A/HRC/13/73
OHCHR in public reports released in 2006 and 2008 respectively.2 One of the main alleged
perpetrators of the violations in Bardiya district continues to serve with the Army and
senior officers implicated in the Maharajgunj barracks violations have been promoted.
OHCHR is seriously concerned by the recent Government decision to promote to
Lieutenant General and second-in-command of the Nepalese Army Toran Bahadur Singh,
who was Commander of the Tenth Brigade during the time of the Maharajgunj barracks
disappearances in 2003-2004, without conducting a full, transparent and impartial
investigation into his involvement in or responsibility for the disappearances.
31.
The leadership of UCPN-M has likewise failed to cooperate with criminal
investigations into the involvement of its cadres in serious human rights abuses during and
after the conflict, including the killings of nearly 40 civilians in the bombing of a public bus
in Madi, Chitwan district in 2005 and the killings of Ram Hari Shrestha, Arjun Lama, and
the journalist Birendra Sah. OHCHR documented the lack of progress in each of these cases
in a letter to the Chairman of UCPN-M in July 2009, following a meeting between the
OHCHR Representative and the UCPN-M Chairman, and has yet to receive a response.
UCPN-M has also failed to make good on its public commitment to inform the families of
victims abducted by its cadres in Bardiya district during the conflict about the fate of their
loved ones.
32.
Gaps and ambiguities in Nepal’s legal framework have further hampered the
prosecution of human rights violations in Nepali courts. Despite years of advocacy by civil
society organizations and the recent painful history of human rights violations and abuses in
the country, neither torture nor enforced disappearance have been criminalized in Nepal. In
the case of torture, the interim Constitution, the Convention against Torture (to which
Nepal is a party) and decisions of the Nepal Supreme Court obligate the State to adopt laws
criminalizing torture, yet the Government has taken no concrete steps to do so. These and
other gaps in the legal framework place additional obstacles in the way of victims and
families seeking accountability in an already impaired criminal justice system.
2.
Transitional justice initiatives
33.
The Government has taken positive steps towards the establishment of transitional
justice institutions, including a commission of inquiry on disappearances and a truth and
reconciliation commission. Draft legislation criminalizing disappearances and establishing
the framework for a commission was approved by the Council of Ministers and sent to the
Legislature-Parliament for consideration in November 2009. The Ministry of Peace and
Reconstruction made improvements to the draft following consultation with human rights
organizations, including OHCHR. However, the bill still falls short of international
standards, including through a restrictive six-month limitation on the filing of criminal
complaints, and makes no reference to crimes against humanity or other international
crimes.
34.
The Ministry of Peace and Reconstruction conducted a series of public consultations
on a draft bill establishing the framework for a truth and reconciliation commission,
including special consultations with indigenous people’s, children and women’s
organizations. These consultations received strong and consistent feedback from the public,
including demands that no amnesties should be granted for serious human rights violations
and that any commission should include substantial representation from victims themselves.
After further consultation with human rights organizations, including OHCHR, the
2
8
See Report of investigation into arbitrary detention, torture and disappearances at Maharajgunj RNA
barracks, Kathmandu, in 2003–2004, OHCHR-Nepal, May 2006; and Conflict Related
Disappearances in Bardiya District, OHCHR-Nepal, December 2008.
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