Miscellaneous
TJ bills will be tabled soon, says law minister
Law Minister Agni Kharel has said that the government would soon table the anti-torture bill, along with the bill to criminalise disappearance, in Parliament.Law Minister Agni Kharel has said that the government would soon table the anti-torture bill, along with the bill to criminalise disappearance, in Parliament.
Kharel said the government has been working on amendments to some provisions of the existing Transitional Justice Act, which will also be tabled along with other bills related to the transitional justice process.
Speaking at a discussion on anti-torture bill organised by the Nepal Bar Association and the International Commission of Jurists, Kharel said the government would streamline all legal provisions to deliver justice to the conflict victims.
“The bill requires amendment in line with the provisions of the new constitution which has guaranteed rights against torture,” said Kharel. “We have been discussion various provisions of the proposed anti-torture law and amendments to the existing transitional justice law and regulations, which will be tabled in Parliament soon.”
Rights lawyers have suggested revision to the bill in line with the Convention against Torture and other international instruments. “Torture does not vary from place to place,” said Advocate Govinda Bandi. “We need not redefine torture as it is a crime against humanity, which comes under the universal jurisdiction.”
Releasing a briefing paper on Tuesday, the ICJ commended the effort to criminalise torture. However, it has suggested removal of the time limitation for filing complaints and lodging cases, scrapping provisions of penalties for the alleged filing of “fake” complaints and an increase in penalty.
“Nepal’s anti-torture bill is a significant development, and has the potential to be an important step towards countering the systemic impunity for gross human rights violations in the country,” said Sam Zarifi, the ICJ’s Asia director. “It is therefore crucial that the bill be revised to fully comply with international human rights law.”
The briefing paper is released at a time when the United Kingdom is prosecuting Col Kumar Lama for allegations of torture and other ill-treatment during Nepal’s decade-long armed conflict.
“There are several other instances of torture and other human rights abuses during the conflict era that remain uninvestigated. It is high time that Nepal puts in place a strong anti-torture law that challenges entrenched impunity and enables victims to seek justice and accountability,” Zarifi said.