Torture and Extrajudicial Killings

A group of 50 security personnel arrested Tom Nath Poudel, Bishwanath Parajuli, and Dhan Bahadur Tamang at Bhategauda, on September 27, 2004. They detained them overnight at a nearby school. Other individuals detained at the school later reported hearing gunshots at around 4:45 a.m. that night. The victims’ families visited the school and found that the men had been shot and killed.
An NHRC investigation found they had been extrajudicially executed.

Developments

On October 15, 2008, all the victims’ families attempted to file FIRs but only the FIR relating to the killing of Dhan Bahadur Tamang was accepted and filed the same day.

On June 18, 2009, his family filed a petition of mandamus at the Biratnagar Appellate Court seeking an order for the police to promptly start an investigation into the FIR.

The relatives of Bishwanath Parajuli and Tom Nath Poudel are considering filing a mandamus petition to get a court order to register the FIRs.
In relation to Dhan Bahadur Tamang, on October 26, 2009 the Appellate Court, Biratnagar issued a mandamus order for the Morang DPO to start an investigation into the FIR promptly, reminding it of its duties in law.
Advocacy Forum lawyers have been unable to find any evidence of progress in the police investigations.


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