CCPR/C/112/D/2018/2010
2.8
Later that day, the national radio station broadcasted news that “three terrorists,
namely Ms. R.R., Subhadra Chaulagain and T.L., in Pokhari Chauri Village of Kavre
District were shot dead in an encounter with the security forces”.
2.9
On the day following Subhadra’s extrajudicial killing, the author made an oral
complaint to the District Police Office in Kavre. However, instead of listening to what he
had to say, the police officers threatened him and sent him away. The author therefore
lodged a complaint with the Chief District Officer, and left Subhadra’s body exactly as it
was found in the hope that the police would investigate.
2.10 On that same day, the author also contacted lawyers at Advocacy Forum-Nepal and
informed them about his daughter’s killing. Four or five days after the incident,1 they
visited the scene, took photographs of the body and collected witness statements. As no
police came to examine the body, or commenced any kind of investigations, the last rites
were performed on the body of the author’s daughter. The body was never given an autopsy
and has never been exhumed for examination.
2.11 On 29 February 2004, the author made an application to the National Human Rights
Commission (NHRC), asking for an investigation to be undertaken. The NHRC conducted
an investigation into the case, together with that of Ms. R.R. It concluded, in June 2005,
that Subhadra had been unlawfully killed, and recommended that the Government identify
and take legal action against the security personnel involved in the killing and provide
150,000 rupees to each of the families as compensation.
2.12 On 8 June 2006, soon after the end of the armed conflict, the author filed a First
Information Report with the District Police Office (DPO) for murder. The author included
details of the Royal Nepal Army’s search team that had been in the village on 12 and 13
February 2004, specifically mentioning brigade No. 9 from Bhakundebesi (Kavre), led by a
lieutenant.
2.13 As the police did not conduct an investigation, on 8 October 2007 the author
submitted a writ petition to the Supreme Court requesting a mandamus order and other
necessary orders from the court. Since no effective investigation had been undertaken since
the filing of the First Information Report (FIR) more than one year previously, seeking a
court order was a necessary step to try and force the police to investigate.
2.14 The District Attorney’s Office submitted a written reply on 23 November 2007,
asking the Court to quash the writ petition on the basis that all necessary investigations into
the case had been made. Specifically, the police had written a letter to brigade No. 9 at
Bhakundebesi, requesting documents stating the name of the commander who had led the
search team in Pokhari Chauri village and killed Subhadra. A written reply from brigade
No. 9 at Bhakundebesi had been received on 14 August 2006, stating that the search team
had been led by lieutenant S.B., and that junior army staff D.T.M. had commanded the
operation to surround Subhadra’s home and arrest her. However, they claimed that
Subhadra had tried to escape, which was why she had been shot. The DPO then sent a letter
to the Zonal Police Office (ZPO) requesting that all soldiers involved in the search team
under lieutenant S.B. be summoned to the DPO and information such as their names,
surnames and current posting be given to the DPO. No response was received. The request
to quash the writ petition concluded that the exchange of correspondence “has fulfilled all
liability remaining under the jurisdiction of this office to arrest the guilty as per the
applicant’s demand”.
2.15 In its response to the court, the District Attorney’s Office claimed that if the report
with documents attached to it had been received from the DPO, Kavre, the Office would
1
4
Ward No. 3, Pokhari Chauri village, Kavre District, is located almost 150 kilometres from Dhulikhel,
the district headquarters. It is extremely difficult to access during the dry season and access is
virtually impossible during the monsoon.