Date: 28 April 2020
Welcoming the Decision of the Supreme Court
INSEC appreciates the Decision of the Supreme Court of April 26, 2020 which has rejected the government’s petition to review its ruling on banning the authorities from providing amnesty to perpetrators in cases of serious human rights violations. The decision has supported our voice what we had always advocated for not granting amnesty in grave human rights violation cases of the decade long armed conflict.
The full bench of judges; Kalyan Shrestha, Baidhya Nath Upadhyay and Cholendra Sumsher JBR on February 26, 2015 had issueed a mandamus order to promulgate laws that ensure the legal process for the perpetrators in cases of human rights violations and not force the victims to reconcile the issues of conflict by hurting self-respect and forgive the accused.
The petition was registered in the Supreme Court to review the issued mandamus by Sushil Koirala led government. The appeal was rejected on July 27, 2015 by the panel of judges Dipak Kumar Karki, Mira Khadka, Bishwambar Prasad Shrestha, Ishwar Prasad Khatiwada and Dr Anand Mohan Bhattarai.
INSEC strongly believes that the state’s commitment to the international human rights instruments, Supreme Court’s mandamus, and Comprehensive Peace Accord denies the amnesty in the cases of grave human rights violations. We entrust that if “The Enforced Disappearance Enquiry, Truth and Reconciliation Commission Act 2014” amended to deal the issues of conflict era cases for bringing the accused into the legal process for ensuring the justice to the victims, the peace process will come to a peaceful conclusion.
In this context, the Government of Nepal and political parties should amend the “The Enforced Disappearance Enquiry, Truth and Reconciliation Commission Act 2014” as directed by the Supreme Court’s decision. INSEC requests the concerned authorities to initiate for amending the act and conclude the peace process.
Dr. Indira Shrestha
Chairperson