The king's government had left no stone unturned to suppress the people's movement. However, it was the people's power that compelled the king to alter his roadmap. The last nineteen days of the king's direct rule, that hold the nation stand-still, became the final round of struggle for Seven Political Parties. With his second proclamation within four days the king has been compelled to bow down. He, then, changed his voice contrary to his former stand with these words- 'We call upon the Seven Party Alliance to bear the responsibility of taking the nation on the path to national unity and prosperity, while ensuring permanent peace and safeguarding multiparty democracy.' That was the triumph of the Nepali people who were victims of grave violations of human rights by the king's government in a more direct manner from February 1, 2005.

Now, in the changed context, we certainly expect the new government established out of the people's movement to investigate the atrocities of suppression of the peaceful protests.

Infiltration of Maoists: Mantra-At-The-Ready

The hypothesis of infiltration of Maoist insurgents into the rallies during the movement was the Mantra-At-The-Ready for the king's government. In-fact the regime was indulged to cultivate a pretext for the massive use of force upon the peaceful demonstration with the hue and cry of Maoist infiltration.

On March 28, 2005 Home Minister Kamal Thapa at the press conference, said that government would foil the April 6-9 nationwide general strike called by SPA at any cost as "these were originally the programme of the Maoist rebels."

The regime had continued to rule out any political change and charged that the agitation was the baby of the Maoists. On April 9, 2006 Home Minister Thapa accused the alliance of organizing a movement without any clear demand- "This cannot bring changes like in the 1990 movement. There is no possibility of change, as this agitation has no clear demand." He told at the press conference, "The alliance has no clear demand. But the Maoists are very much clear about their objectives. The political parties have been following the Maoists' path." Thapa claimed the government would control the agitators by clamping curfew. He claimed, "Wait and see, the government will control them."

The king's government was desperately searching for a ploy to prove the Maoist's infiltration. To spread such propaganda, an ugly drama was staged on April 11 at Gongabu by the security forces. When security guards at the residence of AIG Rup Sagar Moktan opened fire, suddenly a rumour was spread that Maoists had reached over there. RNA soldier and armed police took positions. They laid down on the ground and pull the lever of the rifles. Later it was revealed that the police themselves had opened fire at the demonstrators. ICJ, Amnesty International, Freedom House and others shows the globe divided into two kinds of society.

King's Propaganda Machine

The government's propaganda during the movement reminded of article 20 (1) of International Covenant of Civil and Political Rights (ICCPR) that states- "Any propaganda for war shall be prohibited by law." The government repeatedly charged SPA of taking up Maoist's agenda.

The Home Ministry even urged the public to defer visit to Kathmandu except in urgent cases. On April 5, 2005 Gorakhapatra, government owned vernacular daily, published a big size public notice on front page. It was another example of propaganda which read as follows- "For people traveling to Kathmandu, postpone the trip except for very urgent reasons." The king's men repeatedly stated that the measure was part of its strict security arrangement aimed at controlling "terrorist activities".

On April 8 the then RNA claimed that it had got 'credible information' that the special task force of Maoists had entered the valley to infiltrate into the upcoming general strikes called by SPA. The then RNA spokesperson Brigadier General Nepal Bhushan Chand told in a press conference in the capital that "RNA should be mobilized" to prevent any unwanted incident in the SPA called strike.

On April 19, 2005 Home Ministry called on the Managing Director of Nepal Telecom. He was instructed in front of then Home Minister Thapa and Home Secretary to disseminate the SMS against the movement. On the same day evenning Nepal Telecom sent a message to the post paid mobile users. The SMS message spread by the Nepal Telecom with the instruction of Home Ministry was as follows- "7 RAJNITIK DAL RA MAOBADILE 7 BAISAKHAMA GARNE HADTAL JULUSMA JIUDHANKO KHATARA HUNA SAKNE BHAYEKOLE SAHABHAGI NAHUNA SABAIMA ANURODH CHHA GRIHAMANTRALAY HMG." (Home Ministry of the HMG requests all the people not to participate in the general strike being organized by the 7 political parties and Maoists on April 20.)

The government stopped the mobile phones twice during the 19 days.

Restrictions Over Human Rights Defenders

In the course of its attempt to suppress the movement the king's government tried to restrict media and human rights organizations. The motive was clear. The regime was confined to block information about the atrocities by the security forces.

On April 9, the king's government denied curfew passes to private media and human rights activists until the afternoon. The release ceremony of Human Rights Yearbook 2006, each year published by INSEC on the same day since 1992, was affected by the decision. It was an explicit example of restriction over free flow of information. Ian Martin, Representative of the OHCHR in Nepal, released the record of the state of human rights in year 2005 within the INSEC premises amongst a relatively small gathering. A few media persons were present at occasion.

In clear violation of the MOU signed between the government and the OHCHR, Nepalese Government banned the deployment of United Nations human rights monitoring teams during the curfew, imposed after pro-democracy protesters called for mass demonstrations against king Gyanendra.

On April 12 security forces arrested five human rights defenders from the gate of Padma Kanya Campus at Bagbazar between 8:00 to 9:00 am while collecting donations for the treatment of those injured during the ongoing democratic movement. Human rights observers from different organizations perceived that security person were discouraging them. For security personnel they were unwanted and irritating elements.

From the very beginning, the state had imposed curfew to ban all demonstration organized by SPA as well as civil society. The king's government ignored all international instruments that had agreed once by the state. For the regime there was no meaning of the UN Declaration and EU guidelines on Rights of Human Rights Defenders including the right to peaceful assembly and freedom of expressions guaranteed by different UN Conventions and National laws.

Excessive Use of Force

On April 8, 2005 OCHR expressed its worry in a press release- "From OHCHR's investigations, it is clear that the soldier resorted to excessive force in a situation where there was no direct threat to life." However, the king's government turned a deaf ear to such appeal that were demanding the respect of civil rights. Excessive use of force by the security persons was widespread and systematic during the movement. It could be assumed that the security forces were instructed to make the demonstrators critically injured so that he or she could not come on the street another day.

Baton, tear gas, rubber bullets, metal bullets as well as shrapnel were used brutally and most of the demonstrators sustained head injuries. Even the professional intellectuals like journalists and lawyers were violently assaulted and shot while organizing rallies. Ian Martin observed that the "International standards requiring minimum necessary force" was totally neglected.

The king's government imposed prohibition for demonstrations in the capital on April 4. Public assemblies and rallies within Ring Road area were prohibited. The public notice issued by Kathmandu and Lalitpur District Administration Offices stated that the ban will be effective from April 5, just a day before the beginning of four-day general strike called by the Seven Party Alliance (SPA). The government claimed that there was possibility of "infiltration" of the "Maoist terrorists" in the SPA demonstrations.

One of the clear evidences of the excessive use of force was the deployment of the then RNA for the suppression of the movement. Bhimsen Dahal was killed by the then RNA at Pokhara and the then RNA personnel were seen active in other places too. In Kathmandu, army helicopter was seen hovering around during the pick days of the movement.

On April 18 at least 4 people were injured while a group of police opened fire at Shram Marga, Buddhanagar at 10.15. Susmita Khatri, drinking tea nearby, was shot injured and taken to Everest Nursing home. According to locals at least other 3 injured were taken away by the police. Police opened fire immediately after their arrival in a van. A small group of protesters was there at the time of arrival of police.

OHCHR observed, “The law enforcement agencies have resorted to indiscriminate firing of rubber bullets - even on occasions live ammunitions - into crowds, beatings, raids on homes and destruction of property. Scores of bystanders and demonstrators, including women, children, journalists and lawyers have been identified among the casualties.” OHCHR “strongly condemned the excessive and deadly use of force by members of the security forces against protesters and innocent bystanders.”

A Deliberate Attempt of Massacre

Even after 45 minutes of indiscriminate firing over the peaceful demonstration, medical volunteers and human rights activists were not allowed to rescue the injured demonstrators at Kalanki. As termed by three former members of NHRC Sushil Pyakurel, Dr Gauri Sankar Lal Das and Prof. Kapil Shrestha it was "A deliberate attempt of massacre".

OHCHR, Human Rights Organizations as well as ambulances did not get the Curfew pass on April 20. Due to this reason, HR defenders faced obstacle to rescue the victims who were injured by bullets and baton charge. At that time there was a need of humanitarian assistance. Injured were lying on the road. Some locals were shouting through loudspeaker saying that "Human Rights Defenders please, come on the spot and rescue the victim". It was really a terrible situation. Though it was curfew time and no pass was provided for human rights NGOs, INSEC dared to defy the curfew and took eight injured persons to the Kathmandu Model Hospital for treatment on its vehicle with registration plate Ba 4 Cha 2764.

On April 21, three former members of National Human Rights Commission appealed to the UN High Commissioner for Human Rights and UN General Secretary stating- "After the demonstrators were shot by the security forces, medical personnel and the ambulances were not allowed to rescue the victims. Thus, it is evident that the government was ready for bloodshed in a planned way and it was a deliberate attempt of massacre."

Concern of International Community

As the protests continued to gain momentum, international community and UN agencies came forward to warn the king's government to stop atrocities over the general public.

On April 21, the International Secretariat of World Organisation Against Torture (OMCT) called upon UN Security Council to put human rights crisis in Nepal on its agenda, and impose targeted sanctions on Nepalese authorities. The organization urged the authorities to comply with the resolution that was adopted in April 2005 by the UN Commission on Human Rights, in which the Government of Nepal was urged to cease arbitrary arrests and extrajudicial executions, to stop the use of torture and ill-treatment, and to end impunity for human rights violations committed by members of the security forces.

On April 18, 2006 Amnesty International, Human Rights Watch and International Commission of Jurists urged that Nepal's king and his senior officials and top military officers should be refused entry to other countries and have any personal assets outside of Nepal frozen. The organizations issued their call during an international meeting in Geneva convened by the government of Switzerland to review Nepal's human rights record.

On April 20, Amnesty International stated in a release - 'With daily reports of extreme brutality by the police and army to control political demonstrations, it is absolutely essential that independent monitors are free to carry out their vital work. It may be that the security forces are increasingly aware that they will be held accountable for their actions in which case they should be changing their behavior, not hiding from scrutiny.'

Philip Alston, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; Hina Jilani, Special Representative of the Secretary General on Human Rights Defenders; Ambeyi Ligabo, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Manfred Nowak, Special Rapporteur on Torture; and Leïla Zerrougui, Chairperson-Rapporteur of the Working Group on Arbitrary Detention added their voices to the rising chorus of condemnation of the excessive use of force against the demonstrators, calling on the government to exercise restraint and guarantee fundamental rights for all. The joint statement issued on April 20 by such human rights experts voiced “grave concern” at the escalating wave of violence surrounding the demonstrations.

They urged the Government to guarantee fundamental human rights for all, including the right to life, physical and psychological integrity, freedom from arbitrary detention, and the freedom of opinion, expression, association, and assembly.

It followed a call by Secretary-General Kofi Annan on April 13 for King Gyanendra to take 'courageous steps' to find a way to avoid further bloodshed.

Brutality Over Children

Security forces treated the children as if they were enemy during the movement. Large number of children injured in recent demonstrations in Kathmandu and other parts of the country was a matter of grave concern. On April 11, 2006 Bhuwan Adhikary, Documentation Assistant of INSEC, sustained injury while trying to save a child from the massive baton charge.

Especially on April 20, 2006 INSEC volunteers witnessed the incidences where police assaulted the minors ruthlessly. In Kalanki people saw a boy being beaten so violently that they thought he was killed. Later he was rescued by CWIN. (See section 2.2 Kalanki Incident for detail) According to CWIN report, among the injured children 49 percent were at Gongabu and 15 at Kirtipur.

On April 22, Child Workers in Nepal Concerned Centre (CWIN) issued a report on the children's involvement on the agitations. CWIN reported that 182 children were injured by the date. According to the report 81 were under 16 and among the injured children 24.2 percent sustained head injuries.

A New Era of Loktantra and Human Rights : Quest for Justice

The way the climax of Jana Andolan-II was initiated, in-fact, with the second consensus between seven political parties and the CPN (Maoist) of March 19, 2006. The second consensus which created the final round of tsunami in Nepali politics reads as follows- "seven political parties are committed for restoration of house of representatives by the power of people's movement and from the decision of that movement establishing powerful all party government, dialogue with the Maoists and conduct constituent assembly on the basis of reconciliation and then establishing full democracy from which the conflict in the country can be resolved." With this development SPA and Maoists reached to an agreement that the people's movement is only the alternative to achieve the goal. Then the SPA announced nation wide general strike and non-cooperation movement for April 6, 7, 8 and 9. For April 8, 2006 a massive peaceful demonstration was scheduled in Kathmandu.

These developments sharpened the people's quest for peace. The SPA led movement started to get massive support from the general public belonging to all walks of life. With the aspiration of Loktantra, means peace and order for them, the general public came out of homes massively. Human sea started to defy curfew on April 8. Then practice of defying curfew and prohibitory orders become normal. Entire the country plunged into the struggle against authoritarian attempt to roll back the polity of the nation.

During those 19 days, Nepali people from all over the world demonstrated an enormous solidarity and nationalism. People started to be in queue to provide donations for the treatment of the injured people. It was the clear message to the king that 'You keep on making us injured, and we will be going on against you on the street. We even don't need your medical first aid or the treatment.'

On April 24, at 11.30 Nepali people achieved a way forward to Loktantra. Now, the dawn of Loktantra has shared some of the prominent challenges with us. During the nineteen days of uprising, 19 Nepalis got martyrdom. We have to care for their vulnerable dependants. Around five thousands have sustained injuries. We have another issue that is how to put an end to impunity for human rights violations committed by members of the security forces during the movement.

Thus, of course, to review and recall Jana Andolan-II, the issue of consolidation of the people's rights must be considered. However, such reminiscence should also signify transitional justice. We should be ahead to achieve justice. In this regard, it could be an indicator whether the Jana Andolan-II has completed yet.