Maina Sunawar  was 15 years old when members of the Nepalese armed forces arbitrarily arrested her. Since that date – February 17, 2004 – she has disappeared. All the evidence indicates that she was tortured to death by members of the military, who have since sought to deny her arrest and cover up her death. It is thought that Maina was detained because the military were searching for her mother, Devi Sunuwar, who reportedly witnessed the killing of two young girls, one of whom had been gang-raped, by members of the security forces in Pokharichauri, Kavre District, Nepal.

Her family members have sought her in vain in numerous detention centres. They have since been forced to leave their village, having received threats from members of the security forces. Initially, as is the way in many such cases, the military denied holding Maina. Reports surfaced indicating that she had been tortured to death in detention. She was reportedly beaten, dunked in water and subjected to repeated electric shocks. Her injuries led to her death in detention. Following these reports, the military claimed that Maina had been killed while trying to escape from custody, and that they had returned her body to her family following a post-mortem examination. Her family has not received her body and there has been no evidence of any such post-mortem examination.

More recently, three members of the military were tried by a military court, but they have only received derisory punishment. Details concerning the investigation conducted by the “Court of Inquiry Board” (CIB) of a military court have just surfaced and clearly indicate that the military are responsible for Maina’s torture and subsequent death, and even identify the area in which her body has been buried. As with other cases of violations of civilians’ rights by members of the military in Nepal, they need to be investigated by the police and brought to trial before a civil court, if there is any chance of justice being achieved. Attempts by the police to investigate the case and to retrieve Maina’s body are currently being blocked by the army. Furthermore, the United Nations’ Office of the High Commissioner for Human Rights’ Office (OHCHR) Nepal’s investigation is also thought to have been hampered due to the army’s non-cooperation and the government’s indifference.

The CIB reportedly concluded that a covert military team from the Birendra Peace Operations Training Centre in Panchkhal had arrested Maina on February 17, 2004 and that she had been killed by members of the army, as the result of severe torture. The CIB has indicated that Training Centre Chief Colonel Babi Khatri, Captains Niranjan Basnet, Sunil Adhikari, Amit Pun, Seargeant Major Khadak Bahadur Khatri, and soldiers Dil Bahadur Basnet and Shrikrishna Thapa were present during Maina’s interrogation and torture. The CIB also stated that the military, notably Babi Khatri, had taking steps to cover up her death by torture. He reportedly ordered Amit Pun to shoot a bullet into the back of Maina’s dead body, to make it look like she had been shot while trying to escape. Furthermore, Babi Khatri reportedly ordered Amit Pun to bury Maina’s body secretly and Niranjan Basnet to summon the police to prepare a report.

According to the information received, Amit Pun then ordered a member of the military called Surendra to dig a pit to the north-east of the officers’ mess, some 50 to 60 metres outside of the ‘concertina’ barbed-wire. It is reported that Amit Pun took a photograph of Maina’s body just before she was buried in the pit. For his part, Niranjan Basnet allegedly ensured that a false report was prepared by the Panchkhal Police Office concerning Maina’s death.

On September 27, 2005, the media in Nepal reported that Colonel Babi Khatri, Captains Niranjan Basnet and Sunil Adhikari had been ‘found guilty of not following the proper procedures when Maina was found dead in custody’. Colonel Khatri also reportedly had to pay Rupees 50,000 (approximately US$ 670) to the victim’s family and had any promotion blocked for two years. Captains Ameet Pun and Sunil Adhikari were each to pay Rupees 25,000 and had any promotions blocked for one year. Due to a lack of transparency of the military justice system, the AHRC and its sources have not been able to ascertain whether these persons have actually served any of their prison sentences. Regardless of this, the punishment given to these persons for having tortured a 15-year old girl to death is derisory and scandalous, both in terms of the length of imprisonment terms and of the amount of compensation. The family members have reportedly refused to accept this compensation and have the case closed, and are instead seeking justice through the civil courts. The fact that the alleged perpetrators remain in service in the military, with their prospects for promotion only slightly dented despite the grave nature of their crimes, is an indicator of the protection under which members of the armed forces can operate.

It is vital in this case that the alleged perpetrators in question be tried for murder before an independent, impartial court and that, if found guilty, they receive punishment that is proportional to their crimes, in line with international standards. Adequate compensation must also be awarded to the victim’s family for their loss.

As part of the trial before a civil court, further investigations are required. A First Information Report (FIR) has been lodged concerning this case demanding the criminal prosecution of the perpetrators. The police are required to investigate the case and then send their findings to the public prosecutor, who then takes the case before the courts. It is reported that the military are blocking the police’s attempts to investigate these events.

Update

Deputy Superintendent of Police (Dy.S. P.) Sanjaya Singh Basnet refused to register the case due to the involvement of the military, and that it was even too sensitive to explain why the case was being refused.  According to Nepalese law (State Cases Act) the police have to register any information regarding a crime of this nature and they have to provide the receipt of the registration to those who have provided the information.  The action of Dy.S.P.Sanjaya was in direct contravention of the State Cases Act and indicates the apparent disregard that state officials show concerning the law in the country.

Devi Sunuwar then went to the Chief District Officer (CDO) at the District Administrative Office who registered the complaint, but stated that it had no legal validity since according to the State Cases Act the complaint has to be registered by the police. This is not correct: under the provisions of the State Cases Act, if a police officer refuses to register a complaint, the complainant can go to a higher police authority or the CDO to have the complaint registered.

Additional Info

Details on persons reported to have been killed prior to Maina being abducted.

The plainclothes army forces shot two young girls, named Reena Rasaili and Subhadra Chaulagain, between midnight of 12 and dawn of 13 February 2004 in the in Pokahari Chauri-4 village, Kavre District in Nepal. It is alleged that a group of security personnel also raped Reena before shooting her. There was a report about another extra-judicial killing of a young boy named Tasi Lama, who lives in the same village by security personnel on that same day.

Several family members and relatives of the victims were also tortured. However, the next day (13 February), the national radio broadcasted news stating that the security forces killed three Maoist named Reena Rasaili, Subhadra Chaulagain and Tasi Lama during the encounter with the Maoist rebels. Pokahari Chauri-4 village is a very remote area without access to the city and its hospitals, and is located forty-five kilometers away from Dolalghat and almost 150 kilometers far from the Kavre district headquarter.

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