Poudel’s quest for justice against torture continues

By Nabin Shahi,Surkhet, Dec. 22: The memory of the physical torture Purna Prasad Poudel underwent during the decade-long conflict still haunts him.  

The cracked ankles, wounds from pins gouged into his toes and scars caused by the electric shocks on his limbs persist in inflicting ongoing psychological distress upon him.

"Medicine has become my constant support. Headache and chest pain have become part of my daily routine,” said Poudel, a local of Birendranagar-6, Surkhet.

“I've wandered through countless nights in a daze. I often awake abruptly, crashing into the walls of my room. Depression medication has become my guiding companion,” he added. 

In the year 2058 B.S., Poudel was detained by the then Royal Nepal Army. Despite being an ordinary civilian, he underwent severe physical and mental torture at the hands of the army for 18 months.

Poudel, who continues to seek justice for the torture he endured has not yet attained justice for the atrocities he suffered.

The concerned authorities such as the Truth and Reconciliation Commission, National Human Rights Commission, and the Supreme Court have already made decisions to provide him justice along with compensation.

However, even 20 years after the incident, Poudel still has to pursue the courts for the enforcement of the verdicts.

Currently, he is facing difficulties in arranging medical treatment and livelihood. “I have to seek support from my friends and family to buy my medicines and even to arrange food,” he said. 

“How long can I rely on others for my living?” he asked.

“My body doesn’t permit me to work for a living. And there is not any support left within the family,” he said. 

Poudel informed that he had two sons. Following to his arrest, the army raided their home and confiscated Rs. 500,000 in cash and four tolas of gold.

“My family also endured torture. Following the incident, my 27-year-old son passed away after consuming poison. Soon after, the other son was found dead in the jungle after being missing for a few days,” expressed Poudel.

“The army also seized two of my vehicles. They have not been found yet. When I inquired about my vehicles at the transportation office, they insisted on paying the tax first, citing regulations,” he said.

“How am I supposed to pay taxes for my missing vehicle? And then, how can I believe that my vehicles will be recovered,” Poudel said. 

Poudel currently lives in a joint family comprising six members. Both he and his wife have been undergoing treatment for depression. 

He mentioned that following the incident, he has been undergoing treatment by selling off all his property.

Poudel informed that he has taken a loan of Rs. 1.4 million from a commercial bank. With accumulated interest, the loan amount has now reached Rs.2.6 million. 

“I used to manage paying installments regularly by borrowing money from others. But now, it has become challenging. The bank has threatened to auction the house we are now living in,” he added.

In 2061 B.S., the regional office of the human rights organisation INSEC wrote a letter to the Centre for Victims of Torture (CVICT), Nepalgunj, requesting assistance for Paudel's treatment.

However, the medicine bills have not been paid according to the payment terms so far, he added.

In 2058 B.S after the victim filed a petition in the court in Surkhet, the court ordered to ascertain the facts as quickly as possible based on legal procedure, as per the applicant's claim.

When the District Administration Office, Surkhet, forwarded a recommendation to the District Public Health Office, Surkhet, to allocate relief funds in the year 2074 B.S., they requested information about whether the bills had been dispatched or not. 

However, the Public Health Office was unable to respond to this correspondence.

After unsuccessful attempts to attain justice previously, Poudel took the matter to the Supreme Court. The case aimed to secure compensation for relief, resolution, and legal action against the perpetrators. 

The Supreme Court expedited the hearing for the mentioned petition and delivered a verdict within three months. 

As per the order, the Truth and Reconciliation Commission recommended the Ministry of Home Affairs for treatment and compensation in accordance with the complaint.

Unfortunately, the recommendation for interim relief did not materialise. The initial proposal remained indecisive at the Office of the Prime Minister. 

After the second detailed investigation, the cabinet meeting held on December 18, 2021, passed a decision regarding the commission's recommendation of Rs. 500,000.

Poudel continues to endure the agony of not attaining justice as per the court's verdict and the cabinet’s decision, further intensifying his suffering.

He filed another case in the Supreme Court, challenging the validity of the identity card he obtained. 

Poudel argued that the victim's identity outlined in the identity card obscured his true identity, failing to accurately represent him as the actual victim.

A single bench of Justice Tej Bahadur KC issued an interim order for the TRC, demanding the inclusion of the perpetrator's name, the true identity of the victim, and specific incident details before distributing the identity card, as demanded by the victims. 

However, these specific details have not been included as of now.