CCPR/C/123/D/2658/2015
1.
The author of the communication is Gyan Devi Bolakhe, a national of Nepal born in
1973. She submits the communication on behalf of herself, her deceased husband (Hari
Prasad Bolakhe), their four children (Sajana, Kalasha, Barsha and Santosh Bolakhe), as
well as her parents-in-law (Pushpa Prasad Bolakhe and Lila Kumara Bolakhe). Mr. Bolakhe
was a national of Nepal born in 1969. The author claims that the State party has violated the
rights of her husband under articles 6, 7, 9, 10, 16 and 17 read alone and in conjunction
with article 2 (3) of the Covenant, and her rights and the rights of her children and parentsin-law under article 7 alone and in conjunction with 2 (3) of the Covenant. The author is
represented by counsels. The Optional Protocol entered into force for Nepal on 14 August
1991.
The facts as submitted by the author
The conflict
2.1
Between 1996 and 2006, Nepal was immersed in an internal armed conflict between
the Government of Nepal and the Communist Party of Nepal (Maoist). A state of
emergency was declared from 28 November 2001 until 20 August 2002. Wide powers were
given to security officers by the terrorist and disruptive activities ordinances and the
Terrorist and Disruptive Activities Act (2002), including the right to arrest persons believed
to be involved in what were termed “terrorist activities”, which led to a steep increase in
violations committed by the Royal Nepalese Army. During the conflict, widespread human
rights violations, including arbitrary arrest and detention, torture, rape and enforced
disappearances were documented. 1 Unlawful killings and extrajudicial executions by law
enforcement officers and unlawful killings by Maoists were a constant feature of the
conflict.2 One of the patterns of extrajudicial executions by security forces was to launch
search operations in villages, take into custody a number of local people, interrogate and
beat them, then take them to a secluded place and shoot them. Killings were often justified
as an unavoidable consequence of crossfire and labelled “encounter killings”.3
First arrest and enforced disappearance
2.2
Mr. Bolakhe was a Christian pastor of the Seventh-day Adventist Church located at
Gatthaghar, Bhaktapur District. He resided there but frequently visited his family, who
lived in Fulbari Village, Kavrepalanchowk (Kavre) District. The family had a public
telephone booth at their home, which had sometimes been used by Maoists.
2.3
On 1 May 2001, Mr. Bolakhe was arrested by a joint security forces unit, including
the Army, on allegations of involvement with Maoist activities and allowing Maoists to use
the telephone. At the time of his arrest, he was not formally informed of the charges against
him and was not allowed to consult a lawyer. His family was able to establish his
whereabouts only 14 months later, when he was transferred to Dhulikhel prison on 14 July
2002. Mr. Bolakhe was held in different army barracks before being released on 20 April
2003. He was released after his father had signed a paper stating that his son would not
commit any illegal acts, and on the condition of reporting regularly to the Kavre District
Police Office.
Interrogation and arrest and torture of the elder brother
2.4
In November 2003, Mr. Bolakhe was again called by Army officials at the
Bhakundebesi barracks for interrogation after a bomb targeting the Army went off near his
1
2
3
2
The author refers to Amnesty International, Nepal: A Spiralling Human Rights Crisis (London, April
2002) and “Nepal: a deepening human rights crisis” (London, 19 December 2002); Human Rights
Watch, Between a Rock and a Hard Place: Civilian Struggle to Survive in Nepal’s Civil War (6
October 2004); and Office of the United Nations High Commissioner for Human Rights (OHCHR),
Nepal Conflict Report 2012 (Geneva, October 2012).
In this context, the author refers to Amnesty International, “Nepal: Killing with Impunity”, (2005),
p. 3, https://www.amnesty.org/en/documents/asa31/001/2005/en/.
The author refers to Amnesty International, “Nepal: killing with impunity” (London, 20 June 2005)
and OHCHR-Nepal, “Investigating allegations of extra-judicial killings in the Terai: OHCHR-Nepal
summary of concerns” (Kathmandu, July 2010).