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News Archive 2020
Increasing risk of COVID-19 in Child Correction Home in Banke
6 August 2020: Following the spike in the COVID-19 cases, the increased risk and the measures to combat infection in Child Correction Home becomes more inevitable than ever. Bimala Kaucha (in-charge of the Child Correction Home at Daduwa Rural Municipality, Banke) informed that the children in the correction homes have so far tested negative for the coronavirus. However, with various District Courts continue to issue orders to detain juveniles in correction homes, the influx of children at Banke- based correction home is never-ending. Kachua shared that no polymerase chain reaction (PCR) test is conducted on children sent to the correction homes, completely flouting the order of Nepalgunj High Court. The ongoing practice has posed an imminent risk of the possible outbreak of the infection in the child correction home.
Prohibitory Order Enforced in Banke: Affects the Regular Court Proceedings
6 August 2020: The regular proceedings at the Banke District Court and High Court Tulsipur Banke Bench have once again been affected with the prohibitory order in place. The District Administrative Office (DAO) issued a prohibitory order on 2 August 2020 in a bid to control the spread of the infection and to prevent more people from getting infected. The Court had just resumed its regular services as the lockdown orders were lifted on 21 July 2020.
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.
A Memorandum submitted requesting the government to ratify the Rome Statute
On the occasion of International Justice Day, Advocacy Forum-Nepal along with other human rights organizations submitted a memorandum to the government through District Administration Office, Banke appealing ratification of Rome Statute.
Field Report on the Situation of Banke Prison after an Inmate and a Police Official Infected with Covid-19
A 28-year-old man accused of theft and sent to Banke Prison for trial after failing to deposite the bail amount and a 30-year-old police official working in the same prison have been infected with covid-19. The inmate fell sick on 4 July 2020 and was taken to Bheri Hospital the same day. On 8 July 2020, he was brought back to Banke Prison and kept in the isolation unit. To guard him, Assistant Sub-Inspector and two policemen were posted in the isolation unit. PCR test for COVID-19 was found positive in one police official also. Now both of them have been sent to isolation centre situated in Khajura.
District Courts Indifferent to Juvenile Justice
02 July 2020, Kathmandu: In the course of prioritizing the best interest of children amid COVID-19 concerns, on 20 March 2020, 25 March 2020 and 3 April 2020, the full bench of the Supreme Court (SC) issued directives that minors currently detained at correction facilities in different parts of the country to be handed over to their parents or guardians upon request to serve the remainder of their sentence at home. However, district courts are found deciding cases against the very spirit of SC's order. Even in offenses of similar nature, some Courts have released the juveniles whereas some rejected the application for release. More importantly, Judges of district courts have been using their absolute discretionary power to decide cases. These inconsistencies in decisions have already raised discourse in legal community. It also poses an imminent risk in the administration of the justice.
AF releases torture report - The Need of New Polices and Legal Reform
26 June 2020, Kathmandu: In order to commemorate the International Day in Support of Victims of Torture-2020, Advocacy Forum-Nepal (AF) has published a report titled, "Torture in Nepal in 2019-The Need for New Policies and Legal Reform" on torture/ill-treatment of detainees in police custody presenting an analysis of data collected from detainees in police custody and Child Correction Homes (CCHs) in 2019. This year, AF also analysed data on compensation to assess the effectiveness of the laws, policies and practices in place to provide compensation and reparation for victims of torture.
Conflict Victims Draw Attention of Stakeholders-Submit Memorandum in Banke
On 23 June 2020, Advocacy Forum-Nepal together with District Transitional Network, Banke submitted a memorandum to Ajay Kumar Shrivastav (Coordinator, District Coordination Committee, Banke), Dirgharaj Upadhyay (Assistant Chief District Officer, District Administration Office, Banke), Uma Thapa Magar (Deputy Chief, Nepalgunj Sub-Metropolitan Office) and Chandrakanta Chapagain (Chief, National Human Rights Commission, Nepalgunj), regarding the concerns of conflict victims during the COVID-19. The Memorandum was also communicated to Baijanath Rural Municipality via an email.
High Court Decides in Favor of Two Children
High Court repeals the decision of Banke District Court and orders to take appropriate decision relating to two children kept in Child Correction Home
Tulsipur High Court, Nepalgunj Bench has ordered Banke District to take an appropriate decision relating to a writ of habeas corpus filed by Advocacy Forum on behalf two children Lakhanwar and Puraina (psudonyms). Taking the decision made by Full Bench of Supreme Court regarding the present Covid-19 situation and the best interests of the children into consideration, High Court has repealed Banke District Court’s decision of not releasing the children on parental custody and further issued an order to take an appropriate decision so that they can be released into parental custody under condition to be presented whenever the Court summons.
AF aids on Organizing Health Camp in Child Correction Home - Banke
On 20 June 2020, Advocacy Forum-Nepal organized a health camp in coordination with Health Page and Bageshwori Television at Jayandu Child Correction Home situated at Duduwa Rural Municipality of Banke district. In the health camp, out of 101 children housed at the Child Correction Home, 73 children received necessary medical treatment. A major health problem was skin diseases spreading easily because of overcrowding in the correction home. A follow-up health camp will also be organized.
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