NATIONAL HUMAN RIGHTS COMMISSION Article 3 of the Geneva Conventions. Therefore, the Commission decided to forward to the government the recommendations that the incident be investigated, stern action taken against the perpetrators, adequate relief and compensation provided to the affected families and adequate caution exercised to see that such incidents would not repeat in future. S. No. Date of decision Meeting No. Decision No. 2 26 August 2003 54 2 Details of the decision : According to the Panchthar probe report, approximately at 2.30 pm on 5 August 2003, a non-military public truck with the plate No. Na 1 Kha 7699 that carried 35 security personnel, truck driver, cleaner and a civilian, exploded in an ambush planted by Maoists in the civilians’ thorough fare at Panchthar. In the incident, five security men and a civilian (truck driver) were killed on the spot, and other 23 injured. The incident had happened when a squad of armymen took the truck to return to Panchthar district, after having escorted three army personnel up to Kabeli on the border with Taplejung district.The incident of ambushing the non-military truck that carried civilians and armymen not on military or other aggressive mission even during the ceasefire has violated the international humanitarian laws enshrined in the Common Article 3 of the Geneva Conventions. Therefore, the Commission decided to recommend that in-depth investigation be made into the incident, perpetrators penalised, compensation be provided to the affected families, and adequate caution taken to see that no such incidents would repeat in future. S. No. Date of decision Meeting No. Decision No. 3 26 August 2003 54 3 Details of the decision : As per the Siraha related probe report, at 5.00 pm of 19 August 2003, Maoists had opened fire approximately at the unarmed policemen who, after completing their duty, were shopping at local public marketplace, of Dhangadhi, Siraha district. Assistant police inspector Ganesh Prasad Dahal and police jawan Shyam Narayan Yadav were killed in the shooting. Killing the security men on personal work and terrorising the local people at the time when the ceasefire code of conduct was in full effect, not only violated the constitutional rights to personal freedom, but also contravened the international humanitarian laws enshrined in the Common Article 3 of the Geneva Conventions. Therefore, the Commission decided to recommend that in-depth investigation be made into the incident, perpetrators penalised, compensation be provided to the affected families, and adequate caution taken 32

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