Surya Kiran Gurung, chairman of the Truth and Reconciliation Commission, has said the family of Dekendra Thapa could get compensation even if his case was finalised by the court.

Speaking at an interaction in Dailekh district on Tuesday, Gurung said the commission could recommend compensation.

“Although the Transitional Justice Act bars the commission from investigating into cases sub judice in court, the commission can recommend reparation for victims’ families even if the cases are finalised [by the court],” he said.

As per the Act, the commission can look into sub judice cases with the consent of the court. However, the Act is silent on the cases on which verdict has already been issued. Dailekh District Court has already issued a verdict on Thapa’s murder case.

Dailekh-based journalist Thapa was killed by former Maoist rebels in August 2004.

Thapa had left the district headquarters to meet some local rebel leaders to discuss resumption of water supply to Dailekh town that was cut off by the rebels. He was captured on the way, tortured for days and buried alive.

The commission on Tuesday held separate interactions with civil society members, local administrators and conflict victims.

During the interaction, the commissioners said that the rights violators could face the fate of Col Kumar Lama if the commission is not allowed to work independently.

Col Lama, an incumbent Nepal Army official, was arrested in the UK under the international jurisdiction on charge of his involvement in torture in 2005 when

he was the posted at the Gorusinge barracks in Kapilvastu district.

Commissioner Manchala Jha said the activities of the commission were affected due to the earthquake and ongoing protests in Tarai.

The TRC was formed in February this year, almost after nine years since signing of the Comprehensive Peace Agreement, which had envisioned a transitional justice mechanism to look into war-era cases. The TRC, however, is yet to start its work for the lack of regulations.

PM for victim-centric transitional justice

KATHMANDU: Prime Minister KP Sharma Oli has suggested a victim-centric transitional justice process in establishing truth and delivering justice to conflict victims.

In a meeting with officials from Commission of Investigation on Enforced Disappeared Persons (CIEDP) on Tuesday, PM Oli pledged full support to the commission in carrying out investigation and prosecution of the rights violators in insurgency-era cases. According to PM’s press adviser Pramod Dahal, PM Oli urged the commissioners to expedite their task. “Transitional justice is an integral part of the peace process, which is aimed at delivering justice to conflict victims,” Dahal quoted the PM as saying.

Commission Chair Lokendra Mallick said that the PM pledged support to the transitional justice process. “We were assured of all sorts of support,” Mallick said after the meeting. “And we are also hopeful that the Cabinet will pass the regulations soon.”

The government formed transitional justice bodies in February to investigate into conflict-era cases. However, 10 months since their formation, the commissions have yet to take complaints. Officials said the commissions would formally call for complaints from conflict victims once the government endorses their regulations. The commissions had forwarded the draft rules five months ago.

Meanwhile, the CIEDP also consulted with conflict victims regarding the legal framework and procedural requirements for the transitional justice process. Mahesh Poudel, secretary at the commission, said they would collate opinion from all stakeholders.