The Supreme Court’s panel decision to deny changing the pronouncement of not forgiving severe crimes committed during the conflict period has been appreciated by INSEC.
In a press statement released by the Chairperson of INSEC, Dr Indira Shrestha, she has welcomed the Supreme Court’s verdict. It has denied reconsidering the petition on 26 April 2020.
In this context, INSEC has reminded how consistently they have been expressing their opinion on not pardoning the issues that happened during the armed conflict- mentioned in the release.
It is unfair to forcibly reconcile the issues of conflict hurting self-respect of the victims and the ones guilty of severe human rights violation cannot simply be forgiven. The verdict was given on 26 February 2015 by the respected jury of Kalyan Shrestha, Baidhya Nath Upadhyay and Cholendra Sumsher JBR assuring action against the human rights violators.
The petition was made on 27 July 2015 during the government led by Sushil Koirala which mentioned reconsideration of the verdict and conversion of the pronouncement. It is considered a milestone for Transitional Justice and while the government attempted to convert this, it was repudiated by the panel of Justice Dipak Kumar Karki, Mira Khadka, Bishwambar Prasad Shrestha, Ishwar Prasad Khatiwada and Dr Anand Mohan Bhattarai.
The stance is based on Nepal’s international commitment related to human rights, Supreme Court’s pronouncement, and detailed peace agreement provisions which agrees on not forgiving any kind of severe human rights violation- mentioned in the statement.
We entrust that if Transitional Justice is addressed through the amendment of the code of establishment 2014/15 of Truth and Reconciliation Commission and Commission of Investigation on Enforced Disappeared Persons, the guilty can be brought into the legal frame and it will facilitate Nepal’s peace process to reach a true conclusion.
INSEC has also appealed Nepal government and major political parties to initiate the process of amendment immediately since the petition is dismissed and now, the government is compelled to amend the previous code on the establishment of the Truth and Reconciliation Commission and Commission of Investigation on Enforced Disappeared Persons.