KATHMANDU, SEPTEMBER 01

A joint investigation launched by rights organisations into the death of juvenile undertrial Kamal Basnet, 18, and the escape of other juvenile delinquents and undertrials from a child correction home at Sanothimi, Bhaktapur has blamed the child correction centre administration for the incident.

Ten rights activists representing rights bodies, including INSEC, had investigated the incident. The report was released today.

The report stated that juvenile undertrial Kamal Basnet, a resident of Ramechhap district died due to negligence of the child correction centre.

The report quoted other juvenile undertrials saying that Kamal Basnet, who was suffering from fever, had asked for medicine but the correction centre just gave him niko and did not feel the need to take him to the hospital for treatment. The boy was rushed to nearby Nagarik Community Hospital after he fainted, but he was pronounced brought dead. The report stated that juvenile undertrial Kamal died because he was not taken to the hospital in time.

A total of 221 juvenile inmates kept at the child correction centre had escaped after clashing with security personnel. Juvenile delinquents/undertrials who fled from the centre had protested against the child correction centre blaming it for the death of Kamal Basnet. The child correction centre is controlled by Department of Prison and managed by Underprivileged Children's Educational Programme (UCEP).

Juvenile Kamal Basnet, accused of rape, had been kept at the centre since 11 June 2020. Rights organisations have recommended that internal management of the child correction centre be improved and impartial probe be launched into the death of Kamal Basnet and the escape of juvenile inmates.

It also said no one above 18 years of age should be kept at the child correction centre with other children. The report also stated that the responsibility of running the child correction centre must be shouldered by the government itself and correction centres should be developed as correction centres.

The report also stated that jaillike administration in correction centres should end and child-friendly management must be promoted.

INSEC Online Editor Ramesh Timilsina, who was among the rights activists, who investigated the incident said the correction centre was overcrowded as there were two-fold more juvenile undertrials/inmates than the approved capacity. 'We found that even people as old as 23 years were kept at the centre,' he said and added that although the prevailing law provides for priority of listing juvenile related cases, many hearings got postponed, thereby delaying the adjudication of juveniles' cases. He said the correction centre lacked basic amenities and juvenile undertrials complained they did not get enough food at the centre.

USEP, however, complained that the Department of Prison, which provided it rice and daily allowance for delinquents and undertrials was not providing the pledged rice and money on time.

Timilsina said that the correction centre was not ensuring the right to clean environment, right to live with dignity for juvenile undertrials and delinquents. Child delinquents can be deprived of only the right to movement, but they are entitled to all other human rights,' Timilsina added.

On August 21, as many as 221 minor inmates had escaped the well-secured Juvenile Correction Centre at Sano Thimi in Bhaktapur following a violent clash between police and inmates during a protest against the death of a fellow inmate. As many as 19 security personnel and 10 juvenile inmates were injured in the incident. One juvenile who was hit with a rubber bullet is undergoing treatment at National Trauma Centre and is in serious condition. Four juveniles are still at large.

A large number of Armed Police Force and Nepal Police personnel who were deployed to take the situation under control reached too late as hundreds had already escaped the area.

Several videos taken by the locals and police showed angry teenagers pelting stones and bricks and using wooden planks against police officers. Around 20 police personnel were injured in the clash, including an inspector.

Fellow inmates and the deceased's family charged that Kamal died due to torture and negligence inside the correction centre.

A version of this article appears in the print on September 02, 2023, of The Himalayan Times.