Implement SC decision: ICJ

  • transitional justice
- POST REPORT, Kathmandu

Feb 27, 2015-

The International Commi-ssion of Jurists (ICJ) said on Friday that Nepal must fully implement its Supreme Court’s decision to reject the possibility of amnesty for the perpetrators of serious human rights abuses during the armed conflict between the state force and the former Maoist rebels.

On Thursday, a three-member special constitutional bench, composed of Justices Kalyan Shrestha, Baidhya Nath Upadhyay and Cholendra Shumsher JB Rana had struck down the amnesty provision in the Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act 2014 (TRC Act) endorsed by Parliament in May 2014.

The bench also ruled that only the judiciary, not the commissions established

by the TRC Act, can determine the criminality of

any violations committed in the context of the country’s decade-long conflict.

“Nepal’s Supreme Court has once again firmly reasserted the right of the victims of human rights violations to seek justice,”said Sam Zarifi, ICJ’s Asia Director. “This bold and principled decision should finally end the cynical attempts by politicians

from all Nepal’s major

parties, as well as the military, to legislate impunity and shield themselves from accountability.”

 “The Government must immediately take all necessary steps to implement the court ruling, including to ensure criminal investigation of FIRs, and address the

concerns raised by the victims on the formation of the Truth and Reconciliation Commission and Commission of Inquiry on Enforced Disappearance.”

This is the second time

the Nepal’s apex court has rejected the amnesty scheme introduced by the Nepali government. On 2 January 2014, the court had declared unconstitutional the Ordinance on the Truth and Reconciliation Commission (TRC Ordinance).

 

Published: 28-02-2015 09:09

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