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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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High Court Tulsipur, Nepalgunj issues an interim order- ordered to the concerned authorities to adopt concrete measures to prevent COVID-19, maintain minimum standards of quarantine and isolation facilities

Responding to the writ petition filed by a group of lawyers including AF, the High Court Tulsipur, Nepalgunj Bench on 24 May 2020, issued an interim order in the name of District Administration Office, Banke et al. to file the written response within 15 days of the order. The single bench of Hon’ble Justice Rajesh Kumar Kafle directed authorities at local levels of Banke and Bardiya to collect the verified data of labour force, helpless people residing in the respective area and to immediately publish the updated list in the website of the concerned authority.

The Court further ordered authorities to identify those facing a severe financial crisis, labours and vulnerable people in dire need of relief and provide relief supplies as per the guidelines at their doorsteps. It has also asked authorities to immediately come up with policy and directives to control and minimize the corona pandemic after holding a consultation with civil society organizations and concerned stakeholders and monitor the implementation. The order requires authorities to maintain the rule of law simultaneously with the set guidelines relating to relief supplies while carrying out activities relating to purchase and distribution of relief packages, to immediately manage the distribution of social security allowance along with relief supplies to the senior citizens and differently-abled people at their doorsteps. The Court ordered to protect the rights of all citizens of Banke and Bardiya by urging the concerned authorities to manage the test of virus for free (if possible) or at a minimum cost, without any discrimination, to provide optimum care, timely medication to those who have tested positive.

As Banke and Bardiya shares border with India, the number of infected has entered into Nepal through illegal routes during the lockdown period. The Court has ordered the concerned authorities to tighten security measures at borders to regulate such illegal incursion as well as prescribe a mandatory quarantine facility for them for a recommended timeframe. Similarly, trucks laden with vegetables, dairy and fruits from India cross the border every day and make to the market for sale- exposing the potential risk of transmission. Therefore, the court has ordered authorities to check the produces and only let them enter Nepal if deemed no risk of transmission. In addition, the region imports a huge number of tobacco products, and many people consume it on a daily basis. People are likely to spit on public places while consumption of such products, causing risks of transmission from saliva or water droplets. Therefore, the Court has ordered the authorities to monitor and control the import, distribution and consumption of tobacco products during the pandemic.

Lockdown seems to have become one of the most effective tools to control the spread of the transmission in the community, the order calls authorities to crucially monitor the compliance of lockdown measures. Moreover, the order entails management of quarantine and isolation facilities as per the prescribed guidelines so that those in quarantine and isolation facilities shall not be deprived of their right to live in a dignified manner. Security personnel to be deployed in quarantine facilities so that no one flees the quarantine. No obstruction is to be made while transporting an infected person (who test positive) to an isolation facility

Banke has turned into a COVID-19 hotspot with a number of new cases being reported every now and then. So far, the district holds the highest number of confirmed cases in the country. To prevent the further transmission, on 22 May 2020, Basanta Gautam (Lawyer, Advocacy Forum-Nepal) along with other Human Rights Activists representing various human rights organizations filed a writ petition at High Court Tulsipur, Nepalgunj bench, seeking a mandamus order. The Writ (076-WO-0124) was filed against all local levels of Banke and Bardiya, Police Administration, Provincial Government, Ministry of Health et al.

The petitioners had demanded immediate (necessary) steps to prevent the spread of the virus in the region, including the management of quarantine and isolation facilities in compliance with the prescribed guidelines. Likewise, to ensure transparency while distributing relief to target groups, to operate and manage Corona Trust, to arrange door-to-door social security allowance facilities for senior citizen and differently-abled citizen during the pandemic. Moreover, the claimants had requested for policy and directives to control the corona pandemic and implementation of it in a speedy manner.

Furthermore, the applicants also demanded the virus test be made accessible to those in need without any kind of discrimination and to strictly observe the compliance of lockdown measures. More so, in recent days, the virus has been tested positive among people who have entered Nepal through illegal border routes from the neighbouring country, India. Therefore, the applicants had urged the concerned authorities to tighten security measures at borders to regulate such illegal influx, to mandatorily keep those who entered Nepal via such routes in quarantine facilities for a recommended timeframe. Also, to treat the ones who have tested positive with optimum care and respect while in isolation and to maintain the isolation facilities as per the prescribed guidelines.

Please click to read further: Court Order

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