A few months ago it was reported in the Kathmandu Post that:
KATHMANDU, DEC 21 – Defence Minister Bidhya Bhandari has come out strongly in defence of Maj. Niranjan Basnet, the Nepal Army official accused of murdering Kavre-based teenager Maina Sunuwar in 2004. The United Nations Peace Keeping Mission in Chad deported Maj. Basnet two weeks ago after it discovered the serious nature of the allegation.
The UN and human rights groups want Maj. Basnet prosecuted in a civilian court. The Army insists he has received clean chit from a Military Court of Inquiry and he can’t be tried again for the same case.
Bhandari told Maj. Basnet’s relatives on Monday “there would be no injustice” to him from the government. Basnet’s kin asked Bhandari “to defend him as he had already been acquitted” by a Military Court of Inquiry in September 2005.
Maj. Basnet has an arrest warrant in his name from Kavre District Court for his alleged involvement in Sunuwar’s murder and suspension from service. He is currently in the custody of the military police at the Army Headquarters in Kathmandu.
“The government is aware that Major Basnet has received a clean chit in the case. He followed orders of the government and his institution according to the exis-ting Terrorist and Disruptive Activities (Control and Punishment) Act,” the defence minister’s Press Adviser Subash Devokta quoted Bhandari as telling Basnet’s relatives. “You need not worry about his future.”
Following repatriation, Prime Minister Madhav Kumar Nepal had directed the Army to immediately produce Basnet before a civilian court.
The Police Headquarters on Dec. 13 sent a letter to the Army demanding that he be handed over. The Army said it would decide only after it looked into reasons behind his repatriation.
On Monday, the Army constituted a three-member Military Court of Inquiry under the chairmanship of Brig. Gen. Pradeep Bahadur Singh to look into the repatriation.
“The inquiry body was formed to investigate causes behind Basnet ‘s repatriation while he was in the middle of a mission despite his acquittal by the military court in Nepal,” said Army Spokesman Brig. Ramindra Chhetri. He said “further action” on Basnet would be based on the findings of the Court of Inquiry, which
will start its work from Tuesday.
The Army says the Court of Inquiry found Army personnel Boby Khatri, Amrit Pun and Sunil Adhikari guilty in the murder of Sunuwar. Basnet, however, was found to be innocent as he had only, according
to the Court of Inquiry, arrested and handed over Sunuwar to Panchkhal barracks. “He, the enquiry concluded, was only following the commanding officer’s order,” said Spokesman Chhetri.
A few observations:
1) The military court of inquiry referred to is the same one which eventually commenced charges against three of the perpetrators of the attack. Their eventual sentence was six months imprisonment for negligence in the carrying out of orders. In other words it didn’t even recognise that an unlawful killing had taken place- it merely felt that Maina’s death was a result of negligent behaviour. On any reading of the facts Maina Sunuwar was tortured- to relegate torture to negligence is a grotesque parody of law.
2)I note that the Defence Minister points to the fact that he was only following orders. This line of defence is one which first advance at Nuremburg and has never suceeded in terms of crimes against humanity. For the Minister to be using this excuse is deeply disappointing.
3) The minister should take note- the Kavre District Court have issued a warrant against Major Basnet. In those circumstances proceedings are continuing against him. I do not comment (or presume to bore you) on Nepali sub-judice rules or any of the legalities of the Minister’s decision. I do state that the Minister is quite wrong to interfere with the courts. This is a blatant attempt to invade the jurisdiction of the District Court by a member of the executive. It is profoundly unhealthy and unhelpful.
4) It is disappointing that this shows fault lines in the government on this most important issue. Such fault lines must be avoided- as soon as they provide a hiding place for those who torture they are a source of impunity. Such impunity will damage Nepal.
