Abduction and Extrajudicial Killing (by CPN-M)
Maoists abducted Arjun Bahadur, a secondary school management committee president, on April 19, 2005 from his school. According to witnesses, the men reportedly marched Arjun Bahadur through several villages before killing him. Following protests by his wife, the CPN-M claimed that Arjun was killed during a Nepal Army aerial strike.
The family first tried to file an FIR in June 2007, but the police refused. After a Supreme Court order to do so, the FIR was finally registered in August 2008.
An NHRC investigation concluded Arjun had been detained and deliberately killed.
Developments
On February 4, 2009, Kavre police told Advocacy Forum they had corresponded with the Sindhupalchowk DPO on June 19, 2008 to search and arrest the defendants from that district. The police said that they received a letter from Sindhupalchowk DPO on July 25 stating that Agni Sapkota had not been found in their district. Agni Sapkota was elected as a member of Constituent Assembly in April 2008.
On April 28, 2009, Kavre police told Advocacy Forum, OHCHR-Nepal, and a member of the victim’s family they had taken no further action, but after two hours of dialogue they agreed to write a letter to NHRC requesting help to locate the exact place of burial of Arjun Lama and try to identify witnesses, with technical support from OHCHR if required.
The police questioned some witnesses in May, 2009. On May 4, 2009, the DPO, Kavre wrote to the local police post at Foksingtar asking them to prepare a report about the incident.
There have been no substantive investigations into the FIR except for some correspondence between various police offices.
On January 22, 2010 DPO, Kavre sent a letter to the APO, Foksingtar to carry out an investigation, if necessary, and to protect the site where Arjun Bahadur Lama is thought to have been illegally buried.
On April 28, 2010, the complainant produced a statement at DPO, Kavre disclosing the address of the respondents.
On July 15, 2010, DPO Kavre sent a progress report about the case to the NHRC. AF lawyers are unaware of any further action by the NHRC.
