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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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Conflict Victims and CSO Representatives Deliberate on TJ Bill

10 August 2024, Kathmandu: A consultation meeting between conflict victims and civil society organisations (CSO) representatives holding expertise in transitional justice (TJ) took place on Saturday in Kathmandu.

Participants in the event viewed the formation of the task force to deliberate on the bill to amend the Disappeared Persons Enquiry, Truth and Reconciliation Commission Act (TJ bill) and the report submitted by the task force as a vital moment in the TJ process of Nepal.

Victims said that the sudden transpiring of events in the often sluggish TJ process raised the need to hold a consultation meeting with CSOs. A meeting among eminent legal experts, human rights defenders and civil society representatives was held to review the provisions in the bill and analyse it from the victims' lens.

A total of 29 people comprising victims and legal experts participated in the meeting. Six legal and human rights defenders provided their insights on the bill.

During the meeting, victim community representative Gopal Bahadur Shah condemned the bill by saying that it was a sugar-coated poison. Another conflict victim Surendra Khatri showed dissatisfaction over the bill's failure in securing the rights of disabled victims. Another victim Kalyan Bahadur Budhathoki raised doubts about the bill saying that it fails to address the issue of child soldiers recruited during the conflict.

Legal experts highlighted that the provision on punishment for perpetrators of serious human rights violations in the bill is unjustified and it goes against the international principles of human rights law and humanitarian law.

International Senior Legal Advisor for the International Commission of Jurists and Advocacy Forum-Nepal's (AF) Founder Dr Mandira Sharma said that war crimes and crimes against humanity must be included within the definition of serious violations of human rights. She added that the provisions of claiming 25 percent punishment for perpetrators of serious human rights violations paves the way for blanket amnesty and limits the avenues for remedy of victims.

Legal Expert and Coordinator of the loose forum of human rights defenders Accountability Watch Committee Raju Prasad Chapagai emphasised that impunity for perpetrators tarnishes Nepal's image in the eyes of the international community.

Senior Advocate Dinesh Tripathi elaborated on the limitation set out to register cases of serious sexual violence. He concluded that the statute of limitation could be a hurdle to filing complaints about cases of sexual violence for adjudication.

Legal experts including Indra Aryal and Kashi Ram Dhungana and Human Rights Defender Charan Prasain mentioned that the bill was not victim-centric. They said that the narrowing down of the definition of 'enforced disappearances' prevented the victims who were forcefully disappeared and later released to seek justice. It does not align with the spirit of the Geneva Convention and the principles of international human rights and humanitarian law, they said.

The CSO representatives emphasised that the bill contains some positive aspects but still requires significant revisions from a human rights and humanitarian law perspective.

During the closing session, victims' representatives said that the meeting helped them garner a detailed understanding of the bill. They expressed gratitude to the experts for their invaluable expertise.

The victims also committed to communicating the understanding from the meeting to the larger mass of victims at the national level meeting scheduled for 11 August.

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