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Krishna Adhikari

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

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 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

Close Encounters
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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Custodial Death Victim Barai's Family received Monetary Support

19 September 2011. The family members of Dharmendra Barai, 15, a permanent resident of Gonaha VDC-2, Puraini, Rupandehi district, who died in an unusual circumstance in police custody at Khajuriya Police Station in Rupandehi district at around 12.30 in the night on 03 July 2010, have received monetary support of NRs. 1, 50, 000/- (one hundred fifty thousand) by the District Administration Office, Rupandehi in September 13, 2011.
During a sectoral meeting with DAO, Rupandehi, held in September 13, 2011, AF representatives raised the issue that the victim's family should be provided monetary support without any condition. In September 15, 2011, DAO, Rupandehi provided the monetary support to the family members of the victim. Advocacy Forum provided free legal aid to the victim's family members.

Legal Proceedings: After the incident, victim's father Hariram Barai, 45, filed an FIR at District Police Office, Rupandehi in August 22, 2010 against five police officers but the police denied registering the FIR. So, the same day he posted the FIR in the name of DPO, Rupandehi and District Administration Office (DAO), Rupandehi but the authorities concerned never called him to verify the FIR.

In September 9, 2010, victim's father filed a mandamus at Appellate Court, Butwal, Rupandehi district. In September 10, 2010, AC, Butwal issued a show cause order in the name of DPO, Rupandehi and DAO, Rupandehi and the order was accomplished in September 29, 2010.

In October 6, 2010 DAO, Rupandehi and in October 24, 2010, DPO, Rupandehi, registered separate rejoinder at AC, Butwal.  In November 16, 2010 AC, Butwal ordered the DPO, Rupandehi to present progress report of investigation in written along with the copy of FIR filed by victim's father. After there was no response from the DPO, Rupandehi, AC, Butwal issued a mandamus in the name of DPO, Rupandehi in January 26, 2011 stating, "It is decided to issue an order in the name of DPO, Rupandehi to initiate a fully independent, impartial, effective and prompt investigation into the case as per law."

Present Status of the Case: According to the decision of Appellate Court, Butwal made in January 26, 2011 and accomplished in June 01, 2011, the defendants are given due dates to appeal at Supreme Court if they are not agreed with the mandamus to register the FIR. It is not known whether the defendants have appealed at SC or not. After conformation the case would be proceed accordingly.

Government Role: After national and international pressure the Ministry of Home Affairs (MoHA) and District Administration Office, Rupandehi had formed separate investigation team in the case. The report of DAO, Rupandehi states, "The alleged perpetrators are found careless. So, departmental action should be taken against the perpetrators and the family members of the victim should be provided compensation." But the investigation team formed by MoHA has not made its report public yet.

By the decision of Council of Ministers of Government of Nepal, Ministry of Home Affairs released NRs. 1, 50, 000/- in February 02, 2011 in the name of District Administration Office, Rupandehi to provide monetary support to the family members of victim. But some people had warned the victim's father that he would have to withdraw the case to receive the monetary support provided by the government. So, victim's father had refused to receive the monetary support earlier.

NHRC Role: It has been reported that the Sub-regional Office of National Human Rights Commission, Butwal had called the alleged perpetrators time and again to report in the office for their statement regarding the allegation in the case but no one has reported till date. Still NHRC has not made any recommendations for monetary support or compensation to the family members of the victim and departmental action against the perpetrators.

Demands of Victim's Father: Victim's father Hariram Barai said, "The family members of the person who lose life in road accident are provided NRs. 5, 00, 000/- (five hundred thousand rupees) and the family members of the person who is killed by state force (even by non-state force if there is political connection) are provided NRs. 10, 000/- (ten hundred thousand rupees). So, my son who was illegally detained and killed in police custody also should be provided NRs. 10, 00, 000/- (ten hundred thousand rupees) compensation and the departmental action should be taken against the perpetrators. My son should be declared a martyr as others."

He further said, "Prachanda Thaiba, a CPN-UML cadre, who was killed last year by Maoists cadres was provided NRs. 10, 000/- (ten hundred thousand rupees) compensation by the government but my son who was illegally detained and killed in police custody is denied justice."

International Concern: Asian Human Rights Commission (AHRC) had issued Urgent Appeals in the case urging the authorities concerned to form an independent, impartial and competent investigation team to establish truth in the case, book the perpetrators to justice and provide justice to the family members of victim.

Please refer:
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-110-2010/?searchterm=dharmendra%20barai

Please refer:
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-034-2010/?searchterm=dharmendra%20barai
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