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May 26, 2006

Confirms 49 Persons Remain Disappeared, At Least Three Deaths due to Torture by RNA- OHCHR

KTM. 26 May.

The United Nations Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal) has confirmed that at least 49 persons among those hundreds of individuals detained at army barracks in Maharajgunj remain disappeared. OHCHR-Nepal said that it received credible reports of at least three deaths due to torture.

A report of its investigations into the arrest, detention, torture and continuing disappearance of individuals arrested by the then Royal Nepalese Army (RNA, now the Nepalese Army) on suspicion of being linked to the CPN (Maoist) and held in Maharajgunj barracks in Kathmandu in 2003 has been made public amidst a press meet on May 26. Ian Martin, the Representative of the High Commissioner for Human Rights in Nepal, informed that OHCHR-Nepal has this week submitted the report to the Prime Minister and the Chief of Army Staff.

investigations found that most of the hundreds of individuals who were arrested by the RNA in 2003 and detained for varying periods in Maharajgunj barracks were subjected to severe and prolonged ill-treatment and torture, with a principal role played by the Bhairabnath battalion. They have also concluded that at least 49 persons, and probably a significantly higher number, remain disappeared." the report says. According to the report, Khadka Bahadur Gharti Magar, Padam Narayan Nakarmi and Kiran Rayamajhi are believed to have died while in custody in early 2004 and in early 2005 as a result of ill-treatment and torture and related health problems that were allowed to worsen without necessary medical treatment.

OHCHR-Nepal has recommended establishing a credible, competent, impartial and fully independent investigation into the arrest, detention, torture and ultimate fate or whereabouts of the people who were held and who are reported as disappeared. It has also recommended suspending those potentially implacable directly or through command responsibility for units involved from any official duties pending the investigation and not to propose them for participation in United Nations peacekeeping missions. It has demanded that the persons against whom there is evidence of criminal responsibility should be brought to justice before a civilian court.

Responding the journalists, Ian Martin said that OHCHR-Nepal would be monitoring closely whether the families of the disappeared, former detainees and other witnesses and informants will be threatened in future by the officials.

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