Dear Friends,
The Asian Human Rights Commission (AHRC) wishes to forward to you the following press release from the Advocacy Forum, Nepal.
Asian Human Rights Commission
Hong Kong
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A Press Release from the Advocacy Forum, Nepal forwarded by the Asian Human Rights Commission (AHRC)
Advocacy Forum (AF) has sought the interventions of the appellate courts in Nepal today in relation to 28 cases of grave human rights violations in a total of 12 districts. The organization assisted 24 families to file petitions of Mandamus requesting court orders for police to promptly investigate First Information Reports (FIRs) concerning extrajudicial executions and enforced disappearances that occurred during the armed conflict, and 4 other families to file petitions of Mandamus seeking court orders for the police to formally register the FIRs something the police have refused to do for months.
Despite the legal duty of the police to initiate investigations after FIRs are filed; to submit reports to the public prosecutor who then brings charges against those responsible, the police in all these FIRs has so far failed to proceed with effective investigations. The Nepali criminal justice system has failed to effectively respond to these complaints and not a single perpetrator in these or any other cases has been brought to justice before a civilian court yet.
The 24 FIRs were registered as far back as October 2006; and October 2008 in the most recent case; the police failures to register the 4 FIRs date back to September 2006 to February 2009. The petitioners have claimed that the delays in police investigations have not only delayed justice to victims but that the police inaction has also contributed to ongoing impunity. As the police have failed to investigate the FIRs for a long time, the petitioners have asked the court to order the police to complete its investigations within three months.
Despite the commitments made by previous governments time and again, all of them have failed to provide justice to the victims of human rights violations. AF calls upon the present government to give top priority to investigate and prosecute the most serious crimes of the conflict and ensure victims rights to truth, justice and reparation.
AF, a national human rights NGO, stands with the victims and their families and demands that the investigation in the FIRs are carried out without any delay and that perpetrators are brought to book in fair trials.
AF has provided legal aid to file petitions of mandamus in the following cases. (More details of the cases can be found in a joint AF Human Rights Watch report: Waiting for Justice, published in September 2008 (http://www.hrw.org/en/reports/2008/09/11/waiting-justice-0):
| S.N. |
Name of the victim |
FIR Registered Date |
Incident Date |
Address |
| 1. |
Pahalbir B.K. |
15 February, 2007 |
July 11, 2004 |
Baglung district |
| 2. |
Raju B.K. |
March 18, 2007 |
March 1, 2002 |
Baglung district |
| 3. |
Ganga Gauchan |
15 February, 2007 |
July 11, 2004 |
Baglung district |
| 4. |
Chandra Bahadur B.K. |
April 12, 2007 |
January 3, 2003 |
Myagdi district |
| 5. |
Khagendra Budhathoki |
April 12, 2007 |
January 6, 2002 |
Myagdi district |
| 6. |
Dhan Bahadur Tamang |
October 15, 2009 |
Sept. 27, 2004 |
Morang district |
| 7. |
Purna Shrestha |
October 15, 2009 |
Oct. 15, 2005 |
Morang district |
| 8. |
Madhu Ram Gautam |
October 15, 2009 |
Dec. 18, 2004 |
Morang district |
| 9. |
Rupa Tharu |
Nov. 15, 2007 |
July 21, 2002 |
Bardia district |
| 10. |
Bhauna Tharu |
July 24, 2006 |
May 30, 2002 |
Bardia district |
| 11. |
Keshar Bahadur Basnet |
Feb. 14, 2007 |
March 11, 2002 |
Bardia district |
| 12. |
Manoj Kumar Datta |
October 19, 2006 |
Oct. 12, 2003 |
Dhanusha district |
| 13. |
Ram Chandra Lal Karna |
Oct. 19, 2006 |
Oct. 12, 2003 |
Dhanusha district |
| 14. |
Narayan Prasad Kanaje |
Dec. 31, 2006 |
March 22, 2005 |
Palpa district |
| 15. |
Tek Bahadur Gaha |
Dec. 31, 2006 |
March 22, 2005 |
Palpa district |
| 16. |
Dal Bahadur Darlami |
Dec. 31, 2006 |
March 22, 2005 |
Palpa District |
| 17. |
Chot Nath Ghimire |
Nov. 19, 2006 |
Feb 2, 2002 |
Lamjung District |
| 18. |
Shekhar Nath Ghimire |
Nov. 19, 2006 |
Feb. 7, 2002 |
Lamjung District |
| 19. |
Ganga Bahadur Nepali |
April 6, 2007 |
April 29, 2002 |
Tanahun District |
| 20. |
Shyam Sundar Kaini |
April 6, 2007 |
April 29, 2002 |
Tanahun District |
| 21. |
Parbati Thapa and Dal Bahadur Thapa |
July 15, 2007 |
Sept. 10, 2002 |
Banke District |
| 22. |
Dhani Ram Chaudhari |
Oct. 29, 2007 |
Sept. 29, 2004 |
Banke District |
| 23. |
Kamal Dahal |
May 4, 2008 |
Jan. 1, 2002 |
Banke District |
| 24. |
Jaya Lal Dhami |
Sept. 10, 2007 |
Feb. 12, 2005 |
Dadeldhura District |
| 25. |
Bishal Nemwang |
FIR not registered |
July 9, 2008 |
Jhapa District |
| 26. |
Rama Devi Adhikari |
FIR not registered |
July 3, 2005 |
Jhapa District |
| 27. |
Binod Pokharel |
FIR not registered |
May 18, 2002 |
Udayapur District |
| 28. |
Deshraj Rai |
FIR not registered |
Nov. 6, 2003 |
Udayapur District |
Mandira Sharma
Director, Advocacy Forum
June 18, 2009
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