Press Release on EJK report

प्रेस बिज्ञप्ति : (तराईमा निरतन्तर गैरन्यायिक हत्या प्रतिवेदन)

Concluding observations of the second periodic report of Nepal*

संयुक्त राष्ट्र संघीय मानव अधिकाकर समतिले आफ्नो सिफारिश तथा निश्कर्षहरु चैत १२ गते प्रकाशित गरेको छ, जसमा समितिले तराई क्षेत्रमा भएको गैरकानूनी हत्या, हिरासतमा भएको मृत्यु तथा हिरासतमा दिनेगरिएको यातना तथा हिरासतमा गर्नेगरिएको अमर्यादित व्यवहारका सम्बन्धमा चिन्ता व्यक्त गरेको छ । समितिले कानून कार्यान्वयन गर्ने अधिकारीहरुद्वारा हुने अत्यधिक शक्तिको प्रयोग रोक्नका लागि व्यवहारिक कदम चाल्नका लागि पनि सुझाव दिएको छ । उच्च सतरीय आयोग वनाई यस्ता आरोपहरुलाई छानवीन गर्न संसद व्यवस्थापीकामा रहेका सभासदहरुले यो बिषयमा आवाज उठाउन जरुरी छ । 

HRC recommendatios and donors resonbililities
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              Concluding observations of the second periodic report of Nepal*

1.   The Committee considered the second periodic report submitted by Nepal (CCPR/C/NPL/2) at its 3050th and 3051st meetings (CCPR/C/SR.3050 and CCPR/C/SR.3051), held on 18 and 19 March 2014. At its 3061st meeting (CCPR/C/SR.3061), held on 26 March 2014, it adopted the following concluding observations.

            A.        Introduction

2.   The Committee welcomes the submission of the second periodic report of Nepal, which was due in 1997, and the information presented therein. It expresses appreciation for the opportunity to engage in a constructive dialogue with the State party’s delegation on the measures that the State party has taken since its last review in 1994 to implement the provisions of the Covenant. The Committee is grateful to the State party for its written replies (CCPR/C/NPL/Q/2/Add.1) to the list of issues, which were supplemented by the oral responses provided by the delegation.

           B.     Positive aspects

3.   The Committee welcomes the following legislative and institutional steps taken by the State party:

       (a)           The signing of the Comprehensive Peace Accord in 2006;

       (b)           The adoption of the interim Constitution in 2007;

       (c)           The introduction of a third gender in various official documents, including citizenship certificates, pursuant to the Supreme Court judgment of 21 December 2007; and

        (d)      The establishment of the second Constituent Assembly in January 2014 and the appointment of the Cabinet in February 2014.

4.   The Committee welcomes the ratification by the State party of the following international instruments:

       (a)           The Second Optional Protocol to the Covenant in 1998;

       (b)           The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in 2006;

       (c)           The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2007;

       (d)           The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women in 2007;

       (e)           The United Nations Convention against Transnational Organized Crime in 2006 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the Convention, in 2008; and

       (f)            The Convention on the Rights of Persons with Disabilities and its Optional Protocol in 2010.

          C.     Principal matters of concern and recommendations

                         Impunity for gross violations committed during the conflict

5.   The Committee is concerned at the prevailing culture of impunity for gross violations of international human rights law and serious violations of international humanitarian law committed during the ten-year conflict from 1996 to 2006, including extrajudicial killings, enforced disappearances, torture, sexual violence and arbitrary detention. In particular, it expresses concern at:

       (a)           The lack of investigation and prosecution of perpetrators, exacerbated by political interference in the criminal justice system, such as the refusal by the police to register First Information Reports, pressure exerted on law enforcement officials not to investigate or prosecute certain cases, and extensive withdrawal of charges against persons accused of human rights violations; noting that not a single conflict related case has been successfully prosecuted through the criminal justice system;

       (b)           The denial of effective remedies to victims, noting that only limited monetary forms of assistance have been provided to some victims or their relatives under the Interim Relief Programme while others have been excluded, including victims of torture, rape and other forms of sexual violence; and

       (c)           The lack of a vetting system to exclude persons accused of serious human rights violations from holding public office and the practice of promoting such individuals instead (arts. 2, 3, 6, 7, 9, 10 and 16).

The State party should:

       (a)           Ensure that all gross violations of international human rights law, including torture and enforced disappearances, are explicitly prohibited as criminal offences under domestic law;

       (b)           End all forms of political interference in the criminal justice system and undertake independent and thorough investigations into alleged conflict-related cases of human rights violations, and hold the perpetrators accountable without any further delay. The Committee stresses that transitional justice mechanisms cannot serve to dispense with the criminal prosecution of serious human rights violations;

       (c)           Create, as a matter of priority and without further delay, a transitional justice mechanism in accordance with the Supreme Court writ of mandamus of 2 January 2014 and ensure its effective and independent functioning in accordance with international law and standards, including by prohibiting amnesties for gross violations of international human rights law and serious violations of international humanitarian law; 

       (d)           Ensure that all victims are provided with an effective remedy, including appropriate compensation, restitution and rehabilitation, taking into account the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (A/RES/60/147); and

       (e)           Adopt guidelines for vetting to prevent those accused of violations of the Covenant from holding public office and being promoted.

                         Views under the Optional Protocol to the Covenant

6.   While welcoming the commitment expressed by the State party delegation to fully implement the Views of the Committee adopted under the first Optional Protocol, and noting that “interim relief” has been provided to some victims, the Committee expresses concern at the failure of the State party to implement the Views of the
Committee (art. 2).

The Committee urges the State party to take concrete steps to give full effect to all Views on individual communications adopted by the Committee, in particular by conducting prompt, thorough and independent investigations, prosecuting those responsible, and providing effective remedies and reparation to victims without any further delay. The Committee reiterates that transitional justice mechanisms are not sufficient to dispense with the criminal prosecution of serious human rights violations.

                         National Human Rights Commission (NHRC)

7.   The Committee is concerned at the introduction of restrictions to the independent and effective functioning of the NHRC through the adoption of the National Human Rights Act in 2012. While noting the Supreme Court decision of 6 March 2013 which declared various provisions of the Act null and void, the Committee regrets the lack of progress in bringing the Act in line with the Paris Principles. It also regrets the inadequate implementation of the recommendations issued by the NHRC, despite the fact that they are binding under domestic law (art. 2).

The State party should amend the National Human Rights Act 2068 (2012) to bring it in line with the Paris Principles (General Assembly resolution 48/134, annex) and the Supreme Court decision of 6 March 2013 so as to ensure its independent and effective functioning. It should also amend procedures governing the appointment of Commissioners to ensure a fair, inclusive and transparent selection process, and ensure that the recommendations issued by the NHRC are effectively implemented.

                         Gender equality

8.   While noting the steps taken by the State party to promote gender equality, the Committee expresses concern at the extremely low representation of women, particularly Dalit and indigenous women, in high-level decision-making positions. The Committee regrets the persistence of patriarchal attitudes and deep-rooted stereotypes that perpetrate discrimination against women in all spheres of life, and the prevalence of harmful traditional practices such as child marriage, the dowry system, son preference, witchcraft accusations and chaupadi (arts. 2, 3 and 26).

The State party should take all necessary measures to effectively implement and enforce the existing legal and policy frameworks on gender equality and non-discrimination, pursue its efforts to increase the representation of women in decision-making positions, and develop concrete strategies to eliminate gender stereotypes on the role of women, including through public awareness campaigns. It should also take appropriate measures to: (a) explicitly prohibit all forms of harmful traditional practices in domestic law and ensure their effective implementation in practice; (b) conduct awareness-raising campaigns on the prohibition and negative effects of such practices, particularly in rural areas; and (c) encourage reporting of such offences, investigate complaints from victims and bring those responsible to justice.

                         Caste-based discrimination

9.   While welcoming the adoption of the Caste-based Discrimination and Untouchability (Offence and Punishment) Act in 2011, the Committee remains concerned at the lack of its effective implementation and the persistence of de facto discrimination against the Dalit community. It also regrets the lack of sufficient resources provided to the National Dalit Commission and the failure to effectively implement its recommendations (arts. 2 and 26).

The State party should strengthen its measures to implement the Caste-based Discrimination and Untouchability (Offence and Punishment) Act and to eliminate all forms of discrimination against the Dalit community. It should also ensure that the National Dalit Commission can carry out its mandate effectively with sufficient resources, and that its recommendations are effectively implemented.

                         Extrajudicial killings, torture and ill-treatment

10. The Committee is concerned at reports of unlawful killings in the Terai region, deaths in custody, and the official confirmation of the widespread use of torture and ill-treatment in places of police custody. It is deeply concerned at the failure of the State party to adopt legislation defining and criminalizing torture, and at the lack of concrete and comprehensive information on investigations, prosecutions, convictions, sanctions imposed on those responsible, and the impunity of law enforcement officials involved in such human rights violations (arts. 2, 6, 7, 9, 10 and 14). 

The State party should take practical steps to prevent the excessive use of force by law enforcement officials by ensuring that they comply with the Code of Conduct of Law Enforcement Officials (General Assembly resolution 34/169) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990). It should take appropriate measures to eradicate torture and ill-treatment, including by adopting legislation defining and prohibiting torture with sanctions and remedies commensurate with the gravity of the crime, in accordance with international standards. It should also ensure that law enforcement personnel receive training on the prevention and investigation of torture and ill-treatment by integrating the Manual on the Effective Investigation and Documentation of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol). The State party should ensure that allegations of unlawful killings, torture and ill-treatment are effectively investigated, and that alleged perpetrators are persecuted and, if convicted, punished with appropriate sanctions, and that the victims and their families are provided with effective remedies.

                         Arbitrary detention 

11. While noting that article 24 of the interim Constitution affords some legal guarantees to persons deprived of their liberty, such as the right to be informed of the grounds of their arrest and access to a court within 24 hours, the Committee expresses concern at the failure to respect such rights in practice. It also expresses concern at the lack of effective guarantees, in law and in practice, of the rights of detainees to notify their immediate family members about their detention and to have access to a doctor from the moment of arrest, as well as the practice of maintaining false or inadequate custody records and keeping detainees in unofficial places of detention (arts. 9, 10 and 14).

The State party should take appropriate measures to ensure that no one under its jurisdiction is subject to arbitrary arrest or detention and that detained persons enjoy all legal guarantees, in compliance with articles 9 and 14 of the Covenant. It should also publish all official places of detention on a regular basis and explicitly forbid and criminalize the use of unofficial places for detention.

                         Conditions of detention

12. While welcoming the introduction of the concept of open prisons and a community prison system, the Committee expresses concern at overcrowding in prisons and jails, unsanitary conditions of detention, and inadequate provision of basic services and facilities, including medical care and adequate facilities for confidential meetings with lawyers (arts. 9 and 10).

The State party should take urgent measures to establish a system of regular and independent monitoring of places of detention and to reduce overcrowding and improve conditions of detention, in line with the Standard Minimum Rules for the Treatment of Prisoners. In this regard, the State party should consider not only the construction of new prison facilities but also the application of alternative measures to pretrial detention, such as bail and home arrest, and non-custodial sentences, such as suspended sentences, parole and community service. The State party should also establish a confidential mechanism for receiving and processing complaints lodged by detainees.

                         Violence against women

13. While noting the adoption of various laws and policies aimed at eliminating violence against women, the Committee expresses concern at their weak implementation, lack of a comprehensive system to collect data on cases of different types of violence against women, and continuing reports of widespread sexual and domestic violence against women and girls. It is also concerned at the narrow definition of rape, the lack of progress in abolishing the 35-day limitation period for filing complaints of rape, and disproportionately low penalties for marital rape. The Committee further regrets the ongoing failure by the police to register complaints, investigate and prosecute rape cases, and the trend of such cases being diverted to settlement through informal justice mechanisms (arts. 2, 3 and 7).

The State party should ensure that all forms and manifestations of violence against women are defined and prohibited under domestic law with sanctions commensurate with the gravity of the offence, in accordance with international standards. It should establish a comprehensive national data collection system on cases of different types of violence against women to enable the State party to adopt targeted strategies and evaluate their effectiveness. It should also conduct awareness-raising campaigns on the negative effects of violence against women, inform women of their rights and existing mechanisms of protection, and facilitate complaints from victims. The State party should further ensure that cases of violence against women are thoroughly investigated, perpetrators are prosecuted and, if convicted, punished with appropriate sanctions, and that victims have access to effective remedies and means of protection.

                         Refugees

14. While commending the State party for hosting a large number of refugees and asylum-seekers in its territory, the Committee is concerned that identity documents have not been provided to Tibetan refugees since 1995, which places the majority of the Tibetan refugee population at risk of financial penalties under the 1994 Immigration Rules for irregular entry or presence in the State party, detention, deportation and refoulement. It also expresses concern at the restrictions imposed on Tibetan refugees’ rights should the State party deem any activity to undermine the friendly relationship with its neighbour. The Committee is also concerned about the lack of legislation that would ensure adequate protection against refoulement (arts. 2, 7, 9, 13, 19, 26 and 27).

The State party should adopt national refugee legislation in accordance with international standards, strictly uphold the principle of non-refoulement, and exempt refugees and asylum-seekers from penalties under the 1994 Immigration Rules. It should undertake a comprehensive registration exercise of long-staying Tibetans to ensure that all persons have proper documentation and ensure, in law and in practice, that all refugees and asylum-seekers are not subjected to arbitrary restrictions of their rights under the Covenant, including freedom of expression, assembly and association. It should also guarantee access to its territory to all Tibetans who may have a valid refugee claim and refer them to UNHCR.

                         Corporal punishment

15. While noting the adoption of the National Children Policy in 2012, the Committee notes that corporal punishment remains a concern, especially in the home, where it traditionally continues to be practiced as a form of discipline by parents and guardians (arts. 7 and 24).

                         The State party should take practical steps, including through legislative measures where appropriate, to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects.

                         Fair trial

16. The Committee is concerned at the failure to respect the right to remain silent in practice, lack of legal clarity concerning the inadmissibility of evidence obtained as a result of coercion, and the inadequate provision of legal aid services. It also reiterates its previous concern regarding the quasi-judicial authority of Chief District Officers (CDOs), whose dual capacity as members of the executive and judiciary in criminal cases contravenes article 14 of the Covenant (art. 14).

The State party should take effective measures to guarantee the right to a fair trial, in accordance with article 14 of the Covenant and general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial. In particular, the State party should effectively ensure the right to remain silent in practice, amend the Evidence Act to clarify that no defendant should be compelled to give evidence and ensure that evidence which is the result of coercion is inadmissible, and ensure that right to legal aid under domestic law is guaranteed in practice. It should also limit the judicial authority of CDOs to cases of minor gravity and amend the laws granting CDOs judicial authority in line with the requirements under article 14 of the Covenant.

                         Juvenile justice

17. The Committee expresses concern at the low age of criminal responsibility set at ten years, and the systematic failure to accord children the right to a fair trial with effective procedural guarantees appropriate to their ages. It also regrets the failure to fully implement the 1992 Children’s Act which calls for the establishment of an independent juvenile court (art. 14). 

The State party should raise the minimum age of criminal responsibility to an acceptable level under international standards, and establish an independent juvenile court to take into account their age and the desirability of promoting their rehabilitation.

                         Trafficking and bonded labour

18. The Committee expresses concern at the lack of effective implementation of the Human Trafficking and Transportation (Control) Act of 2007, and the persistence of trafficking for purposes of sexual exploitation, forced labour, bonded labour, domestic servitude and marriage, as well as trafficking in human organs. It is also concerned at the alleged involvement of State officials in trafficking-related crimes. The Committee is further concerned that child labour and traditional practices of bonded labour such as Haliya, Kamaiya and Kamlari are still prevalent in some regions of the State party (arts. 8 and 24).

The State party should strengthen its efforts to prevent, suppress and punish trafficking in persons, trafficking in human organs and bonded labour, including the establishment of a system of data collection and analysis to identify trends and implement effective strategies, and adoption of measures aimed at empowering vulnerable groups to eliminate their risk of exploitation. It should also ensure the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007, prosecute and sanction perpetrators, including State officials complicit in trafficking-related crimes, and provide victims with adequate protection and assistance. 

                         Freedom of expression

19. The Committee expresses concern at vague and overbroad restrictions to the right to freedom of expression under article 12 of the Interim Constitution, and at reports that journalists and human rights defenders are subjected to physical attacks, death threats, harassment and reprisals by security forces, police, armed groups and youth wings of political parties (art.19).

The State party should guarantee, in law and in practice, the right to freedom of expression to all individuals, including non-citizens, and ensure that any restriction to the right is in compliance with the restrictions as set out in article 19, paragraph 3 of the Covenant and the Committee’s general comment No.34 (2011) on freedoms of opinion and expression. It should also investigate all cases of threats and attacks against journalists and human rights defenders, hold the perpetrators accountable, and provide effective remedies to victims.

                         Birth registration and nationality

20. The Committee, while appreciating efforts made thus far, expresses concern at the low number of birth registrations, particularly in rural areas, and at difficulties faced by women in the registration process. It also regrets that the current legislation does not provide for the granting of nationality to children born in the territory who would otherwise be stateless. Moreover, while welcoming the launch of national distribution campaigns, the Committee is concerned that more than four million persons still lack citizenship certificates, which is essential for the enjoyment of rights guaranteed in the Covenant, including the right to vote. It is also concerned that women are denied equal rights as men with respect to acquiring and conferring nationality (arts. 3, 16, 24, 25 and 26).

The State party should amend the Birth, Death and Other Personal Incidents Registration Act to ensure the birth registration of all children born on its territory, and establish an efficient birth registration system that is free of charge at all stages. It should also continue to strengthen efforts to remove barriers, particularly for women and those living in rural areas, to access citizenship certificates and birth registrations. The State party should ensure that citizenship provisions of the new Constitution guarantee the equal right of women to acquire, transfer and retain citizenship. 

21. In accordance with rule 71, paragraph 5, of the Committee’s rules of procedure, the State party should provide, within one year, relevant information on its implementation of the Committee’s recommendations made in paragraphs 5, 7 and 10 above.

22. The Committee requests the State party, in its next periodic report, due to be submitted on 28 March 2018, to provide, specific, up-to-date information on all its recommendations and on the Covenant as a whole.

                                      

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                     *   Adopted by the Committee at its 110^th session (10–28 March 2014).

Discrimination with Madhesi Dalit

I am a conscious Nepali citizen and am working as a social worker. I have been raising voice in favour of democratic values, customs and principles of inclusiveness, racial harmony, multilingualism and protection of identies.
    The opponents deprived me of the opportunity to serve on the SMC because I am a madhesi and belong to the Dalit community and thus violated the law. The opponents action violated my citizens right  enshrined in section 3 and 4 of Civil Rights Act, 1955 and therefore I have come to seek remedies from this court as per section 8(2) of judicial Administration Act, 1991. The election for the chairman of school management committee(SMC) of Mahalaxmi  Primary School, Kapasi Karma, was held on December 29,2013. I got 58 votes but the opponents did not validate the last ballot paper though the  larger part of the stamp was in my column. The opponents invalidated the last ballot paper and declared that top two contestents  had a tie. The opponents then tosed  a coin when went in my favour.
I won the election and even the documents were prepared to this effect, This process was again bypassed and it was decided that the winner will be selected through lottary system. The opponents conspired against me and wrote to paper pieces both of which had the word 'defeated'. The other opponent did not open his paper and threw it away, Thus all the opponents who are of pahadi (hill origin)conspired against me who was the only candidate from madhesi origin. The opponents violated rule 23 of education regulation and other existing education measure. The opponents did not give me any opportunity to present my points of arguments. The moment I won 58 votes and my opponent-2 won 57 votes , opponent-2 said that opponent-4  should be declared winner and I should be declared loser and this reflected his hatred towards me, who is a member of madhesi Dalit  community. This selection committee, officer, staff of opponent no-3, police all is from the pahadi community and the candidate opponent no-4 is also from the same community. Thus the opponents have violated section 3 (1)(2) of the untouchability crime elimination and punishment Act, 2011 which prohibits discriminations against anybody on the basis of caste, ethnicity, and profession. Of the 123 guardians, 84 have filed a complaint at the DEO demanding reelection, but the education body paid no heed to their demand. Thus the decision by the opponent-1,2 and 3 to declare opponent-4 the winner is illegal and should therefore be quashed.
   Sabitri Chamar  who was my representative was not allowed to enter the election venue. Thus the opponents violated my right to be elected to a public post and  guaranteed by section 3 and 4 of the civil rights Act. I hereby, seek nullification of the election held for school management committee and issuance of new appropriate order in the name of the opponents to hold fresh election for the same.
                                                                                                        Applicant
                                                                                                   Murali Chamar

जनता राज्यद्वारा प्रयोजित हिंसाको ऐतिहासिकरुपमा शिकार

तराईमा प्रहरीहरूद्वारा हुने हिंसाले गर्दा विधिको शासन लागू गर्ने मूल दायित्व बोकेका संस्थाहरूमा अत्यन्त नराम्रो प्रभाव परेको छ र तिनको विश्वसनीयता खासगरी प्रहरीको विश्वसनीयतालाई धुमिल बनाएको छ । यसको प्रभाव तराईमा एकदमै नराम्रो परेको छ किनभने त्यहाँका जनता राज्यद्वारा प्रयोजित हिंसाको ऐतिहासिकरुपमा शिकार हुँदैआएका छन् । 

यो प्रतिवेदनले तराईमा भइरहेको मानव अधिकारको निरन्तर उल्लंघनको घटनाको दस्तावेजीकरण गरेर ओएचसीएचआरको वहिर्गमनपछि मानव अधिकारको क्षेत्रमा सिर्जना भएको रिक्ततालाई पूरा गर्ने लक्ष्य राखेको छ र त्यसकारण तराई क्षेत्रमा विधिको शासन प्रत्याभूत गर्न, त्यहाँ भएका गम्भीर मानव अधिकारका उल्लंघनका घटनामा जिम्मेवारीपन एवं जवाफदेहिता कायम गर्न, प्रत्याभूति गर्न सरकारलाई विश्वव्यापी आवद्यिक समीक्षा प्रक्रियाअन्तर्गत नेपाली जनता एवं अन्तर्राष्ट्रिय समुदायसमक्ष गरेको प्रतिबद्धता पूरा गर्न अनुरोध गर्दछ ।

गैर न्यायिक हत्याका घटनाहरूको प्रभावकारी छानबिन गर्नका लागि कार्यविधिहरू अपर्याप्त

गैर न्यायिक हत्याका घटनाहरूको प्रभावकारी छानबिन गर्नका लागि कार्यविधिहरू अपर्याप्त रहेका छन् । यी त्रुटिहरूले नेपाली कानुनी प्रणालीको कमीकमजोरीहरूलाई अझ उजागर गर्दछ । कुनै पनि अपराधको अनुसन्धानको पहिलो अवरोध भनेको जाहेरी दरखास्तको दर्ता गराउने कुरा हो । अपराध हुँदा प्रायः जसो जाहेरी दरखास्त दर्ता गर्न प्रहरीले अस्वीकार गर्ने गरेको पाइएको छ । ओएचसीएचआरले जाहेरी दरखास्त दर्ता गर्न अस्वीकार गर्ने प्रवृति व्यापक रहेको छ र प्रहरीले आफ्नो गैरकानुनी कार्यको जाँच पडताल टार्ने उद्देश्यले यो अनौपचारिक नीति अबलम्बन गरेको हो भन्ने भान पर्दछ भन्ने कुरा उल्लेख गरेको थियो ।ज्ञद्द अपराध घटना भएपछि जाहेरी दरखास्त सबैभन्दा नजिकको प्रहरी कार्यालयमा दर्ता गर्नुपर्दछ ।ज्ञघ यसको मतलव प्रहरीले हत्या ग¥यो भने उनीहरूविरुद्धको जाहेरी दरखास्त पनि उनीहरूबाटै वा उनीहरूको सहयोगीबाट दर्ता गराउनुपर्दछ जसले गर्दा निष्पक्ष छानबिन हुने सम्भावना रहँदैन । र अन्त्यमा महान्यायाधीवक्तालाई प्रहरीहरूद्वारा हुने छानबिनको सुपरिवेक्षण गर्ने अधिकार भए पनि यो कुरा प्रहरीले प्रारम्भिक प्रतिवेदन दायर गरिसकेपछिमात्रै लागू हुन्छ । त्यसकारण प्रहरीहरूले प्रहरीहरूद्वारा भएको हत्याको मुद्दालाई भवितब्य ज्यानमा मुद्दा चलाउने वा अनुसन्धानलाई वर्षौसम्म लम्ब्याउने काम गर्दछन् ।
(जिम्मेबार बनाउनका लागि दण्डहिनता अन्तय गर्न कानुनमा गर्नुपर्ने सुधार (ह्ेल्ड टु एकाउन्ट, मेकिङ द ल वर्क टु फाइट इम्प्युनिटी इन नेपाल), डिसेम्बर २०११, एडभोकेसी फोरम तथा रिड्रेस, पृष्ठ ७)

About EJK Report

गैरन्यायिक, विनापुर्पक्ष र स्वेच्छाचारी हत्यासम्बन्धी संयुक्त राष्ट्र संघीय ¥यापोर्टरले गैरन्यायिक हत्यालाई त्यस्तो हत्याको रुपमा पारिभाषित गर्दछ, जसले अन्तर्राष्ट्रिय मानव अधिकार अथवा मानवीय कानुनको उल्लंघन गर्दछ र जसमा प्रहरीद्वारा गरिने गैरकानुनी हत्या, सैनिक तथा नागरिक हिरासतमा हुने मृत्यु र व्यक्तिद्वारा गरिने हत्या जसमा सरकारी अधिकारीहरूले पर्याप्तरुपमा अनुसन्धान गर्दैन, त्यस्ता घटनालाई बुझाउँदछ ।”ठ यो प्रतिवेदनमा हामीले प्रहरी हिरासतमा भएको मृत्यु,र सुरक्षासम्बन्धी कारवाहीमा भएका त्यस्ता मृत्युहरूलाई समावेश गरेका छौं, जसमा मृतकले सुरक्षा अधिकारीको हात खुट्टा तथा ज्यानमाथि खतरा सिर्जना गरेका थिएनन् र उनीहरूलाई नियन्त्रणमा लिन सकिने अवस्था थियो तर सुरक्षा कारवाही गर्दा ती व्यक्तिको मृत्यु भएको थियो । गैर न्यायिक हत्याले मान्छेको बाँच्न पाउने अधिकारको उल्लंघन गर्दछ, जुन अधिकार मानव अधिकारसम्बन्धी विश्वव्यापी घोषणापत्रको धारा ३ र नागरिक तथा राजनीतिक अधिकारसम्बन्धी अनुबन्धको धारा ६ ले प्रत्याभूत गरेको छ । धारा ६ ले यो अधिकार कानुनद्वारा संरक्षित हुनेछ र “कसैलाई पनि बाँच्न पाउने अधिकारबाट स्वेच्छाचारी तरिकाले बन्चित गरिने छैन” भन्ने उल्लेख गरेको छ ।

Our Research book launch on March 29, 2014

Research book of Continuing Extrajudicial Execution in the Terai is going to launch on March 29, 2014, researched and published by THRD Alliance.

Statement Of Hemant Chaudhary about his arrest:

Personal details of victim:

Victim's Name: Hemant Chaudhary

Age: 24 Years

Address: Baijapur VDC-6, Banke

Profession: Journalism

Education: Intermediate

Contact NO. : 9848134542

Gurdian: Susil Sharma(publisher of Korsh Dainik)

Gurdian's NO. : 9848275217

Report Of the Incident

Date and Time: August 6,2013 at 10:15pm

Location: Nepalgunja Muncipality 1, Banke near Puspalal Chowk.

Added Time: Released without keeping in the custody.

Meeting with the family:

Blame: Beating without any reason.

Statement Of Hemant Chaudhary about his arrest:

It was Tuesday's night. As usual, after completing the work of the Naya Korsh Dainik, Chaudhary was going with plates(pre-used material for printing) to the Tripura offset. A police on duty mistreated him when he was going on foot. A soldier of Armed Police Force  named Gandhiraj Gurung, slapped chaudhary on his right cheek closed to the ear for  not walking on the sidewalk. Gurung beat him with his boot injuring his right leg. After this police team of Nepalgunja deployed under Ram Bahadur KC took him to the Nepalgun Medical College. Chaudhary said the police intimidated him for not waking on the sidewalk of the road.  Chaudhari said police verbally abused him when he told the police not to intimidate him or speak aggressively.  both the police personnel were intoxicated, said Chaudhary.

Statement Of Victims regarding consequences of Torture inflicted on him(Chaudhary):

 Due to police's torture, Chaudhary has difficulty in sitting  and  standing up  and his right ear and leg have  also swelled.

 Reason for Torture:  Didn't walk from the side of the road.

Alleged perpetrator: Gandhiraj Gurung

Gandhiraj Gurung who has been working in the Nepalgunja police cell for six years  and another bulky police personnel whose identity could not be ascertained.

                                                                                               

           Reporter

                                                                                      Reporting Date: April,8,2013

                                                                  Alam Khan, Human Rights Officer

                                                           THRD Alliance, Mid-Western Office, Banke.

Ajay Marik, Rita Devi Marik and Binod Basfor, resident of Dharan Municipality, Sunsari were subjected to caste discrimination.

Case: Caste discrimination

Date and time of incident: January, 04, 2014

Location: Chhata Chowk, Dharan

Alleged perpetrator:  Nanda Lal Sah, Director,  Parvati Sweats Corner

Source of Information: Blast Daily newspaper

 

Background:   Proprietor  of Parvati Sweats Corner Nanda Lal Sah is accused of discriminating Ajay, Rita and Binod for being Dalits. Ajay who  is a staff at the Dharan Municipality, said the shop owner discriminated him in front of his guest when he went  to have  tea at the shop. The three victims said the shopkeeper called them Dom and mistreated them. He said when he went to the shop at 8 am on Saturday, the shop owner denied to serve them tea and pushed them away from the shop. Not only that, the shop owner  poured hot tea on his wife Rita Devi Marik.

 But, She’s  son said he didn't serve them  tea because his mother falls sick. According to Binod Basfor who works at B.P Korala Institute of Health Science Nanda Lal also discriminated them. The victims have filed a complaint at the Area Police Office  against this act of caste discrimination seeking compensation from the perpetrator. A police team deployed under Inspector Mukund Rijal of Area Police Office arrested Sah.   Police Inspector Rijal said action will be taken against the perpetrator in accordance  with anti-cast discrimination law.

 Rajkishor son of Nanda Lal said, his mother falls sick when she comes in contact with Doms and that was the only reason they told them to go to a different tea shop.  Rajkishor, however, denied mistreating the three victims. He said the three people were told to go out after they started touching the sweets at the shop. “I have served them tea many times when my mother was not in the shop.  I only told them not to come to our shop when my mother is around,” he added.    Rajkishor said, these people came to his shop with the intention to pick a fight. His mother told them that they were not discriminated on grounds of caste.

Dalit activists said when his mother Parvati came to the  Area police Office, she looked sick but she could be faking her illness. Role of Institution: This case is being investigated by National Human Rights Commission. Area police Office has kept the alleged perpetrator in the custody and investigating the case as per anti-cast discrimination act.