A 16 years old Dalit girl tortured, raped and extra-judicially killed.
On 13 February 2004, R.R, a 16 year old girl was tortured, raped and extra-judicially killed on accusation of being a Maoist. She was dragged from her home at around mid-night by group of armed soldiers of Royal Nepalese Army, tortured, raped and extra-judicially executed. In the morning, her family found her body in the cornfield.
Read more: here
The day after R.R.’s death, the authors approached the District Police Office (DPO) to have a First Information Report (“FIR”) filed, but the police showed no interest and refused to file an FIR. On 13 May 2005, the National Human Rights Commission issued a decision finding that R.R. had been shot dead by security forces. It recommended that the government prosecute those responsible and provide compensation of Rs. 150,000 (approximately 1,250USD) to each of the claimants. However, K.R. never received the compensation recommended by the Commission.
The family of R.R received a small amount of money under the government’s “interim relief” scheme for conflict victims, including Rs. 300,000 (approximately 2,500USD) for R.R.’s death.
On 28 August 2005, a court martial found eleven military officers guilty of disciplinary offences under Military Act 1959 (2016BS) in relation to the killings, including RR’s killing. The court martial found that corporal K.K. had shot R.R., contrary to orders, and had since been absent without official leave.
On 25 May 2006, K.R. filed an FIR at the District Police Office in Kavre, complaining of the rape and killing of R.R. However, no effective investigation was conducted. The District Police Office requested other police posts to search for and arrest K.K. several times until July 2008, but without result.
K.R filed a writ for mandamus and certiorari before the Supreme Court. On 14 December 2009, the Court ordered the DPO and the District Attorney’s Office (DAO) to conduct a prompt investigation.
On 14 September 2010, K.K. was arrested. Three days later, charges of murder were filed against him by the District Attorney and, in absentia, against S.B. K.K. denied all involvement but acknowledged that R.R. had been raped by a group of soldiers. To date, S.B. has not been arrested. On 26 January 2011, a Brigadier-General wrote to the Kavre District Court that S.B. had been tried in a court martial and that the principle of double jeopardy meant that the army was not obliged to comply with the Supreme Court’s warrant.
On 23 December 2013, the Kavre District Court acquitted K.K., as none of the witnesses had seen him shoot R.R. On 14 October 2014, the Patan Court of Appeal upheld K.K.’s acquittal.
Read the decision: English
The Office of the High Commissioner for Human Rights called out the government of Nepal to implement the Views in a separate press release
The Committee recommended Nepal to conduct a thorough and effective investigation into the violations upon her; to prosecute, try and punish those responsible for the violations committed and make the results of those measures public; provide the authors with prompt and detailed information about the results of the investigation; ensure necessary and adequate psychological rehabilitation and medical treatment is provided to the authors free of charge and provide adequate compensation and appropriate measures of satisfaction to the authors for the violations suffered, including an official apology and a memorial in R.R.’s name.
|Conduct a thorough and effective investigation into the rape and other forms of torture inflicted on R.R., her arbitrary detention and her extrajudicial execution.|
|Prosecute, try and punish those responsible for the violations committed and make the results of those measures public.|
|Provide the authors with prompt and detailed information about the results of the investigation.|
|Ensure that any necessary and adequate psychological rehabilitation and medical treatment is provided to the authors free of charge.|
|Provide adequate compensation and appropriate measures of satisfaction to the authors for the violations suffered, including an official apology and a memorial in R.R.’s name.|
|Amend the legislation and statutes of limitations in accordance with international standards and prescribe sanctions and remedies for the offence of torture commensurate with the gravity of such crimes.|