Clarify crime, punishment: NBA

  • war-era cases
- POST REPORT, Kathmandu

Dec 19, 2014-

The Nepal Bar Association has sought clarification on the jurisdiction of two commissions on transitional justice arguing that any ambiguity would disrupt justice delivery. The NBA has said the government did not follow the directives of the Supreme Court to formulate separate acts for the commissions.

The House has enacted the Truth and Reconciliation Commission Act which envisions two commissions on truth, reconciliation and disappearance. The NBA report on the TRC Act mentions that since the law does not clearly specify crimes in which amnesty or pardon could be given, there is the possibility of amnesty for people committing serious crimes during the conflict.

The provision of the Act has been challenged in the court. The NBA report calls for amending the provision that empowers the attorney general to decide whether a case could be filed against those accused of committing crime during the conflict era. The NBA has also urged making departmental action not as alternative to prosecution against authority, but as additional punishment.

Published: 20-12-2014 09:23

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