Bangkok--12 Mar--OHCHR-Bangkok
The UN High Commissioner for Human Rights ZeidRa’ad Al Hussein today welcomed last week’s decision by the Supreme Courtof Nepal to strike down a clause giving the Commission on Truth andReconciliation and the Commission on Investigation of Disappeared Personsthe power to recommend amnesties for serious human rights violationscommitted during the 10-year internal conflict (1996-2006).
“We have studied the ruling and heartily commend the Supreme Court forupholding international standards relating to accountability for grossviolations of international human rights law and serious violations ofinternational humanitarian law,” Zeid said.
Over a year ago, on 2 January 2014, the Supreme Court had already statedthat there could be no amnesties for serious human rights violations.Despite that ruling, the Act on the Commission on Investigation ofDisappeared Persons, Truth and Reconciliation promulgated in May 2014,still included provisions that could have allowed the two Commissions torecommend amnesty for serious human rights violations.
“I welcome the Government’s prior commitment to abide by the SupremeCourt’s decision and I trust this will now be given effect,” Zeid said,noting that at least 14,000 people were killed during the conflict andanother 1,300 are still missing.
In its latest ruling, the Supreme Court also stated that the Commissionsmust not facilitate reconciliation between perpetrators and victims withoutthe voluntary and informed consent of the victim.
“It is essential that the Commissions adopt this victim-centred approach,as many victims have felt completely excluded from the process so far,”High Commissioner Zeid said. He noted that a wide range of victims’ groupshave recently united to form the Conflict Victims Common Platform onTransitional Justice.
Numerous conflict-related criminal cases remain pending before the Courtsof Nepal. Only two such cases have led to prosecution, while all the othersremained stalled pending the establishment of the Commissions. The SupremeCourt has now ruled that these cases should be heard directly by the
country’s courts.
“The Supreme Court has made it clear that truth-seeking processes cannotsupplant the criminal justice process. I hope these outstanding cases cannow proceed promptly,” Zeid said.
The High Commissioner noted that a number of other issues needed to beprioritized for the transitional justice agenda to be fulfilled in Nepal.
“These include ensuring that all gross violations of international humanrights law, including torture and enforced disappearances, are explicitlyprohibited as criminal offences under domestic law, in line withinternational standards,” he said.