The Lies of the Primeminister and the fear of Maoists in Nepal

My Introduction of the Article: नारायण वाग्ले जी ले हिमाल पत्रिकामा "प्रधानमन्त्रिको झुट र माओबादिको भय" भन्ने लेख लेख्नु भएको छ। यो लेख नेपालीमै पढ्ने भए यहा जानु होला। मैले तल यो लेखको अंग्रेजी ट्रांस्लेसन गरेको छु। त्यो तल छ। अंग्रेजीमा एउटा भनाइ छ, "लेट द ट्रुथ प्रिभेल". भन्नुको मतलब "सबैतिर केवल सत्य छाओस" र झुटको सहारा लिएर मानिस अघि नबढोस। मेरो उद्देस्य केवल यति हो कि माओबादीको कर्तुत र ज्यादतीका सबै घटनाहरु देश बिदेशमा बसेर नेपाल को बारेमा रुचि राख्ने तर नेपाली भाषा नजान्ने हरुले पनि थाहा पाउन। आशा छ की सामाजिक संजाल मार्फत यो लेख सबैतिर फैलियोस। बाकि पाठकको सुझाबको पनि आशा गर्दछौ। 
My Introduction of the Article: Narayan Wagle ji has written one article in Himal Khabar Patrika. The article is in Nepali and has been titled as "The Lies of Prime Minister and the fear of Maoists". If you want to read the article in #Nepali, Please visit here. I have translated this Nepali Article into English below. There is a saying in English, "Let the truth prevail.". That implies that let the truth be spoken and practiced in our daily life. My intention in translating this article is that the atrocities of the #Maoists and the #Nepali State should be known to the people who stay outside #Nepal and are willing to learn about our country but do not know Nepali. I hope to get your suggestions/feedbacks and hope that you will help me to spread this in social media.
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The Lies of the Prime minister and the fear of Maoists

Since judicial proceedings of the criminal acts committed during the insurgency will not be stopped/halted by courts and these acts can not also be condoned by Truth and Reconciliation Commission ('TRC'), the prestige of peace process will be saved by the uninterrupted investigation of Dailekh incident. 

-Narayan Wagle

Tuesday, 2nd Magh, 2069 Bikram Sambat, 11.38 AM

On the Photos: Nepal Prime Minister and Maoist Leader Baburam Bhattrai on the Left, and one of the handcuffed accused arrested by Nepal Police in Dailekh in the case of killing of Journalist Dekendra Thapa

When the cadres of Maoist party accused in the killing of Dekendra Thapa - Dailekh based Journalist - confessed before investigating authorities that the killing of the journalist was as per the decision taken by the District Committee of the Maoist Party, Prime minister of Nepal, Baburam Bhattarai was badly hurt (worried).

The confession of Maoist cadres shook Baburam in such a way that he got involved in false interpretation of peace process with a motive of sticking to the chair of Prime ministership. He attributed the legal proceedings of initiating a criminal case against the accused as a trap against the peace process. The barking/roaring at Kathmandu by Bhattarai was meant to be a warning to Dailekh Police and Public Prosecutors to back out from the legal proceedings. When a team consisting of representatives from Nepal Press Council (Nepal Patrakar Mahasang) went to have a dialogue with the Prime minister, the team of journalists were subjected to a rather one-sided Baburam-monologue on interpretation of Comprehensive Peace Agreement ('CPA') and Interim Constitution. In this process, PM Bhattarai even managed to provide intentionally falsified details and malicious interpretation to the national and international civil communities.

The first lie told by PM Bhattarai ('BRB') is about the verdict handed by Hon'ble Supreme Court ('SC'). BRB relies on the single bench judgement of Justice Awadeshkumar Singh of SC where the court said, (as per BRB's interpretation) "Since the CPA and Interim Constitution of Nepal ('ICN') states that TRC will be created, the case of Keshav Rai - former Constituent Assembly member from Maoist Party - can not be tried as as per principles of criminal justice mechanism." Based on this wrongful interpretation, BRB stated that courts can not try/decide any incidents/crimes committed during insurgency.

At a first sight/hearing, the above statement sounds as if it is spoken by a leader committed to uphold the supremacy of judiciary, constitutionalism, and peaceful agreements. However, while stating above, PM BRB has made a conscious effort to conceal another verdict passed by Justices Prakas Wasti and Ramkumar Prasad which had overruled the earlier verdict - handed by a single bench. In the second judgement passed by two judges bench, it has been clearly stated in unambigious words that the provisions of the CPA and the ICN can not/will not nullify the criminal justice administration/procedure and therefore, the judgement has clearly written that the case should be investigated by Police based on the compliant and the matter be brought before the Courts of Law for trials.

In a criminal matter involving Maoist Leader Agni Prasad Sapkota, the Division Bench (or Joint Bench/संयुक्त इजलास) had issued an order directing the police to submit the report of the investigations before courts in every 15 days as the accused was a minister in a cabinet and thereby, was in a position to affect/influence a fair investigation of criminal investigation. The Joint Bench, in the absence of any legal provisions, did not force the accused to resign from the post of minister but left the matter at the moral conscience of the accused and the Prime minister.

The intention of passing such orders by SC was to send a message that the legal investigation and the judicial remedy can not be stopped and there can not be an environment to stop the investigation solely taking the stance of matter being connected with insurgency period.  

It must be based on the above judicial precedents that the Appellate Court, Surkhet ('AC') asked a reason/show cause from the Nepal Police why the investigation was not conducted and the accused were not arrested in the matter of murder of Journalist Dekendra Thapa even after receiving a complaint where the culprits have been named. Once the accuseds were arrested and were interrogated by Dailekh Police, the matter has come out the accused kidnapped an innocent civilian, tortured the Journalist for a period of one and half month and buried the Journalist alive when they saw the untiring determination of deceased. 

This has given a chilling rude shock to Nepali Maoist Prime Minister Baburam Bhattarai. Nepali Maoist Prime Minister Baburam Bhattarai has lost his peace because of the fear that when the facts come out like this in other incidents, the more dead bodies will be exhumed. This will expose more inhumane crimes against humanity committed by Maoists and the edifice of Maoist party based on fear and terror will start crumbling.

The PM BRB has displayed without any shame that he has wedded to the lies in another issue concerning enactment of TRC (regarding the ordinance/bill on Truth finding and Reconciliation Commission & Commission for Investigation of Disappearances). He has accused the President that the President is unwilling to sign and promulgate the TRC Bill drafted in agreement with all parties and the bill is pending before President for approval for the past seven months. However, what we must understand is that the bill is pending in SitalNiwas (Office of the President) solely on the reason that there is no consensus of the parties on TRC Bill. 

The truth PM BRB is deliberately hiding is that there were two separate bills/ordinances on two separate Commissions. However, after killing the Constituent Assembly, the government led by PM BRB drafted a single bill where it made provisions to grant amnesty for heinous Crimes of Rape, Torture, extra-judicial killings and disappearance. Though these grave crimes can not be condoned under any circumstances, PM BRB is determined to alter the basic structure/fundamental principle of those bills and this is where the other parties have objected to the bills and it is pending for promulgation.

After cabinet led by PM BRB sent the drafts to the President, the International Human Rights Organisation and the ambassadors from the Western Countries even approached to the President and requested not to issue the faulty bills. That was when the Deputy-Chairman of Nepali Maoist and Deputy Prime Minister cum Foreign Minister, Narayankaji Shrestha requested foreign ambassadors not to cross the diplomatic channels - meeting President alone and directly without recourse to Foreign Ministry.

In that context, we have to see the dissatisfaction of nation states which were active proponents of ICC (Treaty on International Criminal Court/Rome Treaty?). This dissatisfaction led to the protest against possible request of Visa by Chief of Nepal Police - Kuber Rana, the refusal of visa to Maoist Leader Agni Sapkota, and the arrest of Colonel Kumar Lama in Great Britain. This was also a reaction and response by the international community against the Maoist's policy of granting amnesty to those perpetrators involved in unpardonable criminal activities.

The deliberate malicious attempt by PM BRB to stop the investigation of the murder of Dailekh based Journalist Thapa has been thwarted for the time being by the unflinching support and pressure created by Dailekhi People, Human Right Organisations and by Patrakar Mahasang (Nepal Press Council). However, there is no guarantee that such attempt of PM BRB has been thwarted at its bud and therefore, there is an every possibility that PM BRB may please himself again and again by interpretation of peace process based on his sweet wills and moods in anticipation colourful dreams of being an authoritarian regime. 

Against such authoritarian attempts of PM BRB and of his party, there would certainly be international reactions and the pride, prestige and future of Nepal and Nepali will bear the brunt of PM BRB's dictatorial lawless ambitions.

The Road to Hague

There were protests against Maoist during the period of insurgency itself from "Mother Group" and despite winning many Hilly Districts in Constituent Assembly Election, Maoist Party was defeated in both/two election constituencies of Dailekh. At present, the Maoist fear has been exposed by Dailekh and the fear is of being indicted in "The Hague"  in a city of the Netherlands. The Maoist Party Chairman - Puspa Kamal Dahal - was already likely to be incriminated before "The Hague" - the International Criminal Court and PM BRB has successfully added his name in the list of possible culprits in the crimes against humanity. 

As per the international civilised nations' norms on "Truth Finding and Reconciliation", there are no provisions which let the criminals unscathed in the crimes of Rapes, Tortures, Extra - judicial killings and disappearance. However, PM BRB continuously rants only the language of "general amnesty". The bill/ordinance which the cabinet of PM BRB wants to be passed is against the international civilised nations' norms and there will be increasing doubts of outside world on the effectiveness of such bills. If the provisions relating to "general amnesty to all" is incorporated in the bill because of Maoist's pressure, or because of fears in the Leaders of Nepali Congress and CPN UML - who were in the executives during the insurgency, and because of need of safety to people involved in law and order (Army and Police), the international community will expedite the "refusal of Visas" to many. If, due to any reason, other political parties succumb to the Maoist pressure and if they agree on "general amnesty to all Criminals", the international communities would start punishing many war criminals in a way Colonel Lama has been prosecuted. 

There is enough doubt in what scale the TRC which is in itself of temporary nature, can sit for judicial proceedings and to what scale it can finalize the matters when its members are appointed on the basis of balancing individual political party's self interests. On the top of that, no Commission can act as an alternative to courts or as a judicial forum and matters must be brought before the regular justice administration bodies. Therefore, the regular investigating and judicial authorities on the matters of crimes have to be naturally active in investigation of cases of murder of Journalist Thapa. Even after setting up of TRC, the criminal justice mechanism can not be stopped on the ground of incidents of insurgency. We must look for judicial pronouncements from Nepalese Courts. If we run away from our domestic legal forums, the alternative destination will only be "The Hague".

The realization of Political Parties

The Political Parties who have stood by the Present Government in condemning the arrest of Colonel Lama in Great Britain and who have linked the issues of Human Rights with the Sovereignty of Nepal have only made themselves unreliable when it comes to their commitment of "Crimes Against Humanity".   It has been already pointed and noted by the United Nations Human Rights Commission ("UNHCR") that there is no agreement among the Political Parties in Nepal in relation to the Ordinance on TRC. We should not forget that United Nations Human Rights Commission is a very experienced Organisation on this issue as it has recorded/documented (and investigated) more than 40 incidents on "War Crimes" and "Crimes Against Humanity". It is to be remembered that the Danish Ambassador on behalf of the European Nations to Nepal had written a letter to all the political parties in Nepal during the course of debate on TRC in Constituent Assembly and has cautioned the parties not to make provisions for "General Amnesty" in the bill. 

The ordinance recommended by the cabinet headed by PM BRB has brought a tremor in the international community since the bill grants "general amnesty" in all the crimes - even in the grave crimes of Rapes, Tortures, Extra-judicial killings, and Disappearances.

In this situation, it is futile for PM BRB to talk about TRC by blocking/interfering in the criminal investigation in this country and this incident of continuous advertisement of TRC will be watched by community of nations with more suspect.

The first step to TRC and towards the upholding of Human Right will be to create an environment in Dailekh so that Dailekh Police can investigate the matter without any fear and bring the matter before the courts for judicial proceedings. Only the fair investigation of Crimes in Dailekh can restore the prestige, pride and meaning of oft-quoted peace process. This will also provide an another opportunity for the political parties to correct their actions and rectify their understanding and future actions on TRC.

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.