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SOUTH ASIA - House Foreign Affairs Committee Democrats

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2274(CVICT), 10 persons claimed compensation under the act during the year, all of thecases that were in the courts as of year’s end. Another 20 persons made claims during1999. According to the CVICT, during the year one of the claims made in 1999resulted in a payment of $70 (5,000 rupees) to the claimant; none of the cases filedduring the year were resolved by year’s end. The Government has begun humanrights education for the police force. According to an August 1999 government newspaperreport, the Government suspended seven police personnel and appointed ahigh-level commission to probe the death of trucker Ale Tamang following allegedpolice torture while in police custody (see Section 1.a.).Bishnu Pukar Shrestha, who disappeared after an arrest in Kathmandu in September1999, was released on July 6 without ever having been charged (see Sections1.b. and 4). Shrestha reportedly was tortured early in his incarceration and allegedlywas held in solitary confinement throughout most of his stay.On January 14, police opened fire on a Maoist ‘‘cultural program’’ at a school inAccham district; according to INSEC, police killed nine persons and wounded sevenothers during the incident (see Section 1.a.). In February police officers allegedly setfire to ‘‘Maoist sympathizing’’ villages in Rukum in retaliation for the killing of 14police officers in a single Maoist attack (see Section 1.a.).Human rights groups have reported instances of torture in areas affected by the‘‘People’s War.’’ Dozens of male detainees reported having torture inflicted on themby the police; women in these areas have reported instances of rape and sexualabuse by the police. AI, which visited the country in 1998, reported that it foundevidence of ‘‘the systematic use of severe torture’’ by the police, and raised concernsover the relative impunity of the police for such actions; however, in contrast to previousyears, there only were two reports of torture during the year. AI did not findsystematic use of severe torture when it visited the country during the year.On March 10, in Kathmandu, police charged a group of Tibetans with clubs andsticks, reportedly injuring several persons, including a 12-year-old monk. The Tibetanswere chanting antiChinese slogans after a ceremony to mark the anniversaryof the 1959 antiChinese uprising in Tibet. In 1999 in Pokhara police used tear gasand batons to break up a similar demonstration (see Section 2.b.).Local and international human rights groups also have documented Maoist violencein areas affected by the ‘‘People’s War,’’ including the severing of limbs. TheMaoists most often have targeted political leaders, local elites, and suspected informers.These targets included not only members of the majority Nepali CongressParty (NCP), but also members of the opposition Communist Party of Nepal-UnitedMarxist/Leninist (CPN-UML). Throughout the year, Maoists looted banks andbombed or set fire to government offices and homes of local political leaders. Internationalnongovernmental organization (NGO) offices also were attacked on severaloccasions, as were foreign companies. There also were cases of intimidation, torture,or other degrading treatment. On February 17, Maoists set fire to the home ofRukum resident Bal Bahadur K.C., a district executive member of the CPN-UMLparty. The house was destroyed completely. On April 23, Maoists assaulted twoteachers of a primary school in Rukum, beating them and smearing black paint ontheir faces. On April 26, 12 Maoists set fire to the Surhket home of NCP regionalchairman Yagya Bahadur B.C. On May 6, Maoists kidnaped school headmasterDharma Chandra Sharma from his home in Jumla. Sharma was released 2 dayslater after his captors shaved his head and paraded him around his village withshoes tied around his neck. Maoists were responsible for at least 17 violent incidentsinvolving bombings, arson, and looting, on August 23. On September 25, Maoist insurgentsattacked the district police headquarters of Dolpa, in the town of Dunai,killing at least 14 persons and wounding 40 others (see Section 1.a.). On October23, approximately 30 members of the student wing of the Maoists attacked thePadma Kanya School’s principle.Prison conditions are poor. Overcrowding is common in prisons, and authoritiessometimes handcuff or fetter detainees. Women normally are incarcerated separatelyfrom men, but in similar conditions. The Government still has not implementeda provision in the 1992 Children’s Act calling for the establishment of a juvenilehome and juvenile court. Consequently children sometimes are incarceratedwith adultseither with an incarcerated parent, or, as one local NGO reports, ascriminal offenders. The Department of Prisons states that there are approximately10 children in jail or custody for offenses that they have committed and approximately100 noncriminal dependent children housed along with their parents (seeSection 5). In April the Government established separate juvenile benches in districtcourts where youth are tried. As a result, trials of persons under the age of 18 nowoccur in a separate room in the courthouse, though there are no separate juvenilecourts as such. Likewise, there is no provision for separate juvenile detention facilities.VerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00118 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1

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