ANNUAL REPORT 2004
compilation of one sided reports hinting that the security forces are indulging in excesses,
the Commission has been working to tarnish the image of the security forces among
the general public and in the international field as well…….” Further, the Commission
has taken it as unlawful interference in the affairs of the Commission the demand made
in the same letter to compulsorily include representatives of the security forces in any
of its investigation teams, which intends to directly cast doubts over the impartiality and
independence of the Commission. As it is also a matter of grave concern that these
actions go against the very commitments made recently by the Prime Minister on
human rights, the Commission has requested that action be taken against whosoever
made that correspondence. It was also decided to write to the Chief Secretary of
HMG to make necessary arrangements so that from hence onwards, no such activities
are undertaken that interfere with the working of the Commission.
11. (20 April 2004), It was decided to write to HMG to make available all information and
the Government’s reaction with regard to the various incidents for which the
Commission had made investigations on different dates. They include the killing of
Rameshwor Yadav, a teacher of Bara district Devpur V.D.C., the disappearance of Shanta
Pokhrel of Surkhet, the killing of Vikram Lama in Kavrepalanchowk by the security
forces, the execution of Yadu Kumar Mudbhari in Nuwakot; the slaying of Viraj Gurung
in Chitwan, injury to Kishor Khadka in Dhapasi, Kathmandu; killing of Subhadra Chulagain
in Kavre Pokhari; killing of the general public in Pandau, Kailali; the murder of 15 persons
in Hadikhola, Makwanpur; the execution of Maya Tamang in Chamakhar, Kavrepalanchowk,
the murder of Suresh Raut in Raghunathpur, Bara and the abduction of Padma Bahadur
Dahal from Malta, Lalitpur.
12. (20 April 2004), It was decided that the Commission would follow up on matters
relating to the killing of the general public during the aerial strike on Vidya Mandir
Higher Secondary School of Vinayak VDC, Achham and the abduction of general public
by the Maoist in the Rehabilitation Area, Kanchanpur that have violated the rights of the
people as a result of the tensions created thereafter.
13. (27 April 2004), Various reports on on-site studies carried out by the Commission on
different dates were presented for discussions. It was then decided to do the
following:
a. As the Commission team, which had gone to the Armed Police Force Headquarters
and No. 2 Police Force Maharajgunj to enquire on the situation of the detainees
detained in course of the agitation on 11 April 2004, reported that they were barred
from meeting the detainees by D.S.P Makar Bahadur Gurung, S.P Dipak Ranjit and
S.P L.P Basyal and as this act constitutes a flagrant violation of the rights of the
Human Rights Commission as per Clause 9 of the Human Rights Commission Act
1997, the Commission has taken the matter very seriously. It was decided to proceed
with the matter after investigations with the police personnel involved.
b. It has been seen from a study of other reports that people have been detained at
the Raj Dal battalion, Lalitpur. The Commission has taken seriously to the fact that
detention of persons in the army barracks constitute a violation of the detainee’s
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