Conflict-related Disappearances in Bardiya District

EXECUTIVE SUMMARY

CHAPTER I: INTRODUCTION

CHAPTER II: METHODOLOGY

CHAPTER III: BACKGROUND

CHAPTER IV: PROFILE OF THE DISAPPEARED

IV.i: Persons disappeared after arrest by the State

IV.ii: Persons disappeared after abduction by the CPN-M

CHAPTER V: THE INTERNATIONAL AND NATIONAL LEGAL FRAMEWORK

V.i: International legal framework on enforced disappearances and related violations

V.ii: National Legal Framework

CHAPTER VI: ENFORCED DISAPPEARANCES AFTER ARREST BY SECURITY
FORCES

VI.i: Security force presence and operations in Bardiya District

VI.i.i: Royal Nepalese Army (RNA)
VI.i.ii: Nepal Police (NP)
VI.i.iii:  Security force operations in the Rajapur Delta
 
VI.ii: Arbitrary arrests in the course of security operations

VI.ii.i: Targeted arrests during search operations
VI.ii.ii: Non-targeted arrests
VI.ii.iii: Illegal use of force during arrest

VI.iii: Detention, torture and ill-treatment in Chisapani RNA Barracks
VI.iii.i.a: The national park warden’s office
VI.iii.ii: Cruel, inhuman and degrading treatment in detention
VI.iii.iii: Torture
VI.iii.iv: Mock executions and the fear of death
VI.iii.v: Rape and other forms of sexual violence
VI.iii.vi: Coercion to identify suspected Maoists, including relatives
VI.iii.vii: Extortion

VI.iv: Failure to acknowledge arrests and detention

VI.v: Right to challenge the legality of detention

VI.vi: The fate of the disappeared
VI.vi.i: Extrajudicial executions in detention
VI.vi.ii: Pattern of removal of persons subsequently disappeared from detention
VI.vi.iii: Possible death from injury during arrest
VI.vi.iv: Possible death due to torture

VI.vii: Attempts by the NA to cover up enforced disappearances in Bardiya District
VI.vii.i: Killing of persons whom the NA stated were released
VI.vii.ii: Persons who the NA stated were “killed in an encounter” or “while trying to escape”.
VI.vii.iii: Ministry of Defence press releases that victims were "killed in an encounter”

CHAPTER VII: ACTIONS TANTAMOUNT TO ENFORCED DISAPPEARANCE BY THE CPN-M

VII.i: CPN-M presence and operations in Bardiya District

VII.ii: Unresolved actions tantamount to enforced disappearances

VII.iii: Detention

VII.iv: Fate of those abducted and disappeared

VII.v: Failure to disclose the location of the bodies

VII.vi: Cases in which the bodies of the abducted individuals were located

VII.vii: CPN-M denial of involvement in actions tantamount to enforced

disappearance

CHAPTER VIII: SOCIO-ECONOMIC IMPACT OF DISAPPEARANCES ON THE
FAMILIES OF THE DISAPPEARED

VIII.i: Diminished food security

VIII.ii: Lack of access to health and education, and child labour

VIII.iii: Social discrimination against wives of the disappeared

VIII.iv: Case studies

CHAPTER IX: TRUTH, JUSTICE AND REPARATIONS

IX.i: Efforts of the victims’ relatives, Nepalese and international organisations

IX.ii: Decision of the Supreme Court of Nepal

IX.iii: State obligations and responses regarding truth, justice and reparations

IX.iii.i:Truth

IX.iii.ii: Accountability and Justice

IX.iii.iii: Remedies, including reparations

CHAPTER X: CONCLUSIONS

CHAPTER XI: RECOMMENDATIONS