KATHMANDU, Oct 8: The National Human Rights Commission (NHRC) has recommended departmental action against security commanders deployed during the Tinkune incident in March last year, concluding that security personnel opened fire on civilians who were not involved in the protest.
In a decision dated September 11, the NHRC recommended action against Nepal Police Superintendent Apilraj Bohara and Armed Police Force (APF) Superintendent Shailesh Shrestha, who commanded the security forces deployed at the scene, along with other security personnel.
The NHRC found that the commanders failed to exercise necessary caution while using firearms and force and showed either ill intent or extreme negligence. It directed the government to initiate departmental action against them under Rule 67(3) of the Police Regulations, 2014.
Rebika and Dinesh shot while returning home from work
The NHRC’s investigation found that security personnel shot civilians who were not participating in the protest. Rebika Khatri and Dinesh Khatri were returning home through Koteshwor after work when security personnel opened fire on them.
'Security lapse in Tinkune is the result of punishing field com...
The NHRC concluded that shooting unarmed civilians who were walking outside the protest site showed that the field commanders failed to meet even the minimum standards of human sensitivity and legal conduct in the use of firearms.
Sabin Maharjan died at the scene after security personnel shot him while controlling the protest. Ramhari Shrestha, Dilli Prasad Luintel and Shambhu Darji were among those seriously injured by gunfire. Some of the injured face permanent disabilities.
The report states that security forces seriously violated internationally recognized principles governing the use of force, including legality, necessity, proportionality and accountability.
The NHRC found that security personnel fired tear gas from the rooftops of houses toward the stage, after which the crowd became increasingly uncontrollable. Although security personnel first opened fire at 2:54 pm, citing the situation as having gone out of control, the commission found that they failed to follow the required sequence of measures and precautions before using firearms.
Expired tear gas used
The NHRC’s report found that security personnel widely used expired tear-gas shells because they lacked adequate and effective riot-control equipment. Rather than calming the situation, the use of expired tear gas further aggravated tensions and contributed to the escalation of violence, according to the commission.
NHRC orders scientific examination of clothes and bodies
The NHRC has issued specific instructions to health authorities and investigators to ensure transparency and establish facts surrounding the shootings.
It has instructed authorities to conduct full-body X-rays during autopsies of people killed by gunfire and carry out detailed forensic examinations of the clothes they were wearing.
The NHRC said scientific examination of the clothes would help establish the distance from which security personnel fired the shots.
It has also recommended that hospitals maintain detailed records of all patients injured by gunfire and that the state bear the full cost of their treatment.
The NHRC has reminded the government that security officials responsible for maintaining peace and security cannot use lethal weapons against innocent civilians by taking the law into their own hands. It has urged the government to strictly enforce accountability among the field commanders involved.
