Summary:

Torture victim Padam Bahadur Khandka, 14 (at the time of incident), a resident of Manau Village Development Committee-05, Bardiya district, and his family members are still under constant threat for filing a torture compensation case against Lance Corporal Man Bahadur Khadka of Nepal Army for inflicting severe torture on him on 02 October 2011 [2068/06/15] on suspicion killing a spotted deer.

On 11 November 2011, with the support of AF, victim Khadka filed torture case before the District Court, Bardiya. The case is under consideration.

Threat details:

At around 9.45 PM on 28 January 2015 Lance Corporal Man Bahadur Khadka phoned to Sher Bahadur Khadka, victim's uncle from a number 9815541013 and threatened to life. He said, "You people have filed a torture case against me. Now you have migrated to Raratal from Manau. If you want to live, withdraw the torture otherwise I can kill all your family members with the support of goons within a week."

With the support of AF, on 29 January 2015, victim has filed an application before the District Administration Office, Bardiya requesting security of life and property.

Earlier threat on  November 2011:

According to the victim's father Lok Bahadur Khadka:

After my son's release I filed a case on behalf of my juvenile son against the perpetrator on 11 November 2011 [2069/07/25] before the Bardiya District Court. From that day onward the perpetrator is threatening us directly or indirectly. As the perpetrator is a local resident, he is trying to deprive us from using local resources including river and pasture land. Likewise, while returning his home from the army barracks in the night, the perpetrator occasionally stops near our home and walks around our home as if he is searching something and spying against us. Some of our villagers have reported him saying about me, "He has filed a case against me. The case may affect my career. If I am dismissed from the job due to that case, I will kill all of his family members." Likewise, it has been reported that he has been offering beer and meat to other torture victims and eye-witnesses of the case to give negative testimony against us before the court. I reported about the threat to human rights organizations. After some national and international human rights defenders visited to my home, the perpetrator kept mum for a couple of weeks but he has started threatening us again. My son reported that he heard the perpetrator saying, "If the state of emergency is announced in Nepal again in future, I will kill all of his family members. If there is no state of emergency announced again I will kill at least one of his family members at any cost if I am dismissed from my job."

In this way, we are living under constant threat. As the perpetrator is powerful and a local resident, he can use other army men or civilian for reprisal. We stay vigil in the night and fear that anything can happen to us at any time anywhere.

According to the torture victim Padam Bahadur Khadka:

After we filed the case against the perpetrator he has started threatening us directly or indirectly. He is trying to boycott us from our neighbors and friends to weaken us to withdraw the case. It has been reported that he is trying to lure our eyewitnesses with different kinds of bribes. He has been threatening us to kill all the family members and occasionally spies and makes round to our home in the night while returning to his home from duty at the army barracks where he works. He is trying to deprive us from using public facilities and local resources. We are under constant threat.

Note: For details of torture case please contact us at: info@advocacyforum.org