January 3, 2014
Press Statement
SC Mandamus for Justice Commendable
A special bench of Supreme Court Justices Kalyan Shrestha, Girish Chandra Lal and Sushila Karki, issuing a mandamus on January 2, ordered the government not to offer general amnesty in grave incidents of human rights violations, including killing, abduction, enforced disappearance and rape. We heartily welcome the mandamus issued by the apex court. This mandamus has raised hopes of justice for thousands of conflict victims who are waiting for justice while the verdict has profoundly increased the belief of Nepali people on the judiciary of Nepal.
Formation of Truth and Reconciliation Commission (TRC) and Commission of Investigation into Enforced Disappearance (CED) was agreed in the 4-point agreement between the major political parties of Nepal on December 24. The ordinance on formation of Commission on Truth Reconciliation and Enforced Disappearance endorsed by the President on March 14, 2013 had provisions that those involved in grave human rights violations can be granted amnesty, which is against the international standards and laws. Ordering for amendment of this provision, the court has asked the government to form separate commissions on Truth and Reconciliation and Enforced Disappearance as these are two separate issues. It can be expected that this mandamus would help in dealing separately with cases of conflicts. It should be reminded that human rights activists have repeatedly raised voices to address serious violations of international humanitarian laws committed during the conflict as grave human rights violations.
The then conflicting party UCPN-M and its breakaway faction CPN-M have been calling for a general amnesty for those involved in incidents committed during the armed conflict, saying that those incidents occurred in special circumstances. This drew criticism nationally and internationally as granting amnesty depends on the victims and offering such amnesty without their consent would be against the international conventions and treaties which Nepal has signed.
The Nepal Government now has a responsibility to pass bills regarding formation of theses commission through the parliament according to the court order. We urge the Nepal Government and political parties, which had not expressed willingness to form these commissions although seven years have passed after signing of the Comprehensive Peace Accord, not to repeat similar process and take steps towards forming these commissions immediately.
Subodh Raj Pyakurel
Chairperson