Incident Reports

Appellate court upholds district court decision to compensate torture victim


Lumbini, Dang, Ghorahi, Ward 19

The Appellate Court Nepalgunj has upheld the District Court's decision to provide compensation to a torture victim. A joint bench of Judges Yagya Prasad Basyal and Yamuna Bhattarai on September 1 upheld the lower court's decision. The district court had handed down a verdict to provide a compensation amount of 95,000 rupees to Nijamuddin Shesh deciding that he was tortured in custody. Shesh, 22, of Nepalgunj sub-metropolis-16 had filed a case of torture compensation at the District Court in Banke on September 6, 2011, claiming that the then SP Dinesh Amatya and police constable Ashok Yadav tortured him in custody. District Court on June 2, 2013, had decided to extract compensation to the victim. Shesh, however, filed an appeal with legal support from Advocacy Forum on January 16, 2014, stating that those involved in inflicting torture were not recommended for action by the court. The victim commented that he felt complete justice has not served as the Appellate Court upheld the district court decision and did not recommend action against the culprits. Basanta Gautam of Advocacy Forum said that the victims were sad after Appellate Court upheld the lower court's decision. Shesh said that he suffered swollen lips, bruises on the chest, face, feet, and a broken bone under the spinal cord. 
Details and Impacts
Violent / Non-violent Violent
Onesided / Twosided Onesided
Collective / Interpersonal Collective
Primary Form Torture
Weapons Other
Primary Cause Violence in prisons (violence by correction officers, prisoners etc.)
Actor 1 - Number of people n/a
Actor 1 - Affiliations Police
Actor 1 - Youth na
Actor 2 - Number of people 1
Actor 2 - Affiliation (Target) Citizen/Individuals
Actor 2 - Youth youth
Total Injured 1
Youth Injured 1