A/HRC/16/23
future Nepalese criminal law system. OHCHR-Nepal has further engaged in the
implementation of projects supported by the United Nations Peace Fund for Nepal,
including a project to support the future transitional justice mechanisms, a project focusing
on reparations for victims of conflict-related crimes, and a project to monitor the
compliance of the UCPN-M party with the proper demobilization of former child soldiers
from the Maoist Army, in accordance with Security Council resolution 1612 (2005).
IV.
Impunity and transitional justice
A
General overview
10.
Under the 2006 Comprehensive Peace Agreement the parties committed to
establishing transitional justice mechanisms to address the crimes and human rights
violations perpetrated during the armed conflict, to maintain the rule of law and to
guarantee that impunity will not be encouraged. Nevertheless, four years later, not a single
individual has been successfully prosecuted by civilian courts for a conflict-related case,
despite a long and well-documented list of allegations of violations and abuses committed
by the parties to the armed conflict. Furthermore, impunity remains prevalent with regard to
human rights violations committed since the end of the armed conflict.
B.
Institutional and structural challenges
1.
Political factors
11.
Since the end of the conflict, successive governments and key political actors have
repeatedly made public commitments to end impunity and improve law and order. In
practice, principles of accountability and justice have been subordinate to political
imperatives.
12.
Although the Government has stated that a number of Army and police personnel
have faced departmental and other actions for violations of the Military and Police Acts,
respectively,3 steps taken to bring to justice individuals against whom there are credible
allegations of human rights and international humanitarian law violations and abuses have
been inadequate. In fact, a number of such persons have been promoted, and several have
been sent to United Nations peacekeeping missions or to trainings abroad. In October 2010,
the Government extended the tenure of an Army officer allegedly responsible for acts of
torture and enforced disappearance at Maharajgunj barracks in 2003 and 2004.
Furthermore, one of the main suspected perpetrators of similar violations in Bardiya district
was promoted to a key post in the Army. To date the Government has taken no steps to
repeal such decisions or to suspend the implicated State officials pending credible
investigations.
13.
The Nepalese Army has repeatedly refused to cooperate fully with police
investigations and with orders from judicial authorities, including the Supreme Court. A
key example remains the case regarding the torture and killing of 15-year-old Maina
Sunuwar by four Nepalese Army officers in 2004.The Government reports that the verdict
and statements from an Army court martial were submitted to the Supreme Court.
However, the Army not only failed to comply with a September 2009 district court order to
3
In its comments on the present report, the Government of Nepal reports that 169 Army personnel,
including officers, have faced punishments for violations of human rights and currently more than
100 cases are under investigation. OHCHR-Nepal is seeking further details of these cases.
5
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