CASE STUDY
National Human Rights Commission of Nepal:
Investigation into Nepalese army killings in Banspani, Bardiya National
Park
The National Human Rights Commission (NHRC) of Nepal became aware,
through media reports, of an incident in the Bardiya National Park on 10
March 2010, in which two women and a child were shot dead by a Nepal Army
patrol of Jwala Dal Battalion, Thakurdwara. It decided to launch a complaint
investigation on its own initiative (suo motu) into the incident. A team from the
NHRC investigated the case from 12 to 19 March 2010. Bardiya National Park issued a press release on 12 March 2010 claiming that on the day in
question, a joint team of Bardiya National Park personnel and Nepal Army personnel from Jwala
Dal Battalion, Thakurdwara were patrolling the area and heard gunshots near the Puranpur
River on two separate occasions, approximately 90 minutes apart. Suspecting poachers, they
conducted a search of the area and, 90 minutes later, they claimed to have found five or six
armed persons. When the apprehended persons refused to lay down their weapons, the security
personnel fired in self-defence. On hearing shouts and cries, the security personnel immediately
ceased firing. As they approached the site, it was claimed that a hunting dog attacked them,
forcing them to fire again during which time two women were killed and one was injured. A third
woman later died while undergoing treatment. One man was arrested and taken into custody. It
was claimed that three homemade guns, some bullets, explosives and other such materials were
also found at the site.
As part of their investigation, the NHRC team was able to inspect the site as well as speak to
Bardiya National Park personnel, those attached to patrol units, the commanding officer, highranking
officials, eyewitnesses, victims’ family members, locals of Hariharpur, Surkhet and
doctors of the Bardiya district hospital. The NHRC team also analysed the information gathered
from police personnel who examined the incident site and the victims’ bodies, civil society
representatives and others concerned with the incident. The NHRC employed forensic experts
sent from the Tribhuwan University-affiliated Teaching Hospital in Kathmandu to conduct an
additional post-mortem of the victims’ bodies. At the time, the NHRC communicated with the
Office of the Prime Minister and Council of Ministers, the Home Ministry, the Nepal Army, the
Bardiya district administration office and Bardiya National Park and asked for information about
the incident.
The evidence gathered by the NHRC team indicated that several people, including the victims,
were in the Bardiya National Park to collect the bark of the kaulo tree. There was no evidence
to suggest that they were armed poachers. A team of 19 security personnel (15 from the Nepal
Army and four from the Bardiya National Park) arrived at the site and, disregarding the rules of
engagement, opened fire, killing a child and two women. Site inspection, eyewitness accounts,
the condition of victims’ bodies and autopsy reports provided no evidence that the people
involved fired gunshots. Post-mortem reports, photos related to the incident and the victims’
bodies revealed that they were shot from behind. There was no evidence of an exchange of fire.
The NHRC investigation team found that excessive force was used resulting in the deaths of three
people, including a child. Evidence indicated that the security personnel did not take the victims
under their control before the shootings took place. Autopsy reports revealed that the victims
were shot from a distance. The evidence also established the army personnel had arranged the
dead bodies before the police arrived, suggesting that they destroyed evidence and invented a
false claim that they have opened fire in self-defence.
The actions in the incident violated a number of provisions in international and national law,
including the right to life enshrined in article 12 of the Interim Constitution of Nepal 2063 BS, the
right to life and individual liberty enshrined in Clause 12 of Citizens’ Rights Act 2012 BS, the right
to life enshrined in article 3 of the Universal Declaration of Human Rights 1948, and article 6 of
the International Convention on Civil and Political Rights. Similarly, they breached article 37 of the
Convention on the Rights of the Child. The use of excessive force also violated the provisions of
clauses 23 and 24 of the National Park and Wildlife Protection Act 2029 BS
The NHRC made a number of findings and recommendations to the Government of Nepal. It
recommended that the Government identify all those involved in the incident, including those
who tampered with the evidence, and file criminal cases against them in a regular court; provide
compensation to each victim’s next of kin; provide free education to the victims’ children;
implement programs to improve the economic and social condition of people, particularly Dalits,
in the region; and, to prevent further incidents, train all national parks personnel in protecting
human rights. P176