CCPR/C/114/D/2038/2011
surrounded their houses. Most of the soldiers wore the army uniform, and some covered
their faces with a scarf and carried weapons and torches. In groups of two to five soldiers,
they broke into the authors’ and other relatives’ houses at the same time, around midnight.
The soldiers appeared to be specifically targeting the authors’ eight young relatives. In each
case, their relatives were taken by force and against their will. During the operation, the
soldiers threatened to kill the authors and other relatives. Some soldiers also beat or pointed
their guns at certain authors. No reasons were given for taking the authors’ relatives, but, in
the cases of Radhulal, Kamala, Prem Prakash and Mohan, the soldiers assured the relatives
that they would return to their homes soon after being interrogated. In general, the families
were not given any information as to where the soldiers had taken their relatives.
Nevertheless, Prem Prakash’s wife was told that he would be taken to Rajapur, Kamala’s
parents were told that she would be taken to Gulariya, and Mohan’s mother was told that he
would be taken to Rajapur and then Gulariya. The authors have never seen their eight
relatives again, and no relevant information has been given as to their fate and whereabouts.
2.4
The authors claim that, although their region is geographically isolated and lacks
basic public services, including public transport, they made extensive efforts to locate their
relatives. They further claim that they had no access to support, since few human rights
non-governmental organizations (NGOs) worked in the area at the time and none provided
legal assistance, and that they looked for advice within the community, approaching its
leaders, such as the badghar6 of the village, the headmaster of the school and leaders of
political parties.
2.5
In the following days, some of them also met with Mr. S.D., a former member of the
parliament, who called the Area Police Office of Rajapur and the Thakurdwara army
barracks. However, the authorities denied any knowledge of or involvement in the
detention of their relatives. Mr. S.D. then called the Tikapur army barracks, and an officer
confirmed to him that soldiers from the barracks had taken the eight young persons, but
refused to give him further details. The authors also visited every police office and army
barracks in Bardiya district and the neighbouring district of Kailali. In different groups,
they went, inter alia, to the Area Police Office of Rajapur on two occasions, to the District
Police Office in Gulariya on approximately 15 occasions, and to the army barracks and
Area Police Office in Tikapur, Kailali District, on at least three occasions. They claimed
that the second time they went to the District Police Office in Gulariya, they left a letter that
had been written with the help of another person, describing how their relatives had been
arrested and taken away by soldiers on 11 April 2002. Later, they also tried to leave a copy
of this letter with the Area Police Office in Tikapur, without success. The authors submit
that all the authorities denied that their relatives had been detained, and did not offer any
assistance in looking for them or commit to undertaking an investigation into their
disappearance.
2.6
In 2003, Padam Tharu reported the disappearance of his son, Radhulal, to the
National Human Rights Commission office in Kathmandu. Later, he and his wife were
summoned by the Rajapur army barracks. At the barracks, the Army officers informed them
that they would start an investigation into the disappearance of their child, and that they
would contact the family if they obtained any information. However, the parents have not
heard from the Rajapur army barracks since then.
2.7
On 13 July, 23 September and 16 October 2003, the authors, with the assistance of
Advocacy Forum-Nepal, filed eight writs of habeas corpus with the Supreme Court, on
behalf of Dhaniram, Soniram, Lauti, Mohan, Prem Prakash, Chillu, Kamala and Radhulal,
respectively. During the proceedings, the Ministry of Defence, the Ministry of Home
6
4
According to the authors, the badghar is the traditional chief in Tharu villages.