Case Updates

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

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 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

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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Nepal: Continued denial of justice for crimes relating to torture and ill-treatment – An independent mechanism needed to ensure prompt, thorough and effective investigations

On the occasion of the International Day in Support of Victims of Torture (26 June), victims' groups and associations and national and international human rights organizations call upon the Government of Nepal to immediately establish an independent mechanism to effectively investigate and prosecute all acts of torture and other cruel, inhuman or degrading treatment or punishment. International human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which Nepal is a party, oblige Nepal to investigate, prosecute, punish and provide effective remedies and reparations to victims of torture and other acts of ill-treatment. However, Nepal has failed to comply with these obligations.

Moreover, the impact of the ongoing COVID-19 pandemic on vulnerable groups, including detainees as well the victims of torture, has been enormous. Human rights organisations have documented increased cases of illegal detention because of the limited capacity of courts to scrutinize the legality of detention and lack of access for detainees to family members and lawyers. As a result of limited access to regular health care, the dire financial situation and rising uncertainty, the psychosocial health and well-being of victims of torture have further deteriorated.

The 1996 Torture Compensation Act (TCA), the first ever law relating to torture in Nepal, falls far short of international standards. Victims who resorted to this Act have not obtained justice due to its highly restrictive and flawed provisions. The criminalization of torture through the Penal Code, 2017 was a welcome step that raised some hopes for justice. However the fact that not a single case of torture has been successfully prosecuted under this Penal Code continues to cast doubt on Nepal's commitment to end torture and impunity in relation to torture. Prosecuting authorities often refuse to register First Information Reports (FIRs) on the allegations of torture or other ill-treatment against police officials in an attempt to protect their own colleagues.

As the past several decades have shown, the Nepal police refuse to self-police. Cognisant of the impunity for human rights violations committed by the security forces, the Supreme Court has recently ordered the Government to establish and independent mechanism to investigate and prosecute violations committed by the police. Thus, undersigned organisations call on the authorities to:

Establish an independent mechanisms to ensure investigation and prosecution of all acts of torture;
Ensure victims' right to an effective remedy;
Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and
Stop using Covid-19 as a justification to illegally detain, inflict torture or ill-treat people.

Endorsed by

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