ANNUAL REPORT 2004
Lalitpur. It was revealed that people were indeed being kept in custody there. Similarly,
from the complaints filed at the Commission, it has been seen that a number of persons
are still being detained in the barracks. The names of 40 such detainees and the place of
their detention have come to the notice of the Commission. In this regard, it was
decided to call the Defense Secretary to the Commission and seek an explanation with
regard to such unlawful detentions.
3.6.2. The Commission’s Decisions on the Complaints During the
Reported Fiscal Year
The following table shows the decisions made by the Commission on the lodged complaints
during the reported period in order to protect and promote human rights:
S. No.
Date of decision
Meeting No.
Decision No.
1
26 August 2003
54
1
Details of the decision : According to the Commission’s decision dated 26 August 2003,
the Commission examined the investigation reports submitted by
the probe teams.The team with Krishna Jung Raymajhi as convenor,
and Prem Bahadur Bista, Dr. Harihar Basti and Kanak Mani Dixit as
members had submitted report on the incident of Doramba,
Ramechhap district in which army men had killed 19 Maoists. Under
the convenorship of Gyaindra Bahadur Shrestha, and with Dr. Meena
Acharya, Satish Krishna Kharel as members, another probe
committee submitted the investigation report on the Nagi incident
of Panchthar in which security forces and commoners were killed
in the blast of Maoist ambush. Likewise, another report came from
the probe body, which was under the convenorship of Uday Raj
Upadhyay and had Dr. Tulasi Kandel and Lila Bahadur Basnet as
members and looked into the incident in which Maoists murder
policemen at Dhangadhi of Siraha district. According to the
Doramba probe-report, the army had cordoned off the house of
Yubaraj Moktan near Maoist-affected Doramba Bazaar of Daduwa
VDC when the rebels were having a meeting on 17 August 2003.
Then, at around 10.30 am, the army opened fire at the house
killing a man Tek Bahadur beside the house, and arrested other 19
persons who all were killed by the army later at 2.30 pm at Dada
Kateri located 2-3 hours distant from Doramba. The probe panel
seems to have come to the conclusion after examining, among
others, the dead bodies buried earlier. Killing captives after having
them taken hostage during the time of ceasefire has not only
contravened and violated the human rights guaranteed by the
Constitution and other laws of land, but also grossly infringed the
international humanitarian laws enshrined in the Common
31