Civilians under Maoist custody (Nepalnews special)

Forget about the peace accord, Nepalnews has learnt that dozens of civilians continue to live under captivity of the CPN (Maoist)
By Pratibedan Baidya
As the International Human Rights Day (Dec. 10) was being observed amid much fanfare in the capital, Kathmandu, hapless civilians were passing their second month in the Maoist captivity in mid-western district of Pyuthan.
Prime Minister GP Koirala and Communist Party Nepal-Maoist chairman Prachanda signing the long awaited peace accord in a program at Birendra International Conference Center, Tuesday evening, Nov 21 06. nepalnews.com/rh
One of the provisions in the Comprehensive Peace Agreement signed by the government and Maoists on Nov. 21, said, "Both parties, respecting the individual's freedom and right to security shall not place anyone under whimsical or illegal detention and shall not abduct or imprison any individual. Both parties shall release the details of the condition of the people who have been disappeared or have been kept captives and an agreement has also been reached to inform about their status to their family members, legal consultant or any other authorised person."
The agreement further said, "Both parties agree to publicise and release all the person kept under detention within 15 days."
More than two weeks later, not a single person has been released from the Maoist captivity.

In an interview with BBC Nepali Service on Thursday, spokesman of the CPN (M) and chief Maoist negotiator, Krishna Bahadur Mahara, said not a single person was there under their custody across the country. When asked about people being detained by the Maoists in Pyuthan, he said he had spoken to his comrades in the district same morning and that (all those in captivity) had returned (to their houses).
But a local leader of the CPN (M) in Pyuthan told Nepalnews, on condition of anonymity, that his party continued to detain dozens of people "for interrogation." "We may hand over them (to police or rights groups) as soon as an interim government involving the Maoists is formed," he said.
So, was Mahara telling a lie to millions of BBC listeners or had he been misled by his own comrades?
According to an investigation carried out by a group of human rights organisations including the Centre for Victims of Torture (CVICT), a number of civilians are still under Maoist custody under the fictitious charge of idol theft.
Chronicling the detention and torture of Dilnath Yogi, a former priest in his mid-fifties from mid-western district of Dang, CVICT said Maoists took Yogi into their control on Nov. 8 for 'investigation' in connection with a missing idol of a goddess from a temple in Bijuwar of Pyuthan. He has served many years as a priest to the temple and left his job four years back.
On 10 November, the Maoists also took Prem, 26 and Shreedhar Yogi, 22, sons of Dilnath, with them from their house in Dang for 'investigation' when their father was brought there in order to 'search' another idol that was missing for nearly 10 years. They were released four days later under the condition that the rebels would take them away provided the Yogis failed to hand over the missing idol within a period of two weeks.

Talking to CVICT lawyers over the telephone on 23 November, Prem said that he witnessed the Maoist cadres beating on various parts of his father's body with wooden sticks. "They were rude in treating us. They severely beat up our father in front of us many occasions. They tortured us mentally too."

Rights groups allege that Maoists continue to function as "parallel government" dispensing 'justice' in their strongholds despite waiting to join the interim government promising rule of law and good governance.

"As marked by Lena Sundh after assuming her post of chief of OHCHR for Nepal, the Maoists are not an authority to maintain order; it is the state who does it. Hence, the 'investigation' and other activities being carried out by the rebels seriously lack authority and the case of Dilnath in Pyuthan cannot be an exception," said Dr. Bhogendra Sharma, president of CVICT, in a statement.

"We strongly demand earliest, unconditional and safe release of Dilnath. State law enforcement agencies should be there to take action, if any, for any alleged involvement of Dilnath in the missing of the idol," he added.

Even after nearly two weeks of similar appeal by other rights groups, Maoists have not bothered to respond.

Kantipur—a leading national daily—reported on Sunday that four others persons, including Minnath Yogi, Hiranath Yogi, Pushpa Shrestha and Govinda Basnet are still being held by the Maoists in connection with the same case. All of them have refuted allegations that they were involved in the incident. However, "a recent meeting held at a local temple, involving all sides, praised the Maoists' on-going investigation into the case," the daily reported.

Talking to Nepalnews on Sunday, a senior leader of the CPN (Maoist), Suresh Ale Magar, clarified that his party did not have a policy to keep civilians under their custody. "We are committed towards all the agreements including CPA," he added.

He, however, said that in some parts of the country, their "people's courts" were 'investigating' into some cases as per the request from local people. He expressed ignorance about the incidence of civilians still being kept under the Maoist captivity. A Pyuthan based rights group, Human Rights Service Centre, also confirmed that Maoists were yet to release some people they had taken into custody.

Meanwhile, Maoists on Friday abducted former chairman of the district development committee of Sindhupalchowk district, Nil Prasad Bhandari, while he was on the way to Thokarpa VDC and freed him after five hours of captivity. They released Nil Prasad on condition of not returning to his village. He was nominated as DDC chairman by the erstwhile royal government.

"I was on the way to my village," Nil Prasad said, adding, "I did not imagine that the Maoists would behave with me in such a way even after the signing of the peace accord."

As the spotlight is on Maoists to see if they fulfill their pledge of joining a competitive multi-party politics, with full respect to human rights and rule of law, incidents like that of Pyuthan have raised serious doubts about their real intentions.

This has also led critics to suspect that the Maoists might exert undue pressure upon civilians in the run up to the constituent assembly elections to subscribe to their agenda.