August
Remembering Journalist Dekendra Thapa
It has been 17 years since journalist and human rights activist Dekendra Thapa was killed on August 11, 2004, by the then-militant party CPN-Maoist. Journalist Dekendra Thapa, who was also the then Chairperson of the Dailekh Water Consumer Committee, was abducted by the CPN-Maoist on June 26, 2004, from Desigade while on his way to repair the water supply. He was killed after one and a half months. The Maoists issued a public statement on August 15, four days later, fearing heavy criticism for killing a journalist. They claimed they killed him for inciting against the Maoists while serving as an announcer during the Dailekh tour program of the then King Gyanendra on March 14. The CPN-Maoist at that time did not want to reveal the location where Dekendra was killed or the condition of his body, fearing that the criticism of the killing could be more damaging. Meanwhile, the party’s central leadership apologized, stating that the killing was unplanned and that he died by chance while being punished. According to an eyewitness report from the investigation and court case, Dekendra was hit with a stick and killed under the pretext of accusations that he had come to the Maoist base to gather information against them. After Dekendra’s death, the Maoists buried him near the school. The exact location was not disclosed because the Maoists pressured residents to keep it secret.
Initiation of INSEC’s in Finding the Dead Body
Dekendra’s body was discovered following an alert from the Informal Sector Service Center (INSEC). The then-district representative of INSEC, Naman Kumar Shahi, spent three days working with locals to locate the burial site. Even though it had been four years since the killing and two years since the peace process began, no one was willing to speak about the incident. On June 22, 2008, after walking for three hours to Dwari, INSEC district representative Shahi arrived in Naumule. The burial site was revealed by a person who was leaving for India the next day and requested to keep his identity confidential. At that time, Shahi informed Bhola Mahat, the Coordinator of INSEC Lumbini Province Office in Nepalgunj, that Dekendra Thapa’s burial site had been found. Subsequently, the INSEC Central Office coordinated with the National Human Rights Commission and the Federation of Nepalese Journalists to exhume the body on July 28, 2008.
Basis of Cremation and Legal Proceedings
In coordination with INSEC, a technical team, including forensic specialist Dr. Harihar Wasti and human rights activists conducted the exhumation. During this, they found out the pieces of Dekendra’s clothes and that the back and thigh bone of his left leg were cracked. After exhuming the body, only bones remained, and the family cremated it in Sristhan on August 2, 2008, according to religious rituals. Based on the postmortem report, the family began legal proceedings. Dekendra’s wife, Lakshmi Thapa, filed a complaint at the Dailekh police on August 29, 2008, against four individuals, including Bam Bahadur Khadka alias Mukti, a Maoist activist, for their involvement in the killing. The police began investigating the case four and a half years after the FIR was lodged. After the incident, journalists questioned the newly appointed Chief District Officer (CDO) and police chief about why the culprits in Dekendra’s killing had not been prosecuted. When Bheri Zonal Police In-charge SSP Madhav Nepal visited Dailekh at the end of December 2012, he was also asked about the case. Following his order for the investigation officer to proceed, the investigation was initiated. Upon investigating the crime scene the Crime Investigation Officer Police Inspector Binod Sharma found that other Maoist activists, beyond those initially charged, were also involved in the incident. Inspector Sharma arrested Nirak Bahadur Gharti, Harilal Pun, Jai Bahadur Shahi, and Bir Bahadur KC on January 4, 2013, and started the investigation into the incident. Dekendra’s wife Lakshmi later filed a complaint against 4 people including Bam Bahadur Khadka and Keshav Khadka alias Arun of Dullu Municipality-6, Bam Bahadur Khadka alias Mukti of Bhagwatimai Rural Municipality-6, Bhaktiram Lamichhane of Kohalpur Municipality-3 of Banke. When the police began investigating, then-Prime Minister Dr. Baburam Bhattarai insisted that conflict-era incidents should not be pursued as court cases. This stance intensified central political tensions. Despite pressure from then-Attorney General Mukti Pradhan on the Dailekh Police and Public Prosecutor’s Office not to pursue the case, it proceeded to court following nationwide protests by the Federation of Nepalese Journalists.
Legal Process
After investigating the case on December 7, 2014, the Dailekh District Court delivered a deferred judgment regarding the four main fugitives. The court issued a verdict of imprisonment for four individuals who were arrested during the investigation, as they were only involved in burying the bodies according to the crime. The bench of District Judge Dilliratna Shrestha sentenced Nirak Bahadur Gharti, Harilal Pun, and Jai Bahadur Shahi to two years each, Lakshiram Gharti Magar to one year and six months and Bir Bahadur KC to one year. Nirak Gharti, who was sentenced to two years of imprisonment, had initially served one year, seven months, and one day in prison. He was later released, but after returning to prison through a court order, he completed an additional four months and 29 days of his sentence before being released again. District Judge Shrestha’s bench ruled that the case against the four main accused in the killing case, Arun alias Bam Bahadur Khadka and Keshav Khadka of Dullu Municipality-6, Bam Bahadur Khadka alias Mukti of Bhagwatimai Rural Municipality-6, and Bhaktiram Lamichhane of Kohalpur Municipality-3, Banke, should be deferred until their arrest, as they are currently absconding. In relation to the appeal at the Appellate Court of Surkhet, the aggrieved party argued that the sentence should not be reduced, and the defendants claimed that they should not be found guilty simply for helping to bury the body, on July 4, 2013, the bench of Judges Deepak Raj Joshi and Kumar Prasad Pokharel of upheld the district court’s decision. Among the main four accused in the killing of journalist Dekendraraj Thapa, Bam Bahadur Khadka, also known as Arun, from Dullu Municipality-6 Chhiudipusakot, who is now 41 years old, was arrested by the police on March 5, 2017. The case is charged as a killing case, and he is currently held in pre-trial detention at Dailekh Jail. However, Keshav Khadka of Dullu Municipality-6, Bam Bahadur Khadka alias Mukti of Bhagwatimai Rural Municipality-6, Bhaktiram Lamichhane of Kohalpur Municipality-3 of Banke are still absconding.
Connection and Fear with the Maoists
In a letter on July 24, 2012, written to his wife Lakshmi while he was under Maoist control for nearly a month, Dekendra Thapa wrote: ‘I can eat what I want and am being treated with more respect than others who were abducted. I am having a good time with my friends, so please don’t worry.’ In the second paragraph of his letter to his wife, he wrote, ‘If my death will help end the war, I am prepared to die with a smile for the sake of the people’s liberation and a brighter future.’ This indicates that there was a fear of being killed by the Maoists. The district leadership of the Maoists was pleased with Dekendra because he openly supported their efforts to reduce caste discrimination, combat violence against women, and discourage drinking and gambling. His positive relationship with them was also reflected in his actions, such as bringing photos of Maoist activities to the village and occasionally supplying essential items like shoes, jackets, and umbrellas to the workers. In March 2002, the Maoists cut off the water supply from the Kalekhola spring, which serves the headquarters. They had summoned journalists and human rights activists to the area to negotiate the release of individuals detained by the army. During a meeting held by the Maoists, Ratna Bahadur Khadka, Chairperson of the Water Consumer Committee, was absent, leading the Maoists to propose electing a new chairman. As discussions favored the appointment of journalists and human rights activists, Dekendra was elected as the new Chairperson of the consumer committee two weeks later. Additionally, Dekendra had arranged a meeting with both the community and the district leadership of the Maoists when Mercicore came to study the impact of the conflict. These efforts further illustrate the strong and positive relationship between Dekendra and the Maoists. After Dekendra was killed, it was stated that he died accidentally during punishment. However, his letter to his family, written after his abduction, clearly reveals that he had begun to fear the Maoists.
Dekendra as a multi-skilled individual
At the age of 33, during his killing, he was serving society as the Chairperson of Manav Sanshadhan Kendra. In addition to his leadership role, he was known for his eloquence, was a folk deuda singer, and was actively involved in politics. When Dekendra was killed by the Maoists, he was actively involved in several significant roles. He served as the Dailekh Correspondent for Radio Nepal, was the Chairperson of the Human Development Resource Center, and also held the position of Chairperson of the Dailekh Market Water Consumer Committee. Among the 13,236 people killed during the armed conflict led by the CPN-Maoist, the Dekendra killing case stands out as one of the most discussed incidents. The brutal murder of an unarmed individual who advocated for human rights drew significant attention also because the Maoists attempted to hide the body and obstruct the trial. Journalist Janak Nepal produced a video documentary highlighting the fight for justice in the Dekendra case. The District Development Committee of Dailekh provided Rs 300,000 to the Dekendra Memorial Foundation. Additionally, the Federation of Nepalese Journalists helped Dekendra’s children obtain an education. These efforts of cooperation and goodwill are done to help in the incomplete welfare work of Dekendra.
Amar Sunar
June
Following the interim order, Prakash Chaudhary and Malina Neupane, a same sex couple, registered their marriage. The couple registered their marriage fours years later of their traditional marriage.
Maya Gurung and Surendra Pandey, a same-sex couple, sought to register their marriage both at the district court and the High Court in Kathmandu. The District Court had denied the registration arguing it didn’t recognize a couple that did not have a legal male and a legal female identity. Furthermore, the Patan High Court declined to register their marriage, citing that it falls under the jurisdiction of the federal government rather than the court’s responsibility. The same-sex couples have been denied the right to acquire property and establish a family life due to the lack of registration for such marriages.
The enactment of legislation is still lacking, and the interim order alone may not suffice to ensure that all same-sex couples in Nepal can obtain legal recognition and rights equal to those of opposite-sex couples. Enacting legislation to legalize same-sex marriage would make Nepal the second country in Southeast Asia after Thailand and the second in Asia, following Taiwan and Thailand, to have marriage equality codified into law.
While the interim order represents a positive step forward, full legal recognition and codification of same-sex marriage rights remain a work in progress, necessitating the enactment of specific legislation.
https://www.hrw.org/news/2023/12/14/did-nepal-achieve-marriage-equality-not-quite-yet
April
In December 2005, seven political parties and the insurgent Communist Party of Nepal (Maoist) forged a pivotal agreement on 12 points. This historic accord aimed to reclaim democracy, which had endured repeated disruptions by coups. Established in 1950, democracy faced a setback in 1989 due to King Mahendra’s actions. Despite its reinstatement in 1989, democracy suffered another blow when King Gyanendra dissolved the prevailing parliament on October 4, 2002, and assumed direct power on January 24, 2005. Subsequently, a movement arose advocating for a democratic system without monarchy. From 2006 to 2007, citizens protested for 19 days. Finally, on April 24, 2006, the announcement heralding the establishment of democracy in the country was made.
https://www.britannica.com/biography/Gyanendra https://www.jstor.org/stable/23005941
https://www.future.edu/wp-content/uploads/2018/05/nepal_people_create_peace_case_study.pdf
https://academic.oup.com/cdj/article-abstract/21/3/217/342904?redirectedFrom=PDF
https://english.onlinekhabar.com/loktantra-day-2006-peoples-movement.html
March
Gaur Incident: Igniting the Quest for Justice
In the rice mills located in Gaur Municipality, families still campaign for justice concerning the incident that occurred on March 21, 2007. During a rally of Maoists, supporters of the forum disrupted the Maoist stage. Approximately seven minutes later, Maoist activists ran from the rice mills towards the stage of the forum, escalating the disruption. While the Maoists claim the incident was not a two-way clash, the INSEC report of the incident mentions two-way clashes in the vicinity of the rice mills. Despite both sides being informed in advance to organize the event together, the local administration failed to exercise appropriate caution in time, resulting in significant human casualties, as stated in the report.
Thirteen Years of Gaur Incident: Victimized Families Still Waiting For Justice
https://myrepublica.nagariknetwork.com/news/home-ministry-signs-five-point-pact-with-gaur-massacre-victims-struggle-committee/
https://en.nepalkhabar.com/news/detail/5553/
https://kathmandupost.com/politics/2023/08/10/deal-with-kin-of-gaur-victims-puts-coalition-at-risk
https://thehimalayantimes.com/opinion/tht-10-years-ago-25-killed-40-hurt-maoists-clash-mjf-men
February
In the case regarding the death of Maina Sunar, a 16-year-old school girl, during the armed conflict, the District Court of Kavre has issued a verdict sentencing Nepalese army generals and their fellow soldiers to life imprisonment for their involvement in extrajudicial killings. The military court’s decision on March 7, 2006, which found Major General Babi Khatri, along with soldiers Nilu Prasad Adhikari and Amit Pun, responsible for Maina Sunar’s death during a military operation amid the conflict had sentenced Major General Babi Khatri, Nilu Prasad Adhikari and Amit Pun to six months of imprisonment. Additionally, Khatri received a two-year imprisonment term along with a fine of 50,000 rupees and a one-year suspension of promotion. The other two soldiers were fined 25,000 rupees each, accompanied by one year of imprisonment and a one-year suspension of promotion. Due to lack of appropriate legal action against the perpetrator, Maina’s mother, Devi Sunar, continues her advocacy in pursuit of justice for her daughter.
https://inseconline.org/en/hr-report/extrajudicial-killing-of-maina-sunar-a-case-report-2/
https://inseconline.org/en/news/maina-sunuwar-murderer-gets-life-imprisonment/
https://inseconline.org/en/forum/nepals-transitional-justice-crisis-of-political-will/
https://nepalitimes.com/news/she-would-have-been-33-this-year
https://thehimalayantimes.com/nepal/maina-sunar-murder-three-army-officials-sent-jail-life
October
Maniklal Waiwa, a 32-year-old resident of Lalitpur district in Kaleshwar Vdc-7 (Mahangkal rural municipality-4), was a victim of the ten-year Maoist insurgency. According to INSEC records, on the night of the 10th of Kartik, 2059, 4-5 Maoist activists abducted him and killed him by slitting his throat with a sharp weapon near his residence in Ghatekhola. Mr. Vaiwa was also a teacher at Navodaya Primary School in Kaleshwar Khantikadada and served as the president of Navjyoti Rilek, an organization affiliated with INSEC.
A Forgotten Human Rights Defender
September
Accused of Killing of Krishna Prasad Adhikari Arrested
Hearing of Krishna Prasad Adhikari’s Case Postponed
Twenty Years of Seeking Justice
August
Supreme Court Objects Government’s Decision to Provide Amnesty to Resham Chaudhary
Tikapur Incident: High Court Sentences Eight People, Including Resham Chaudhary to Life Imprisonment
Supreme Court Upholds Chaudhary’s Life Sentence
Supreme Court Issues Show Cause Order Against President’s Decision
INSEC Demands Government to Refrain from Providing Pardon to Persons Guilty of Tikapur Incident
District Court of Kailali orders life sentence to the convicts of Tikapur incident
