The United Nations Office of High Commissioner for Human Rights (OHCHR) in Nepal has said then Royal Nepalese Army (RNA) (now Nepali Army) is responsible for ‘disappearance’ of at least 49 persons who were held in the custody of the Bhairabnath battalion of the army between September and December 2003.

Making public the findings of an investigation conducted by the OHCHR this month, head of the OHCHR mission in Kathmandu, Ian Martin, said (the OHCHR) investigations found that most of the hundreds of individuals who were arrested by the RNA in 2003 and detained for various periods in Maharajgunj barracks in Kathmandu were subjected to severe and prolonged ill-treatment and torture, with a principal role played by the Bhairabnath battalion.

“The investigations have concluded that at least 49 persons, and probably a significantly higher number, remain disappeared,” said Martin. He, however, insisted that the investigation was on-going and that his office hoped more victims or witnesses to come forward to tell their stories in the light of recent political developments.

According to the report prepared by the OHCHR Nepal, the Bhairabnath battalion has now acknowledged the responsibility for the arrest and detention of 137 people during the period and claimed that they were released or transferred after short periods of detention. All of them were detained on charge of being Maoist activists or supporters.

“However, absent from this list are at least 49 additional individuals known to OHCHR to have been held in the custody of the Bhairabnath or Yuddha Bhairab battalions (both part of the RNA’s 10 th Brigade) between September and December 2003 and who remain disappeared. Many of these were removed from their place of detention during the last week of December 2003 and never seen again. Most former detainees interviewed by OHCHR believe that these detainees were executed,” the report added.

“On the basis of consistent, credible and corroborated testimony of victims and witnesses that these people were last seen in custody in Maharajgunj, OHCHR rejects the RNA’s denial of responsibility,” said Martin.

While submitting the report to the government this week, the OHCHR has recommended the establishment of a credible, competent, impartial and fully independent investigation into the arrest, detention, torture and ultimate fate or whereabouts of the people who were held by the RNA 10 th Brigade and who are reported as disappeared.

“Those potentially implicated directly or through command responsibility for units involved should be suspended from any official duties pending the investigation, and should not be proposed for participation in the UN peacekeeping missions. Persons against whom there is evidence of criminal responsibility should be brought to justice before a civilian court,” said Martin.

There has been no response from the government officials regarding the OHCHR findings as yet.

Martin further stated that Nepal faced a heavy agenda of accountability for violations of human rights and international humanitarian law committed by both state and non-state actors. He urged the authorities to bring to those responsible for gross violations to justice and treat everyone as innocent until proven guilty by a fair trial.

“I hope that Nepal will address past violations in a manner which strengthens the rule of law, and OHCHR will offer its assistance in this painful but essential process,” he added.