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News
10 Members of Biplab-led Group arrested; 9 tested Covid-19 Positive
28 August 2020, Kathmandu: Area Police Office (APO), Butwal has arrested 10 members of Biplab-led group from Butwal Sub-Metropolis on July 31, 2020. They were participating in a meeting at the house of Bam Bahadur Tharu located in ward no 17, the police source informed. Police further claimed that some of them were found to be armed and the investigation is underway. The police further informed that three of those arrested are under investigation for violating public morality and seven others are being investigated for possession of arms and ammunition. When taken to the Rupandehi District Court for jail/bail hearing on 25 August 2020, the Court stated that no hearing will be conducted without the PCR test of detainees. Their swabs were collected for the PCR test, but their reports did not come on time and the deadline to present them in the Court expired. Rupandehi Department of Health Service stated that 9 out of 10 detainees tested positive for the COVID-19.
Lives of Inmates at Risk in the wake of Surging cases of Corona Virus
Kathmandu, 23 August 2020: The inmates in Banke district prison are under threat of corona virus infection due to high number of prisoners, new prisoners coming wihtout PCR test and infection cured prisoners are brought back in the prison. The Banke District Prison can shelter 350 (300 males and 50 females) inmates, however, currently it is housing 773 inmates. After the ruling of High Court, Nepalgunj bench, a total of 45 female inmates were transferred to prisons based in Dalekh and Bardiya districts on 11 August. However, after that 26 new male inmates were sent to the Banke district prison.
Inmates in Banke Prison infected with COVID-19: A Need of Special Attention
6 July 2020: Banke-based prison has been sealed after 7 inmates were found to have contracted the coronavirus. According to Devendra Shrestha, a jailor, swabs of 21 prisoners were collected, out of which, 7 of the inmates tested positive for COVID-19.
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.
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