On 1 May 2001, Hari Prasad Bolakhe, a permanent resident of Phulbari VDC-8, Kavre district, a pastor by profession, was arrested by a joint unit of the security forces on the allegations of involvement with Maoist activities and allowing Maoists to use the phone. On 14 July 2002, Mr. Bolakhe’s family was able to establish his whereabouts once he was transferred to Dhulikhel prison. Mr. Bolakhe was held in different army barracks before being released on 20 April 2003. Initially, Mr. Bolakhe was released after his father signed a paper on the condition of reporting regularly to the Kavre District Police Office (DPO). However, On 27 December 2003, Mr. Bolakhe was taken away for the second time. On 11 October 2004, the Malego Committee’s report stated that Mr. Bolakhe had been released on 20 April 2003, without any reference to his second arrest on 27 December 2003. Eventually, on 5 July 2006, the National Human Rights Commission (NHRC) exhumed human remains from a forest at Mulkhola, Kavre which were later confirmed by the forensic autopsy reports to be those of Mr. Bolakhe.
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Search for Justice
On 18 October 2006, Mr Bolakhe’s family, accompanied by Advocacy Forum lawyers filed a First Information Report (FIR) at the District Police Office, (DPO) Kavre. However, DPO blatantly refused to register the FIR unless an order came from a higher authority. Despite the order of the Chief District Officer (CDO) Kavre, the DPO did not register the case and arrest the perpetrators, citing their “higher positions” as a reason.
On 8 November 2006, the family filed a writ petition before the Supreme Court demanding a mandamus order for DPO to register the FIR. On 5 December 2006, in a written response DPO informed the Court that it had registered the FIR on 7 November 2006 under the case of homicide, and as such, the investigation had already opened. On 17 June 2008, the District Attorney’s Office wrote to DPO instructing it to immediately arrest the perpetrators identified in the FIR, and proceed with the necessary actions yet DPO failed to act upon these instructions. After repeated postponements of the hearings, on 9 November 2009, the Supreme Court quashed the petition on the basis that the FIR had been registered despite DPO not submitting to the Court a case file describing the developments of the case as per the Court’s request. On 24 September 2014, the police informed Ms. Bolakhe and her lawyer that they had not worked on the case since 20 October 2013 as it would need to be dealt with by the Truth and Reconciliation Commission, hence the Police would not do anything further on it.
Read the decision: English
The Committee recommended that Nepal must conduct a thorough and effective investigation into the facts surrounding the detention of Mr. Bolakhe and the treatment he suffered during detention and killing and provide the family with detailed information about the results of its investigation. It recommended Nepal to prosecute, try and punish those responsible for the violations committed and make the results of such measures public and ensure that any necessary and adequate psychological rehabilitation and medical treatment are made available to the family; to provide effective reparation, including compensation and appropriate measures of satisfaction, to Ms. Bolakhe, her children, and parents-in-law for the violations suffered; to prevent repetition of similar violations in the future, it recommended Nepal to criminalize torture and enforced disappearance in its legislation along with appropriate sanctions
Efforts of Implementation