The Nepali Army (NA) has addressed a letter sent to the United Nations by Devi Sunuwar, mother of 15-year-old Maina Sunuwar, who died from torture in army custody during Nepal’s armed conflict. Speaking at a press conference, Brigadier General Om Bahadur Bhatta of the Judge Advocate General’s Department (NA’s legal wing) stated that he did not understand why the Sunar family was still pursuing legal proceedings after a court ruling had already been made.

In a letter addressed to the UN Department of Peacekeeping Operations, Devi urged Jean-Pierre Lacroix, Under-secretary general for Peacekeeping Operations, to urge the NA to demonstrate its commitment to truth, justice, and non-recurrence.

“The NA may argue that these officers already faced a court-martial on 8 Sept 2005 regarding my daughter’s killing. But let me be clear: a) under international human rights law, crimes against civilians should not be handled by a military court; and b) the court-martial only addressed improper interrogation techniques and improper body disposal,” she wrote.

“I do not understand why Sunuwar’s family is still pursuing legal action, claiming the verdict was either too lenient or too harsh,” Bhatta said. “The way the verdict has been obtained from the district court and the way pressure is being exerted at the national and international levels, it is unclear what their objective is.” At that time, under the Army Act 2016, the military court had jurisdiction over this case, and a decision had already been made, he added.

On 17 Feb 2004, a team under the command of Nepali Army Major Niranjan Basnet took 15-year-old Maina Sunuwar from her home in Katunje, then Kharelthok VDC-6, Kavre. She later died due to extreme torture by military officers. Her remains were found eight months later following pressure from national and international human rights organizations.

Brigadier General Bhatta stated in the press conference that the resolution of this case is expected to happen through the Truth and Reconciliation Commission (TRC). “At present, there is the TRC, and its law has already been enacted,” he said. “If the commission is formed, maybe it will say something about this matter.” Since the case is under consideration at the Supreme Court, he refrained from providing further details, saying, “That is a matter for the TRC; the issue of jurisdiction comes under that. If tomorrow the TRC addresses it, it will be resolved from there.”

Later in 2004, the military court sentenced three army officers—Boby Khatri, Sunil Prasad Adhikari, and Amit Pun—to six months in prison and a one-year promotion ban for violating human rights and humanitarian laws in the Maina Sunar case.

However, dissatisfied with the military court’s ruling, Maina’s mother, Devi, filed a complaint against four officers at the Kavre District Police Office on 6 Dec 2005. After Nepal’s peace process began, a case was filed against four military officials on 21 Jan 2008 in Kavre District Court. On 17 April 2017, the court sentenced three army officers to life imprisonment for extrajudicial killing. It acquitted Basnet. This was the first case in which Nepali Army officials were convicted of a crime committed during the decade-long armed conflict that began in 1996.

The High Court upheld the ruling, but the NA appealed it to the Supreme Court. Khatri, Adhikari, and Pun are no longer in the army.

Devi informed the United Nations that some army officials had contacted her and proposed building a memorial in honor of her daughter. While she supports a memorial in Maina’s memory, she stated in her letter that she could not accept it unless certain conditions were met.

Major General Prem Dhoj Adhikari, head of the Department of Military Operations, clarified that no formal proposal had been made by army headquarters. “Rather, I heard discussions that if the issue could be resolved at the municipal level, a memorial could be built at an initiative of the mayor of Panchkhal in Kavre.”

Major General Adhikari also mentioned that the army does not have land for building the memorial and that the initiative was taken at the local level by the mayor. “The army does not have land for this; I think the mayor took the initiative to see if this could be resolved at the local level,” he said.

Although he acknowledged hearing about the letter sent to the United Nations, he stated that since the state has already enacted the TRC law, the issue should be resolved through it.