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Krishna Adhikari

Krishna Adhikari On 6 June 2004, Krishna Prasad Adhikari, a resident of Fujel village of Gorkha District, was murdered in Chitwan District by Maoist cadres. Krishna Prasad was visiting his grandparents after having taken the SLC examinations, and he was abducted from Bakullahar Chowk by men who came on a motorcycle ...
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Maina Sunuwar

Maina Sunuwar Around 6 am on February 17, 2004, a group of RNA soldiers arrested Ms Maina Sunuwar, a 15-year-old schoolgirl of Kharelthok VDC-6, Kavre district. She disappeared since her arrest. Her family members, with support from villagers and school where Maina was a student, visited detention centers ...
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Sanjeev Kumar Karna

Sanjeev Kumar Karna Sanjeev Kumar Karna was one among the 11 persons arrested on October 8, 2003. On that fateful day, they had gone to attend a picnic program organized by the students at a place called Kariyachauri VDC-4, and from picnic, they went to Kataiya Chowri Area of Dhanusha district where they ate some food ...
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Arjun Bahadur Lama

Arjun Bahadur Lama, 48 years in age, permanent resident of Chhatrebas VDC -5, Dapcha in Kavre district was abducted by a group of Maoist cadres, three in number, on 29 April 2005 (2062.1.16 BS) from the premises of Sri Krishna Secondary School at Chhatrebas VDC-1 of the district.
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Hari Prasad Bolakhe

Hari Prasad Bolakhe, 35 (while missing) a permanent resident of Phulbari VDC-8, Kavre district, a pastor by profession, had been missing since the arrest December 27, 2003, was reportedly killed by security persons. A team of National Human Rights Commission discovered a human skeleton in a jungle ...
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Sarala Sapkota

Around 11 p.m. on July 15, 2004, a group of 12 armed soldiers arrested Sarala Sapkota at her grandfather’s house. The family, who witnessed the arrest, stated that soldiers gave Sarala no reason for her arrest. After her arrest, Sarala’s family went to Baireni barracks and the DPO ...
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Birendra Shah

On the evening of 5 October 2007, Mr. Birendra Shah, 34, resident of Inruwasira VDC-8, Bara district, a local journalist of Bara district and correspondent of Nepal FM, Avenues Television and Dristi weekly, was abducted by Maoists from Pipara Bazaar in Kalaiya, the district headquarters of Bara ...
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Bishwanath Parajuli, Tom Nath Poudel and Dhan Bahadur Tamang

Three persons namely Bishwonath Parajuli (also called Nagendra Parajuli), Tom Nath Poudel and Dhan Bahadur Tamang of Hasandaha VDC, Morang were shot dead by the security personnel on 28 September 2004. According to the eyewitnesses, other victims and the villagers, about 16 people were arrested ...
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Chot Nath Ghimire and Shekhar Nath Ghimire

Chot Nath Ghimire, a 58-year-old farmer, resident of Ishaneshor VDC-4, Ratamate Majhpokhari of Lamjung district was allegedly arrested by the Joint Security Forces of Joint Security Camp stationed at Bhorlatar VDC, Lamjung district on February 2, 2002 (2058.10.20). The security camp called Mr. ...
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Bhauna Tharu

Bhauna Tharu (Bhauna Chaudhary in the citizenship card), 21 years old male (at the time of the incident; Date of Birthe: 8 September 1978), son of Purna Bahadur Chaudhary, permanent resident of Sujanpur village, Neulapur VDC-4, Bardiya district, and an employee of Rastriya Gobar Gas, Gulariya, ...
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Close Encounters

Stories from the Frontline of Human Rights Work in Nepal

Close Encounters
During Nepal’s armed conflict and its aftermath, human rights violations not only scarred and destroyed the victims but had a devastating effect on the lives of human rights defenders.
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District Court Convicts in a Journo Dekendra Thapa's Murder Case

07-12-2014. The District Court, Dailekh, today issued a final verdict on the murder of Scriber Dekendra Raj Thapa. Journo Thapa was abducted on 26 June 2004. He was then reportedly injected severe torture and buried alive. He was found murdered. On 16 August 2004, a Maoist Commander had revealed that Thapa was 'wiped out'. The case had been sub-judice for the last 22 months. Despite UCPN Maoist led coalition government, on 9 January 2013, directed to immediately halt all investigations into the case, the Court finally ruled its verdict. 

The Court delivered the final verdict after hearing the arguments of both the plaintiff and the defendants, keeping open the provision to grant amnesty to the perpetrators and reparation to the victims. The Court sentenced two years of imprisonment to Nirak Ghartimagar, Harilal Pun and Jaya Bahadur Shahi. Lakshiram Ghartimagar and Bir Bahadur KC were ruled for one and a half years and one year of incarceration respectively. Also, the court asked the District Prison to release Bir Bahadur and Lakshiram, stating that they had served their terms by the time. All the five convicts were remanded into judicial custody for two years. The court has also decided to keep on hold the cases of four other accused who are at large.

Though this verdict is not that much encouraging in relation to sentencing for a serious crime, it however, has ended the debate that has been hovering around Nepalese transition that the existing criminal justice system is not binding to look after the conflict-era cases and that these cases will be attracted under TRC Law. Also, the case has depicted the truth that seeking justice for victims of conflict in Nepal is still much challenging.

Mr. Thapa did have several affiliations with social networks. He was affiliated to Radio Nepal, Nepal Red Cross Society, Dailekh, Amnesty International, and the President of Drinking Water User Committee.

On 26 June 2008, Dekendra's dead body was exhumed with the technical assistance provided by National Human Rights Commission (NHRC), Nepalgunj. After eight years of relentless struggle made by Laxmi Thapa, wife of the deceased, the police had arrested five alleged perpetrators on 5 January 2013, while three others were at large. Laxiram Gharti, one of the arrested, provided his statement to the police and the public prosecutor saying that he and others had buried Dekendra alive after severely torturing him as per party instruction. He further added that he was eager to tell the truth to authorities regarding the murder. He also said that he was ready to face any punishments so that Dekendra's soul would rest in peace.

Laxmi Thapa, wife of Dekendra, filed an FIR to the police on 22 August 2008 requesting investigation into the case. The police, however, failed to make any progress in the investigation for four years. Even after the registration of the FIR pinpointing the perpetrator, the police did not appoint any investigation offer, did not inform the respondent public prosecutor's office and even the public prosecutor office remained indifferent to the case. Then, Laxmi Thapa, requesting a mandamus order to the police for prompt investigation into and prosecution of the case, filed a writ of mandamus at Appellate Court, Surkhet on 12 December 2012.  The court then ordered to promptly initiate investigation into the case.  

On 5 January 2013, the Dailekh district police arrested five cadres of UCPN-M and CPN-M on suspicion of abducting and killing a journalist, Dekendra Raj Thapa during the insurgency. Despite a reported confession of one of the alleged perpetrators, police investigations were temporarily halted for few days following orders of the Government of Nepal the Attorney General pressurising the Dailekh District Attorney’s Office and District Police Office to stop recording statements of the accused. The Government claimed that these cases would be dealt with by a Truth and Reconciliation Commission and that immediate proceedings were threatening to peace process.

 

On 15 January 2013, responding to a writ petition, filed by Laxmi in the technical assistance of Advocacy Forum, against the Prime Minister and the Attorney General, the Supreme Court ordered the police and District Attorney’s Office to continue investigations and summoned the Prime Minister and Attorney General for contempt of court.

Advocacy Forum has been providing legal assistance in this case from the very beginning of filing the FIR to the Police. 

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