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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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A writ for the protection of right to health of detainees and prisoners registered- Court issues interim order making the COVID-19 test compulsory

27 July 2020, Banke: Advocacy Forum-Nepal together with other human rights organizations and advocates registered a writ petition on 23 July 2020 at the High Court Tulispur- Nepalgunj bench demanding protection of right to life and health of detainees and prisoners with District Administration Office Banke, Prison Office Banke, and Child Correction Home, Health Office etc as defendants. The writ petition demanded the Court to protect the right to life, right to be safe from communicable diseases, right to health, right to legal counselling of detainees and also conduct PCR (Polymerase Chain Reaction) testing and other necessary health facilities of the detainees and prisoners. Furthermore, the writ also demanded to provide personal protection equipment (PPE) for the security personnel in contact with the detainees. The application further demanded to conduct compulsory PCR testing of the detainees before they are presented to the Courts or sent to prison or Child Correction Home, not to house more prisoners than the maximum capacity of a prison. Despite the constitutionally guaranteed right of the detainees to consult legal professionals, such right has not been implemented in practice so the petition also demanded the arrangement of a separate and secured unit for legal counselling. The petition further demanded for an interim order against the defendants as per Rule 42(1) of the High Court Regulations 2016 and Section 158(2) of Muluki Civil Procedural Code 2017 has also been demanded from the Court.

Furthermore, the petition highlights the pertinent problems such as lack of nutritious food, proper place to sleep, shower, toilet, medical facilities, meeting and communication with relatives and so on due to overcrowd in the prsion as a result of which life of the prioners has become miserable. Overcrowd in the prison has made it impossible to maintain physical distancing exposing the prisoners to risk of spread of COVID-19. Similarly, due to the overcrowdness at the Child Correction Home, 20 children are forced to sleep in one room which makes it impossible to maintain physical distancing and implement health regulations.

Responding to the writ petition, on 26 July 2020, stating that there is no guarantee that the prisons are free of COVID-19, the Court issues an interim order against the defendants to, (i) conduct PCR tests of the security personnel and staffs who come in contact with the prisoners, (ii) to compulsorily test COVID-19 for the new prisoners and juvenile delinquents before sending them to prison or Child Correction Homes, (iii) to conduct PCR testing of all prisoners in different phases, starting with the ones who are suffering from various diseases, women and senior citizens, (iv) to maintain physical distancing to the maximum extent possible and make compulsory arrangements for mask, soap and sanitizers, (v) to sanitize the food brought from outside before providing to the prisoners/detainees, (vi) in other matters, implement the decision of the High Court dated 04 February 2015.

Interim Order of High Court on Detainees and Prisoners - 26 July 2020

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