Extrajudicial Killings

Army personnel arrested Ganga Bahadur Nepali and Shyam Sundar Kaini from their homes on April 29, 2002. The next morning, Radio Nepal reported that the two men were terrorists who had been planning to ambush security forces and had been killed as they were attempting to execute this plan. Army Major Baburam Shrestha refused to hand over the bodies initially, only doing so after being pressured by the CPN-UML general secretary. The general secretary released a statement indicating that he had heard testimony from soldiers at the barracks to the effect that the two men were arrested and executed.

Developments

There was no investigation even after registering the FIR.
On June 18, 2009, both families lodged writ petitions to seek an order for the DPO and Public Prosecutor’s Office to investigate the killings.

On December 23, 2009, the Kaski Appellate Court quashed the petitions on the basis of a written reply by the DPO that the investigation was underway. On March 28, 2010 an appeal was filed at the Supreme Court, challenging this decision. A hearing has been scheduled for November 25, 2010.


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