Maoist's atrocious display of arrogance

In Today’s Nagariknews (Nagarik Daily), Senior Nepali Journalist Narayan Wagle has published an article. You can access the article from here. The article was first published on Thursday, 10 January, 2013. If the article is not available from Nagariknews Archieve, you can read the pdf copy of the article from my Dropbox here.

The Article has been titled in Nepali as “Raktaame Ahamkaar” which can be translated in English as “Bloody Arrogance – arrogance born out of bloodshed”. In This article, Senior Journalist Wagle is critical and rightly so of Nepal’s PM Baburam Bhattarai against the backdrop of recent events where PM Bhattarai influenced the criminal investigations conducted against the killing of Journalist Dekendra Thapa. Journalist Thapa was killed brutally eight years ago in Nepal by Maoists. 

Few of Nepal's educated middle classes who can write in English and are in the field of Journalism are spreading the lies about the Maoists. They see Maoists as a savior and portray as such in foreign press like in The Hindu (India), Deccan Chronicle (India), The Globe and Mail (Canada) etc. 

However, when it comes the stage of talking about Maoist’s atrocities, these writers/journalists behave as if dumb can speak better than them. Unfortunately, very little has been reported on the Maoist's atrocities which is killing even the humanity in alarming rate in Nepal.

Therefore, I have translated the Nepali Article in English for the whole world to know the truths of Maoist’s fascist policies in Nepal. I will improve the article if there are some mistakes in translation. Please share this article in the Social Media and help us to spread the word.

Thanking You!

Kabi Nepali  

Bloody Arrogance/Atrocious display of arrogance

Prime minister Baburam Bhattarai of Nepal has discouraged the honest police officers by influencing the legal investigations of crime of murder. Prime minister is not the officer appointed to decide who should and in which way an investigation be carried out in crime investigations. Therefore, the Prime minister has misused the power of his office by taking 'Rule of Law' on his hands, and his actions have again pushed the country back to wars/struggles.

The role of any government is to follow the law and to make sure that laws are followed by everyone. Government has no power and right to stop the due course of law. Any attempt to obstruct the implementation of law is clearly an abuse of power. The District Police has attempted to do their job by investigating the murder of Journalist Dekendra Thapa and had arrested the accused in order to submit the case before the court for judicial legal proceedings. However, Prime Minister has interfered in the process of rule of law by his statement that such cases cannot be tried in any courts of law in Nepal. This will interfere and obstruct the workings of those institutions involved in law enforcement in Nepal.

It is to be remembered the efforts behind the start of the legal proceedings. The District Police, by their own mind and conscience, had not initiated the investigation again - eight years after the incident of murder. The duty of the State was to investigate the matter by arresting the accused when there was a written compliant - a compliant with the names of the criminals/the accused. Because of the efforts of the courageous wife of the murdered journalist, the case had come finally before the court after her struggles of last eight years.

The Police had arrested those people named in the First Information Report ('FIR') only after being directed by the Appellant Court. However, the Prime minister has directly interfered in this incident with his own interpretation of the criminal justice system. The Prime minister has drawn the whole nation into a debate by making statements regarding which laws should be applied in what types of Crimes. This atrocious/outrageous display of arrogance from the Prime minister of Nepal has negated the basic principles and standards of facts findings, investigations and reconciliation in a just society.

It is worth remembering that the Comprehensive Peace Agreement ('CPA') had mentioned that the Truth and Reconciliation Committee ('TRC') will be formed within six months. However, even after six years, we are yet to see the establishment of TRC. 

Since TRC is not formed yet, the policy of CPN (Maoists) has been to grant general amnesty to all those involved in war crimes forgetting all atrocities committed during war periods. The policy of CPN (Maoists) is therefore, against the meaningful reconciliation.

Now, the Prime Minister of Nepal Baburam Bhattarai says that the President has obstructed the peace process by not issuing the ordinance on set up of TRC. The thoughts and actions of Prime Minister Bhattarai have created the dangers of pushing the country back to the conundrum and the chaos. His actions are also in the direction of reminding the victims of their pains again and again when the culprits wander scot-free.

The Prime minister looks through a tinted glass where he sees any actions and attempts directed in search of justice as a horrendous intentional attempt of 'obstructing peace process'. As per his logic, all the incidents of war crimes during that decade long insurgency are outside the jurisdiction of law enforcement and investigating agencies of Nepal. However, his arguments are simply laughable and farcical. Have the CPA and the Interim Constitution of Nepal mentioned that all the crimes committed by Maoist cadres and leaders or by state would automatically be forgiven? Have these two instruments automatically grant amnesty to all the perpetrators of war crimes? If there would be any provision of amnesty in TRC, it would be from the inner conscience of the victims and that too after the completion of truth and fact findings. The amnesty should not be the outcome of further 'victimization of the victims' and should not be the outcome of coercion and undue influence on the victims by any arrogant muscle powered politician.

The CPA and the Interim Constitution of Nepal have not nullified criminal justice system of Nepal. These instruments have not even stopped or put any embargo on the process of rule of law and criminal justice system. Therefore, the statement that Nepali Maoists are outside the jurisdiction of criminal justice system in Nepal is in itself, against the CPA and the interim Constitution of Nepal. The truth of the matter is that the CPA and the Constitution have embodied a vision of setting up of TRC. It would then, analyze the cases and would recommend them for reconciliation.

As per the Universal Principles of Reconciliation, after the truth and the facts are unraveled, it can only then, be decided for which crimes, punishment be imposed and for which incidents amnesty be granted. There is no peace possible to the victims if amnesty is made a general rule with coercion without any regard to severity of 'Crimes against Humanity' and of tortures. That cannot even make a conducive environment in the society for reconciliation. Then, peace cannot prevail on the foundation of injustice; rather it will be a breeding ground for disquiet in the society.

The killing of Dailekh District based Journalist Dekendra Thapa is a "Crime against Humanity". What Maoist did in the case of this Journalist is that Maoist abducted him who had come for dialogue and negotiation for about one and a half month. When he was forcefully abducted and confined, they subjected him to various tortures. From the account of the events from one of the accused, "the journalist was tied upside down and left hanging on his rope tied legs. When he was hanged upside down, Maoist threw cold water on him and bet him up with stinging nettle with water which gives chilling, irritating and painful sensation on the body and increases the pain manifold. Maoist had tried to kill the journalist by subjecting him the extreme forms of tortures but when Journalist Thapa survived, he was buried alive". One of the accused arrested has also confessed that Journalist Thapa was asking water just before he was buried alive. Then, Is this the People's Struggles? No. These kinds of activities were Crimes against Humanity committed in the name of People's struggles and therefore, these activities cannot go unpunished in the name of amnesty.

This is not a crime where the family of the victims, from their own inner conscience, can really forgive the culprits. There may be a possibility where the families of the victims killed on war front and on duties may console them after the truth is investigated and brought out. However, the ghastly crimes against humanity are simply unpardonable irrespective of which political forces enforce such ideas of amnesty. On the top of that, the Maoist - who should have apologized for atrocities and war crimes - is engaged in atrocious display of arrogance and this will not lead our society to any reconciliation but will give life to further violence born out of vengeance.

One of the accused arrested on allegation of killing of Journalist Thapa has confessed that he would be ready to submit before the legal proceedings and will agree to the punishment given by the court for the sake of peace of the deceased Thapa. If we make an attempt to understand the philosophical intent behind such confession is that the accused believes that only if he is punished as per the law, he will get solace and get some peace. He also thinks he can wash his sins after getting punishment under the law  as he was engaged in inhumane acts in the past. 

However, in every situation including in the environment of crimes and tortures, the political leadership has focused only on political gain of the situation. Sometimes, for the sake of political gains, Maoists have instigated its cadres to act even against cadre's personal wish. By such actions, Prime Minister Bhattarai has exposed his dark political color on one hand, by preventing the cadres to submit before the rule of law and the other, it is not a secret that the Maoist leadership itself had ordered and authorized such acts against humanity. By preventing justice process from taking its own course, Bhattarai has pushed his cadres to rot continuously under the feelings of guilt. This will also affect the cadres lifelong being burdened with the feelings of guilt.

Both the Maoist Parties - "CPN (Maoist)" and "CPN - Maoist" involved in inhumane acts in Dailekh have started another round of terror with their press releases. The Maoists have stated that the innocents have been dragged to the legal proceedings. These acts have terrorized the journalists working in Dailekh. In the center, the party leader as a Prime minister is discouraging the civil servants/investigating authorities - Nepal police and public prosecutor - by ordering to stay away from the investigations without any regard to law and in districts; the Maoist parties are putting pressure on the natural course of legal recourse. These acts should not only terrorize the Journalists but Rights Activists but everyone alike should be worried and naturally agitated.

Though the Prime Minister through his Personal Secretary has managed to issue a statement to cover his face stating that "no pressure to stop the investigation", the fact is that the process of recording of statements has suddenly and mysteriously stopped in Dailekh three days ago and this has not again restarted. The actual proof that the Prime Minister has indulged in sabotaging the process of law can be deciphered from his statement that "this investigation is a ploy to dismantle peace process" and this is a direct proof of interference.

As per the Chairman of "Nepal Press Council/Nepal Patrakar Mahasang" Shiva Gaunle, Nepal's Interim Constitution and CPA have not mentioned that the established principles of Criminal Justice System will be invalid henceforth. Similarly, the then Chairman of Nepal Patrakar Mahasang (at the time of the incident of Killing of Journalist Thapa) Mr. Taranath Dahal says that the journalists were never part of the violence/war between the states and the insurgents and therefore, these kinds of criminal activities can never be co-related with the acts of insurgencies.

With the culture of political backing for every crimes i.e. politicization of crimes and culture of labeling every demand for justice as an attempt to derail peace process will only manifest the arrogance of unaccountable post and position. Therefore, the Prime Minister who detests anything except 'general amnesty to all the perpetrators' is sabotaging the prospect of reconciliation by standing against the probable truth finding tasks carried out by the investigating authorities. The Prime minister's attempt to interpret Constitution and CPA as per his whims and fancies and his pressurizing tactics against Nepal Police and Public Prosecutor to stop the investigation process is also with an ulterior motive of establishing his ‘lost’ political relevance in Nepali Political sphere.

From the next day after the Prime Minister made statement to stop the investigation process, there has been a general convention of the other Maoist Party which was formed by the breakaway faction of CPN (Maoist). Similarly, the preparations are ongoing for the general convention of the CPN (Maoist) which would be in a very next month. Maoist will be divided in its political memorandum from this general convention.

Therefore, this can also be an attempt to send a message to another Maoist faction that he has no hand in getting arrested the cadres and district leaders of another Maoist faction. Similarly, there can be well orchestrated drama by the Prime Minister to influence the result of the general convention by convincing/sending the message to the cadres and convention attendees, "I am the savior! I'm your protector - you cadres!"

However, victimized Nepali Citizens and the crusaders of Civil Rights in Nepal cannot remain silent even though his recent threatening statements to derail the course of criminal justice system are a desperate outcome of his attempt to garner balance and stability in his post internally in Maoist Party and an attempt to find some relevance in Nepali Politics.