack. Some of the targeted people went to hills to take shelter at the homes of their relatives and friends for weeks before they could come back home. In 1990s senior leader of CPN-UML Madhav Nepal once told in public that he could make anybody shorter by a foot.

In 2000s in an exclusive TV interview, the then Prime Minister Girija Prasad Koirala meekly told the TV interviewer that his NC colleagues and he made fake Indian banknotes and tested the fake Indian currency filling out gasoline to their vehicle. The footage of this TV interview was repeatedly run on the TV making clear that one of the founder members of the NC was involved in such a crime of making fake banknotes. The current second-generation leaders of NC had hijacked the plane carrying a huge amount of banknotes from Kathmandu to Biratnagar and took the plane to one of the old unused airports in the neighboring Indian state and robbed the plane for the NC party in 1960s.

The NC had a militia called ‘liberation army’ to fight against the army of the despotic Rana-Shah regime in 1940s. The Ranas had labeled the NC militia as the terrorists. The Rana tortured also anybody suspected of being NC cadres. If you wear a pajamas means you were a NC cadre at that time. You would get arrested immediately. You would be landed in the unknown jail and would face an unknown destiny. Thus, many innocent Nepalis had suffered the excessive harassment from the despotic Rana regime. Certainly, that expedited the fall of the Rana rule in 1951.

Even now, all the major political parties have had the terrorists running the party. Their speeches reflected their terrorist mindsets. For example, some politicians have been repeatedly calling on the head of state President Dr Ram Baran Yadav to discharge the current prime minister and nominate a new one directly reflecting the terrorist mindsets. None of the politicians even having a little bit of the sense of the rule of law could say such terrorizing thing that could lead Nepal to violence and untold misery to the common folks.

So, it was not surprising that none of the government led by the UCPN-Maoist, NC and CPN-UML leaders had any desire for bringing the political criminals to justice. None of the government has so far set up a ‘Truth and Reconciliation Commission, and Commission on Enforced Disappearance’ to bring the perpetrators of human rights violence to justice, and compensate the families of the victims of human rights violence for the loss of the loved ones. Following the Comprehensive Peace Agreement the Maoists reached with the Government of Nepal in 2006, the Government of Nepal had to set up these two commissions as the parts of the peace process a long time ago but nothing had been done so far. Consequently, the perpetrators of violence have been going free with impunity. The army officer allegedly involved in the enforced disappearances of alleged Maoists have been promoted even by the government-led by the Maoists despite the opposition by the international, UN and local human rights organizations. Some politicians convicted of murder, and others allegedly involved in killings have also holding high political portfolios in the political parties.

Nepalese politicians and the government of Nepal have been nervous of the arrest of the Colonel Kumar Lama in Britain. These guys have been nervous because anyone of them could face the similar fate if s/he happened to be in Britain or elsewhere in the world where a law that defines torture as a "universal jurisdiction" crime has been applicable. The perpetrators of human rights violence have been nervous, as they are no more so safe as they have thought. Chances of bringing them to justice have increased. So, these criminals are nervous and have been making so much noise in Nepal. All the politicians protesting against the arrest of Colonel Lama have the criminal mentality or in fact are criminals.

Speaking at a news conference at the Ministry of Foreign Affairs (MoFA), Deputy Prime Minister-cum-Foreign Minister Narayan Kaji Shrestha said that the arrest of Nepal Army Colonel Kumar Lama in the United Kingdom on charges of human rights abuses during the Maoist insurgency breached the jurisdiction of a sovereign nation as well as international norms. According to Minister Shrestha, the MoFA on January 4, 2013 summoned British ambassador John Tucknott to the Foreign Ministry and handed over a 'protest note' over the Lama's arrest. The ambassador assured that he would relay the Nepal government's concern to the British government. The Nepali mission in London has been directed to take initiation for Lama's release and repatriate him to the United Nations Sudan mission where he has been deployed as an observer, MoFA said. Colonel Lama was arrested from St Leonards-on-Sea, East Sussex, on Thursday, January 3, 2013 based on a complaint filed by Advocacy Forum Nepal that he was responsible for torture of a person identified as Rawat in army custody during the Maoist insurgency. "Nepal is committed to international humanitarian law ", Minister Shrestha said and added that the Government of Nepal would leave no stone unturned to take actions against those found guilty in the violation of human rights through due process. (Source: nepalnews.com; RSS/thehimalayantimes.com, January 4, 2013)

In a statement, Spokesperson for the CPN-Maoist Pampha Bhushal said her party CPN-Maoist has condemned the arrest of Colonel Kumar Lama by the UK, and has demanded his immediate release, has taken the arrest as interference in the internal affairs of a sovereign state. “We condemn the arrest of Colonel Lama and demand his respectful release soon,“ read the statement. (Source: nepalnews.com, January 5, 2013)

The ruling UCPN-Maoist and the main opposition party NC have condemned the arrest of Nepal Army Colonel Kumar Lama in the UK, and demanded his immediate release. Speaking at the regular press briefing at the Peris Danda headquarters on Saturday, January 5, 2013, spokesman for UCPN-Maoist Agni Sapkota described the Lama's arrest as an objectionable act, which amounted to an attempt to disrupt the peace process. The arrest is an intervention in the Nepal's internal matters in the name of human rights, spokesman Sapkota said. Meanwhile, the NC in a statement said the "arrest of a citizen of a sovereign nation on the basis of so-called allegation of torture, and without credible grounds, is unacceptable'. The NC also demanded the Lama's immediate release his repatriation to the United Nations mission in South Sudan where he is serving as an observer. (Source: nepalnews.com, January 5, 2013)

The arrest in the United Kingdom on January 3, 2013, of a Nepali army colonel suspected of torture sends a warning to those accused of serious crimes in Nepal and elsewhere that they cannot hide from the law forever, Human Rights Watch said today. Nepal failed to prosecute anyone for torture during the decade-long civil war in the nearly seven years since it ended. “The UK’s move to arrest a Nepali army officer for torture during Nepal’s brutal civil war is an important step in enforcing the UN Convention against Torture,” said Brad Adams, Asia director. “Those responsible for committing torture in Nepal can no longer assume they are beyond the reach of the law in other countries. The lesson for the Nepal government and army is that it is time to end the culture of impunity that has left victims waiting for justice for far too long.” “The arrest of the Nepali army officer sends a strong and important signal that the UK takes its international obligation to hold torturers accountable for atrocity crimes seriously, even if Nepal does not,” Adams said. “The UK’s move should remind those accused of rights abuses the world over that they can run, but it’s getting a lot harder for them to hide.”(Source: http://www.hrw.org, HUMAN RIGHTS WATCH, January 4, 2013)

The Nepali cabinet’s decision on October 4, 2012, to promote a colonel suspected of involvement in war crimes to the rank of brigadier general is a slap in the face for the victims of Nepal’s protracted civil war, Human Rights Watch, Amnesty International, and the International Commission of Jurists said in New York on October 5, 2012. The United Nations and the Nepali National Human Rights Commission compiled credible evidence of systematic enforced disappearances and torture at Bhairabnath Battalion headquarters in Kathmandu under the command of the colonel Raju Basnet in 2003. On the basis of this evidence, in 2007 Nepal’s Supreme Court ordered an independent investigation and prosecution of these human rights violations. That order includes allegations that Basnet personally committed acts of torture. “Nepal’s cabinet has thrown the entire idea of holding soldiers accountable for abuses out the door,” said Brad Adams, Asia director at Human Rights Watch. “This cynical and reprehensible decision seriously undermines respect for human rights and contradicts Nepal’s assurances to the international community that it would hold those implicated in wartime crimes to account.” Basnet’s promotion occurred under the leadership of the United Communist Party of Nepal–Maoist (UCPN-M). During the war, the UCPN-M was itself responsible for enforced disappearances, torture, and unlawful killings, and has not had to answer for a single wartime violation, the groups said. Agni Sapkota, a UCPN-M member, was appointed to a cabinet position even as he was under a court-ordered police investigation for his involvement in a 2005 unlawful killing. “Despite years of promises, the Maoists and the army have shown themselves united in one crucial aspect: contempt for the notion of accountability for criminal acts and victims’ rights to justice, truth, and reparation,” said Polly Truscott, Amnesty International’s South Asia director. The Nepali Supreme Court in an August decision directed the government to put in place appropriate legislation and guidelines to ensure that security officials are vetted before they are appointed or promoted to high-level positions. “With the promotion of Basnet, the denial of justice and accountability has essentially turned into government policy,” said Sam Zarifi, Asia director at the International Commission of Jurists. “This decision is basically the current Nepali government saying it does not care about the rule of law, does not care about its own Supreme Court directives, and indeed, does not care about the best interests of its own citizens. This promotion is a signal to all perpetrators that power trumps justice.” The rights groups called on the international community to urge the Nepali government to revoke its decision. “Nepali civil society, with support from the UN and the international community, has spent years seeking to promote justice and accountability,” Adams said. “By promoting Col. Basnet, the government has sent a clear signal to the Nepali people and the country’s international supporters that it not committed to these same goals.” (Source URL: http://www.hrw.org/news/2012/10/05/nepal-promotion-war-crimes-suspect-affront-justice)

In a news release issued on Friday, January 4, 2013, Amnesty International has welcomed the arrest of Nepali Colonel on the charge of torture during Nepal’s civil war; it hailed the move as an important to bring the perpetrators of human rights violence to justice the Nepali justice system had failed. “This arrest may prove to be a welcome step towards accountability, but it also really highlights the Nepal government’s failure to provide justice for the thousands of victims of torture, enforced disappearance, unlawful killings and other human rights abuses in the country,” said Polly Truscott, Deputy Asia-Pacific Director in a statement. The statement further states that despite repeated promises by the government of Nepal, there has yet to be any meaningful investigations into the multitude of abuses committed by both government forces and Maoist combatants during Nepal’s civil war. “The Nepali government has withdrawn criminal cases against individuals with political affiliations, promoted alleged perpetrators of human rights violations to senior leadership positions and proposed amnesties which could cover serious crimes,” said Truscott  “In short, the government of Nepal has sent a clear message to all potential abusers that there will be no consequences for their crimes.”  “The government’s reaction has not been helpful. Instead of protesting an arrest that has been done fully in line with international law, the authorities should focus on its obligations to address torture and other human rights violations committed in the past,” said Truscott. “We urge the UK authorities to take a decision on whether or not to prosecute Lama on the evidence alone, and not let pressure from Kathmandu have any influence,” read the statement. Amnesty International continues to receive complaints of torture by the Nepal’s security forces and has repeatedly called on the authorities to stop shielding perpetrators, and to ensure that victims receive justice. (Source: THT ONLINE, January 6, 2013)

Speaking at an interaction event held by the Reporters’ Club in Kathmandu on Sunday, January 6, 2013, leaders of political parties condemned the act while human rights activist and lawyers lauded the move. Devendra Paudel, the political advisor to the Prime Minister Baburam Bhattarai claimed that the British government crossed the diplomatic norms by arresting Colonel Lama. Similarly, NC leader Sujata Koirala also claimed that the arrest of Col Lama was an attempt to halt the Nepal’s peace process as he was issued a visa by the British government and sent by the UN for a mission in Sudan. Similarly, CPN-UML leader Pradip Gyawali, Secretary of CPN-Maoist Dev Gurung, President of Madhesi Janaadhikar Forum Upendra Yadav condemned the arrest of Col Lama on the charge of torture during the Maoist insurgency. However, human rights activist Charan Prasai said that crimes like war crime, tortures are international crimes and those cases can be filed in any countries. “Human Rights can never be a nation’s internal affairs, and the case lodged on Lama in UK is a usual incident,” said Prasai. On the occasion, expert on international law Govinda Panth informed that the there are slim chances of release of Lama as the government lawyer has advocated that Nepal had expressed unwillingness to convict Lama. Diwakar Panth previously working at the Human Rights cell of the government of Nepal, said that the Lama’s arrest took place as the government has failed to implement signed international treaties. (Source: THT ONLINE, January 6, 2013)

The British government has defended the arrest and prosecution of a suspected Nepalese government torturer who is scheduled to face an Old Bailey hearing at the end of the month, ‘The Guardian’ reported. Colonel Kumar Lama, 46, appeared at Westminster magistrates court on Saturday, January 5, 2013 charged with torturing two men in an army barracks in Nepal in 2005 towards the end of the decade-long civil war between anti-monarchist Maoist extremists and government forces that cost 13,000 lives and left another 1,300 people missing. The decision to prosecute was authorized by the attorney general Dominic Grieve, and has sparked a diplomatic row between Kathmandu and London. After the arrest, Nepal called in the British ambassador to Kathmandu John Tucknott to protest but Tucknott told them it was the UK's obligation to act. "The ambassador explained to the ministry of foreign affairs that the action was taken by the Met police according to the UK law and the UK's international obligation to uphold human rights as a party to the UN convention against torture," a spokesman for the Foreign and Commonwealth Office said on Sunday, January 6, 2013. The first of the alleged crimes took place in the last two weeks of April 2005 and the second between April and October of the same year, both at Gorusinghe army barracks in the Kapilvastu district where Lama was the army officer in charge. He is accused of "intentionally inflicting severe pain or suffering" on two men, Janak Bahadur Raut and Karam Hussain, while he was "a public official or person acting in an official capacity and in the performance or purported performance of official duties". (Source: THE GUARDIAN/thehimlayantimes.com, January 7, 2013)

International Commission of Jurists (ICJ) has urged the government of Nepal to cooperate in investigating Colonel Kumar Lama. “The Nepali government should cooperate with any investigation into allegations of torture against Nepal Army Colonel Kumar Lama, recently arrested and charged in the United Kingdom’, said ICJ in a press release issued on Tuesday, January 8, 2013. The ICJ also pointed out the need for cooperation with the UK proceedings to aid in the further prosecution of conflict-era human rights violations in foreign countries, and to investigate and prosecute similar violations domestically. ICJ has also welcomed the arrest of Col Lama currently deployed at the UN mission in South Sudan. “The ICJ welcomes the steps taken by the UK to criminally investigate and bring to justice an individual suspected of the serious crime of torture,” said Sam Zarifi, ICJ’s Asia Director, read the statement. (Source: THT ONLINE, January 8, 2013)

In a statement issued in Kathmandu on Tuesday, January 8, 2013, Rastriya Jana Morcha (RJM) drew serious attention to the incident in which a serving Nepali army colonel Kumar Lama was remanded in custody by a British court after being charged with torturing one individual at a military barracks during the decade-long Maoist insurgency. RJM has been demanding to investigate human-rights violators during the armed struggle between the then government and the Maoist party, and tougher action taken against them, it stated in a press release issued by the Chairman of the Rastriya Jana Morcha Party Chitra Bahadur KC. The party has been stressing to form ‘Truth and Reconciliation Commission, and Enforced Disappearance Commission’ to investigate those who disappeared during the decade-long civil war. However, the then government instead of investigating those who violated the human rights and taking serious actions, is trying to cover up the crimes, the party claimed. The government let off many culprits involved in war crimes from the prison and still continues to do so, the statement acknowledged. The government has been paying no attention to the formation of Commission on Truth and Reconciliation, and Enforced Disappearance Commission to investigate those who disappeared during the civil war and consequently, serving colonel Kumar Lama was arrested in the United Kingdom for allegedly torturing the people during the decade long Maoist insurgency which is praise worthy, the statement stated. (THT ONLINE, January 8, 2013)

The CPN-UML has expressed concern over the arrest of Nepal Army's Colonel Kumar Lama in the UK on the charge of torture during the insurgency in Nepal. The arrest of Lama was disappointing and unfortunate at a time when Nepal is passing through a political transition, and discussions are on the way to set up transitional justice mechanism to investigate the human rights violation cases and provide justice to the victims, the CPN-UML said. The CPN-UML has demanded that the government ensure credible bases and confidence to the world community to book those involved in serious violation of human rights and put an end to impunity by taking the lesson from the incident. The CPN-UML has also asked the government to form Truth and Reconciliation Commission and Commission on Enforced Disappearance and initiate legal procedures to bring the culprits of conflict-era human rights abuses to justice. The press statement issued by secretary at the central office Parshuram Meghi Gurung says that the government's decision to promote and award some disputed individuals and attempts to excuse criminals involved in serious human rights violations have also spread a negative message to the international community that Nepal was not willing to have a fair investigation and investigate the conflict-era cases and bring the criminals to justice. (Source: RSS/thehimalayantimes.com, January 8, 2013)

In the statement released on Tuesday, January 8, 2013, Human Rights Organization of Nepal has said that Colonel Kumar Lama should be prosecuted in Nepal under the Nepali judicial system; although a transitional justice system has not yet been established in Nepal, justice can be delivered in such cases through the regular judicial system. “Although, action on serious incidents is still not taken, we have capable and free court and judicial system,” read the statement issued by the organization President Sudeep Pathak. The decision to arrest Colonel Kumar Lama is conflicting because the section 134 of Criminal Justice Act 1988 of Britain is contradictory to the section 1 and 4 of Article 2 of UN Charter 1945, further reads the statement. The organization has also urged the British government and concerned authorities to respect international law and government of Nepal to constitute Truth and Reconciliation Commission to take action against culprits. (Source: THT ONLINE, January 8, 2013)

Swiss holiday might prove dear for ambassador Chalise as Nepal-UK diplomatic spat lingers. Nepal's ambassador to the United Kingdom Dr Suresh Chalise is likely to be summoned by the Ministry of Foreign Affairs (MoFA) for clarification for remaining out of his duty station for days in the wake of diplomatic standoff following the arrest of Nepal Army Colonel Kumar Lama by the UK police. Chalise might be recalled from UK if his clarification is not found satisfactory, MoFA sources said. The ambassador was on a family holiday in Switzerland on Thursday, January 3, 2013 when Lama was arrested from Sussex on charges of human rights violations during the Maoist conflict. He was asked to cut short the trip and immediately initiate diplomatic lobbying for the Lama's release, but he returned to London only on Monday, January 7, 2013 leaving top MoFA officials fuming. The sources claimed that Chalise was reminded about the gravity of the matter and was told that his presence in the duty was urgent, but he did not act promptly. The Nepal government, major political parties and the Nepal Army have squarely objected to the Lama's arrest, describing it as the violation of the jurisdiction of a sovereign nation whereas the human rights groups have hailed it saying that the incident is the result of the failure of the state to establish transitional justice mechanism in order to provide the victims with justice and punish the perpetrators. (Source: nepalnews.com, January 8, 2013)

In a press statement, Spokesperson for UCPN-Maoist Agni Sapkota has said that the recent arrest of Nepal Army Colonel Kumar Lama in the UK and Maoist cadres in Dailekh, Nepal over the wartime incidents are a breach of the Comprehensive Peace Agreement; CPA clearly mentions that the court cannot be moved for wartime cases, which can only be dealt with by transitional justice mechanisms. The UK and Dailekh incidents are a part of a plot hatched by national and international forces against peace and constitution. Such incidents surprised us at a time when the party has been pressing for the formation of Truth and Reconciliation Commission and the Commission on the Enforced Disappearance to address wartime wounds, said Sapkota. He also demanded that five Maoist cadres arrested on charge of murdering Dailekh-based journalist Dekendra Thapa in August 2005, be freed immediately. (Source: Nepalnews.com, January 9, 2013)

On January 9, 2013, human rights activists said that the government’s move to revise the ordinance of Truth and Reconciliation Commission (TRC) and Commission on the Inquiry of Enforced Disappearance was aimed at averting the arrest of Nepali politicians and government officials accused of crimes committed during 10-year-Maoist insurgency. Human rights lawyer Govind Bandi said, “The arrest of Col Kumar Lama proved that one can run but cannot hide from the prosecutors.” He said the government must withdraw general amnesty provision from the TRC bill, withdraw promotion given to alleged human rights violators, end impunity and withdraw its objection to the recently released 233-page report of the UN Office of the High Commissioner for Human Rights. Human rights lawyer Dipendra Jha said the government’s assurance of revising the TRC bill was to influence the trial of Col Lama in the UK. “I do not think TRC bill could soon become a law,” he added. Bandi, however, said if the Nepal government could establish that it was willing and capable to prosecute human rights violators, and then it might plead with the UK for the release of Col Lama, assuring them that he would be prosecuted in Nepal. “Prosecutors in the UK arrest a foreign national only after careful consideration of domestic and international laws. I do not think the case of the UK is weak,” he added. (Source: HIMALAYAN NEWS SERVICE, January 9, 2013)

THRD Alliance: a coalition of human rights organizations from 20 districts of Tarai welcomed the UK government’s move to prosecute Nepali Army Colonel Kumar Lama. “Colonel Kumar Lama’s arrest in the UK under Section 134 of the Criminal Justice Act, a law that defines torture as “universal jurisdiction” crime, is a welcome move and not a breach of the nation’s sovereignty as claimed by political parties including even Joint Madhesi Morcha,” said a press release issued by the alliance. Alliance Chairman Dipendra Jha said the arrest was rather related to the rule of law about which the government did not seem to be so serious. “THRD Alliance lauds Scotland Yard and shows its solidarity,” the release said. The alliance said Nepal had not provided justice to victims of torture and enforced disappearance during the decade-long civil war. “The Truth and Reconciliation Commission has not been established yet and the draft TRC Bill has many flaws including amnesty provision,” read the release. Lack-of-political will to bring perpetrators of serious human rights violations is very obvious in Nepali politics, the alliance said. Even investigation into journalist Dekendra Thapa’s murder is reported to be influenced by the PM’s public statement, said the alliance. “Criminal cases against individuals with political affiliations have been withdrawn; alleged perpetrators of human rights violations have been promoted in security forces. In this context, Colonel Lama should be tried in the UK and justice imparted to victims,” the release said, “We urge the government to cooperate with the British police for a fair trial in Colonel Lama’s case.” (Source: HIMALAYAN NEWS SERVICE, January 10, 2013)

Citing two specific recent incidents linked to the conflict-era crimes such as the Dailekh people’s uprising against the journalist Dekendra Thapa’s murder and the arrest of Colonel Kumar Lama in London, President Dr Ram Baran Yadav told the leaders at the all-party meeting called by him at his residence in Shital Niwas on Friday, January 11, 2013 that the situation was spiraling out of the parties’ control pushing the country to a vicious circle of crisis. President Dr Yadav further said as “these symptoms were not good” they were not going to augur well to the country. Issues of growing impunity have begun to create attention of all national and international forces. Inflation has gone up, development works have been halted and anarchy has begun to grow up. “I urge you all parties to settle the issues at the earliest before the situation goes out of control. Either you forge a consensus being responsible or suggest me what should I do to end the impasse. But, do not make delay as you do not have time,” the President told the parties according to CPN-ML leader CP Mainali. (Source: thehimalayantimes.com, January 11, 2013)

The government is planning to challenge the arrest and subsequent trial of Nepali Army Colonel Kumar Lama remanded to custody until January 24 in London. After holding a series of consultations with stakeholders, a high-level government mechanism formed under Deputy Prime Minister-cum-Minister for Foreign Affairs Narayan Kaji Shrestha concluded on January 11, 2013 that pursuing the legal path will be the best option to get Col Lama released and ensure his return to the UN mission in South Sudan. The government is likely to make its first defense bid during the Lama’s appearance in the court. A source said lawyers having expertise on international and human rights laws would be hired to defend Lama. “We will continue our legal, political and diplomatic efforts to challenge the London trial of Lama,” said Arjun Bahadur Thapa, Spokesperson for the Ministry of Foreign Affairs. The mechanism has Attorney General Mukti Pradhan, Lt Gen Nepal Bhusan Chand, Chief Secretary Lila Mani Poudel, Law Secretary Bhesh Ram Sharma, and Foreign Secretary Durga Prasad Bhattarai as members. (Source: HIMALAYAN NEWS SERVICE, January 11, 2013)

The current Government headed by Prime Minister Dr Baburam Bhattarai has not only promoted the perpetrators of human rights violators during the decade-long conflict but also determined to defend the perpetrator of torture Colonel Lama using the taxpayers’ money. The irony is that the very people suffered from the perpetration of human rights violation have to pay for defending such perpetrators.

January 12, 2013