5 July 2011. By sending a letter to Attorney General Yuvraj Sangraula today, Advocacy Forum (AF) has raised concerns about the lackluster investigation regarding the murder case of Reena Rasaili. (Click Letter to AG for the full Text).
In the letter, AF has ascribed the current state of criminal investigation in the case to an attempt to an attempt to wrest jurisdiction for the investigation and prosecution of all cases of serious human rights violations from the civilian justice system and a challenge to the authority of the Office of the Attorney General itself.
On February 12, 2004, a group of army personnel had allegedly raped and killed 18-year-old Reena Rasaili at her family’s home .The family heard three gunshots and found her body lying near the house with bullet injuries in the head, eye, and chest. The First Information Report filed at the Kavre District Police Office on 25 May 2006 identified unnamed members of an army patrol led by second lieutenant, Saroj Basnet from No.9 Brigade, Bhakundebeshi, Kavre as suspects. One member of the patrol was detained on 17 September 2010. However, there has been no progress in the investigation.
In December 2009, the Supreme Court concluded that the Nepal Police had not properly investigated the case, in part because of inadequate supervision by prosecutors. The Court ordered the Office of the Attorney General to direct the District Attorney of Kavre to take prompt action to ensure that the investigation and prosecution moves forward – including directing and coordinating with the District Police.
The letter highlights a couple of issues including several avenues for further investigation in the case, and the inadequacies of the legal arguments put forth by the defendants to justify their non-cooperation with police and prosecutors.
