Last Updated: Tuesday, 06 June 2023, 11:08 GMT

Observatory for the Protection of Human Rights Defenders Annual Report 2002 - Nepal

Publisher International Federation for Human Rights
Publication Date 26 March 2003
Cite as International Federation for Human Rights, Observatory for the Protection of Human Rights Defenders Annual Report 2002 - Nepal, 26 March 2003, available at: https://www.refworld.org/docid/48747c5fc.html [accessed 7 June 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Trial of Mr. S.K. Pradhan32

On 19th September 2001, Mr. S.K. Pradhan, Secretary General of the People's Forum for Human Rights and Democracy (PFHRD), a Bhutan organisation based in Nepal, was arrested and charged with complicity in the murder of the President of the Bhutan People's Party (BPP), Mr. R.K. Budahathoki – killed in Damak on 9th September 2001. On 20th September 2001, Mr. Pradhan was transferred to the Chandragai prison in Jhapa. He was arrested following a complaint filed by Mr. Balaram, Secretary General of the BPP. But it seems that Mr. Pradhan was not in Damak at the time of the crime, he was 500 kilometres away, in Katmandu. He was returning from South Africa and the UN World Conference on racism.

On 5th February 2002, Mr. Pradhan sent a petition to the Supreme Court of Nepal in Katmandu, asking for his release on bail. His petition was turned down on 20th February. The Supreme Court upheld the rulings of the Court of Appeals and the Court of the Chandragari District, saying that according to Nepalese law, Mr. Pradhan is a refugee and therefore cannot be released on bail.

On 5th September 2002, the Regional Court of Chandragari reopened Mr. Pradhan's case and the cases of people jailed for Mr. Budahathoki's murder. Nine Bhutan refugees and a Nepalese chauffeur were also charged. One of the refugees, Mr. Pemba Sherpa, committed suicide on 17th October. Witnesses for the defence were summoned from 23rd September to 2nd October 2002; witnesses for the accusation from 14th to 26th November.

However, only 3 out of the 13 witnesses appeared before court, thus slowing down the proceedings. The next hearing was set for 4th January 2003.

More than one year after the crime, Mr. Budahathoki's murderers have not been brought to justice and there are serious doubts as to Mr. Pradhan's involvement. He has been in jail since 19th September 2001.


[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

32. See Annual Report 2001.

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