National Human Rights Commission Concludes Rabi Lamichhane's Release from Jail Was Criminal Offense

Kathmandu. The National Human Rights Commission has concluded that the release of Rabi Lamichhane, chairman of the Rastriya Swatantra Party (RSP), from Nakhkhu Jail during the Janji movement was a criminal offense under Section 49 of the Prison Act 2079.

According to the commission's report released on Wednesday, it has been recommended to conduct a thorough investigation and take legal action against jailer Satyaraj Joshi and lawmakers Manish Jha and Hari Dhakal, who assisted Lamichhane in getting released from jail. Lamichhane's issue has been analyzed in Chapter 15 of the Facts and Analysis section.

It has also been found that news has been broadcast and published in the media that prisoners who escaped from prison illegally and reached society have committed crimes. When a large number of prisoners are released illegally and reach society again, citizens who have been victims of these prisoners are in a state of insecurity. Such acts not only violate the constitutionally guaranteed rights of victims but also constitute an offense under Section 49 of the Prison Act 2079.

The investigation committee also questioned Rabi Lamichhane, the administrator (jailer) of the said prison Satyaraj Joshi, and the Director General of the Prison Management Department Lilaprasad Sharma regarding the incident. During the questioning, the jailer stated that the letter stating that Rabi Lamichhane had to be released under pressure from his supporters and well-wishers, beyond the office's jurisdiction, was signed under duress due to fear and threats, and that he was released after the jailer called him and said that the jail would be secure if he went outside. Rabi Lamichhane stated that the jailer called him and told him that the jail would be secure if he went outside. These two statements contradict each other. Although the prison administration stated in its statement that it signed the letter under pressure, it was not found to have spoken about or informed about the matter anywhere immediately.

Although the government needs to conduct a thorough investigation into whether the law was violated by acting in contravention of the Prison Act, 2079, and take action against the guilty, 10 children and prisoners died due to the same incident, 13,585 out of 30,640 prisoners and 974 children from juvenile reform homes escaped from prison. Among those who escaped and reached villages, some have re-offended and created an atmosphere of fear in society, and some prisoners are still hiding in villages, creating an atmosphere of fear and terror, violating the right to live peacefully and with dignity and the rights of crime victims guaranteed by Articles 16 and 21 of the constitution.

According to the old concept of human rights, only the government violates human rights, but in the modern concept, private organizations, business establishments, and responsible political individuals must also be held responsible for the observance of human rights.

In accordance with this concept, Rabi Lamichhane and Nakhkhu Prison Administrator Satyaraj Joshi are also found to be involved in the violation of the human rights of the general Nepali citizens as mentioned above by assisting prisoners and children in juvenile reform homes to be sent outside the prison.