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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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Court Confirms Army Lieutenant being Involved in Torture and Orders Action against the accused and Compensation to Survivor

On 16 March 2016, Bardiya District Court issued an ordered to compensate 14 year old juvenile, who was subjected to torture in Narsingha Gan of Nepal Army custody. The court has ordered the government to provide NPR 50,000 as compensation to victim, making perpetrator to pay personally NPR 2,000 and ordered the Government of Nepal to take departmental action against the perpetrators, Lieutenant Kavindra Thapa and Lance Corporal (Pyuth) Man Bahadur Khadka.

In the morning of 2 October 2011, Padam Bahadur Khadka including other 6 juveniles were arrested by army men deployed from Banjariya Check post under Narsingha Gan of Nepal Army on the allegation of killing a Chittal (spotted deer). According to the victims, they were then taken to the army post, where Post Head, Second Lieutenant Kavindra Thapa threatened and verbally abused them for poaching spotted deer while soldier Man Bahadur Khadka tortured them by beating with sticks, punching with fists, keeping them in abnormal position for long period of time, forcing to stand upside down on their hands against a tree and beating indiscriminately on different parts of the body.

Advocacy Forum-Nepal investigated the case, assisted them for their medical treatment and filing the case under the Torture Compensation Act of Nepal. Earlier, the Bardiya District Court had quashed the case referring that the case falls under the jurisdiction of Court Martial. AF had assisted victims to challenge the decision of the District Court Bardiya in the Appellate Court Nepalgunj.  On 24 March 2013, Appellate Court, Nepalgunj had quashed the decision of District Court Bardiya referring the case to Court Martial.

After court decision Padam responded, "With the court decision I felt that I have got justice, though partially. I am eagerly awaiting it to translate into practice. I have spent large amount of money for my treatment in hospitals from Bardiya to Nepalgunj to Kathmandu. On several occasions, I was threatened by the perpetrators and I was displaced from my original place. I even had to file application at District Administration Office seeking security. As a result of torture and ill-treatment, I am still suffering from physical and mental problems."    

Although Nepal is party to Convention Against Torture and Nepal’s Constitution prohibits torture, in absence of enabling legislation criminalizing torture, there is no criminal accountability in the cases of torture. The only available remedy is the compensation and the departmental action under the Torture Compensation Act.

Advocacy Forum - Nepal

March 17, 2016

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