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Nepal
Court Proceedings:2019
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Date
Incidents
March - 6 
The Kailali District Court, on March 6, handed down a life sentence to 11 people including Resham Lal Chaudhary, a lawmaker from the Rastriya Janata Party-Nepal (RJP-N), in connection with the 2015 Tikapur incident in which nine people were killed in a violent clash, reports The Kathmandu Post.The c
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The Kailali District Court, on March 6, handed down a life sentence to 11 people including Resham Lal Chaudhary, a lawmaker from the Rastriya Janata Party-Nepal (RJP-N), in connection with the 2015 Tikapur incident in which nine people were killed in a violent clash, reports The Kathmandu Post.The court also gave three years in jail each to 12 others and sentenced one person to six months in prison. Three have been acquitted. A single bench of District Judge Parashuram Bhattarai passed the judgment after a six-day hearing.Chaudhary was the main accused in the Tikapur (Kailali) incident that erupted on August 17, 2015 after a decision to put Kailali District in one province along with other seven hill Districts. The protest, largely branded the Tharuhat movement, led by Resham Chaudhary in Kailali was part of a larger movement that was going on for months in several Districts along the plains against what they called Kathmandu’s conspiracy to discriminate a large section of population of the Tharus, Madhesis and Janajatis.Around 45 people were killed during August and September in 2015 in the Tarai protests.
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April - 29 
Conflict victims and civil society members on April 29, staged a demonstration at Maitighar Mandala, demanding amendment to the Transitional Justice Act, reports The Himalayan Times.The agitating conflict victims have demanded that the act be amended in line with the verdicts issued by the Supreme C
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Conflict victims and civil society members on April 29, staged a demonstration at Maitighar Mandala, demanding amendment to the Transitional Justice Act, reports The Himalayan Times.The agitating conflict victims have demanded that the act be amended in line with the verdicts issued by the Supreme Court at different times. They have also urged the Government to equip the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) with necessary resources — human and financial.The Supreme Court ruled that there should not be amnesty for grave human rights violations such as extra-judicial killing, enforced disappearance, torture, rape and other acts of sexual violence; the statute of limitations for grave offences must be removed; cases recommended by the TRC and the CIEDP must be prosecuted; torture and enforced disappearance must be criminalised through enactment of laws; cases before the court cannot be transferred to the TRC or the CIEDP; dignified and respectable reparation for victims; and no reconciliation without the consent of victims.The conflict victims also demanded that the members and chairpersons of both Transitional Justice (TJ) bodies be appointed only after amending the act.The Government has formed a five-member committee led by former chief justice Om Prakash Mishra to recommend members and chairpersons of both the TJ body.Moreover, the victims have demanded their meaningful representation in both the TJ bodies.
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May - 17 
Hearings on a petition filed by the Government seeking review of a landmark Supreme Court ruling of 2015 on a transitional justice-related case was scheduled for May 17 (today) after four years, reports Republica. The review petition filed by then Chief Secretary Lilamani Poudel on behalf of the Gov
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Hearings on a petition filed by the Government seeking review of a landmark Supreme Court ruling of 2015 on a transitional justice-related case was scheduled for May 17 (today) after four years, reports Republica. The review petition filed by then Chief Secretary Lilamani Poudel on behalf of the Government requested to let the transitional justice bodies continue working as in the same situation as had been obtaining. In the 2015 ruling, a full bench of Justices Kalyan Shrestha, Baidhanath Upadhyay and Cholendra Shumsher JB Rana had asked the government not to formulate any law granting amnesty to those involved in cases of serious human rights violation such as rape, murder, torture and disappearance and to meet international standards while drafting transitional justice laws. Dissatisfied with the ruling, Poudel filed the review petition.
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May - 20 
Rastriya Janata Party-Nepal (RJP-N) has drawn the attention of the Government to make public a report prepared by a commission formed under the leadership of former Supreme Court Justice Girish Chandra Lal, to probe the violation of human rights during the Tarai-Madhes movement of 2015/16, reports M
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Rastriya Janata Party-Nepal (RJP-N) has drawn the attention of the Government to make public a report prepared by a commission formed under the leadership of former Supreme Court Justice Girish Chandra Lal, to probe the violation of human rights during the Tarai-Madhes movement of 2015/16, reports My Republica on May 21. Speaking at Parliament on May 20, RJP-N lawmaker Chanda Chaudhary urged the Government to make the report public. “We have been asking the government to make the Lal commission report public for long. However, it has not made the report public despite an instruction for the same by the Speaker,” lawmaker Chanda said. RJP-N has been mounting pressure on the government to publicise the report although the governments formed after the political change of 2006 have never made public the reports submitted by similar commissions. The party began exerting pressure mainly after its lawmaker Resham Chaudhary, who was convicted in the 2015 Tikapur massacre and has been serving a life term, was sworn in as a member of the House of Representatives (HoR) in January 2019.
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June - 6 
A hearing on a review petition filed by the Government against the 2015 Supreme Court ruling on transitional justice was postponed on June 6, again, making it the 22ndpostponement since it was registered the same year, reports Kathmandu Post. It was the sixth postponement this year alone.A full benc
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A hearing on a review petition filed by the Government against the 2015 Supreme Court ruling on transitional justice was postponed on June 6, again, making it the 22ndpostponement since it was registered the same year, reports Kathmandu Post. It was the sixth postponement this year alone.A full bench comprising five judges led by Ananda Mohan Bhattarai was to decide whether to proceed with the hearing.It was the first case to be dealt with by a five-member bench. However, it decided not to proceed with the case after Judge Hari Prasad Phuyal, who had defended the case on behalf of the victims as an advocate four years ago, couldn’t hear it. In February 2015, the apex court had issued a landmark ruling ordering the Government to revise the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act-2014. The court ruled that the law failed to adhere to the principles of transitional justice and international practices. But in April that year, then Government led by Sushil Koirala filed a review petition, challenging the ruling that was issued by a special bench led by then chief justice Kalyan Shrestha.Then chief secretary Leela Mani Paudyal had filed the petition through the Office of the Attorney General.Conflict victims, who have been awaiting justice for more than a decade, have been demanding that the government withdraw the petition and amend the Act as per the top court’s ruling and Nepal’s international obligations.The continuous deferral, victims say, could delay the entire transitional justice process.
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June - 13 
After more than two years of the incident, Chitwan District Court of Province No 3 on June 13 convicted two cadres of the then Communist Party of Nepal-Maoist Centre (CPN-Maoist Center) Drona Bahadur Shiwakoti and Madhu Neupane for tearing up ballot papers during the election in Bharatpur Metropolis
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After more than two years of the incident, Chitwan District Court of Province No 3 on June 13 convicted two cadres of the then Communist Party of Nepal-Maoist Centre (CPN-Maoist Center) Drona Bahadur Shiwakoti and Madhu Neupane for tearing up ballot papers during the election in Bharatpur Metropolis in 2017, reports Republica. Shiwakoti and Neupane were convicted for tearing up some of the ballots during vote counting in Ward 19. The vote counting was then halted and re-election held in the ward.
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September - 23 
On September 23, Bhojpur Police produced arrested District Secretary Bam Bahadur Bista of Netra Bikram Chand-led Communist Party of Nepal (CPN-Maoist-Chand) in front of public, reports Himalayan Times. Bam Bahadur Bista was arrested on September 22 from Bhaisepakha of Bhojpur Municipality-10 in Pro
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On September 23, Bhojpur Police produced arrested District Secretary Bam Bahadur Bista of Netra Bikram Chand-led Communist Party of Nepal (CPN-Maoist-Chand) in front of public, reports Himalayan Times. Bam Bahadur Bista was arrested on September 22 from Bhaisepakha of Bhojpur Municipality-10 in Province No.1 along with two Italian-made automatic pistols, bullets, hand grenade, two mobile sets, and SIM card. The arrestee was remanded to seven-day custody by the District Court.
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