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Probe fails to decide rights violation by Toran

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KATHMANDU, Sept 22: A secretary-level committee formed by the cabinet has failed to reach any conclusion on a human rights violation charge against Major General Toran Jung Bahadur Singh, who was in the chain of command at Bhairabnath Battalion from where 49 Maoists were allegedly disappeared in 2003.



“The committee could not suggest to the cabinet whether he was guilty of the human rights violations,” a knowledgeable source at the Defense Ministry told myrepublica.com on Monday. [break]



Under intense pressure from the national and international human rights community, the cabinet had formed a three-member committee headed by Secretary Ram Chandra Man Singh last month to probe the charge against Singh. The Nepal Army wants to see Singh promoted to lieutenant-general, a post lying vacant since the retirement of Lieutenant-General Kul Bahadur Khadka in June.



The Nepal Army had recommended to the government in June to promote Singh to lieutenant-general. But the government has not been able to take any decision on the promotion due to objections from the national and international human rights community, including the Office of High Commissioner for Human Rights-Nepal (OHCHR-N). If promoted, Singh will become second man in the army.



The committee, which had Home Secretary Dr Govind Prasad Kusum and Defense Secretary Navin Kumar Ghimire as members, submitted its report to Chief Secretary Madhav Prasad Ghimire last Friday. Sources said that the report would be presented to the cabinet meeting to be held after the Dashian festival.



“How can a secretary-level committee like this probe such a serious case in a short span of time? The committee has mentioned previous reports prepared by the National Human Rights Commission and OHCHR-N in the case. The committee has not given any conclusion whether he was guilty or innocent,” the source further said on condition of anonymity.



This means that the cabinet should not take a political decision on Singh´s promotion, said the source.



The committee had met army chief Chhatraman Singh Gurung, OHCHR-N chief Richard Bennett and officials of the National Human Rights Commission to prepare the report.



A report prepared by Bennett´s office in 2006 alleges that the Nepal Army´s Bhairabnath Battalion was involved in arbitrary detention, torture and disappearance of alleged Maoists between 2003 to 2004 when Singh was commander of the 10th Brigade comprising three battalions including Bhairabnath. The case is one of the major human rights violations allegedly committed by the army during the Maoist conflict.



OHCHR-N maintains that Singh was not directly involved in the arbitrary detention, torture and disappearances at Bhairabnath Battalion from 2003 to 2004 but he was in the chain of command at the time. Thus, Singh had chain of command responsibility for the alleged human rights abuses. OHCHR has objected to Singh´s promotion, saying that his promotion would be inappropriate in view of the allegation pending against him.



kiran@myrepublica.com



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