A/HRC/10/53
page 9
28. Although special commissions were established to investigate the most serious human
rights violations and crimes committed in 2008, the reports of these commissions, submitted to
Parliament or to the Home Ministry, were not made public and there were no visible
consequences for the alleged perpetrators.
29. In October 2008, the Government recommended the withdrawal of 349 cases “of a political
nature”, including cases against some senior CPN(M) members of the Cabinet. Charges
withdrawn included murder and attempted murder, rape, robbery and arson, as well as violations
of arms and ammunition laws. Seeking further information on the criteria for withdrawal of these
cases, OHCHR Nepal stressed the importance of transparent, impartial proceedings to ensure
that individuals responsible for gross violations and international crimes are not made subject of
a de facto amnesty.
30. OHCHR Nepal received reports of frequent political interference in criminal justice
processes, especially in Terai districts. Political pressure, including threats and intimidation, to
release individuals linked to major political parties arrested on criminal charges, to which the
police have frequently succumbed, encourage impunity for abuses and acts of violence. These
pressures not only undermine police morale and credibility, but also further erode public
confidence in the rule of law.
31. In countries emerging from armed conflict, such as Nepal, reforming public security
institutions is an important step in the transition to lasting peace and democracy. In order to
ensure this transformation, security forces personnel as well as former combatants of the Maoist
army responsible for human rights violations or abuses should be excluded from State
institutions. This would help to break the cycle of impunity and send a strong message about
commitment to human rights. There is a significant need for a credible and effective vetting
process in the context of army integration and restructuring of public security forces.
32. In addition to establishing internal vetting mechanisms, on which the Nepalese Army has
reported some progress, OHCHR Nepal has repeatedly stressed that Nepalese security personnel
against whom there are credible allegations of involvement in human rights and humanitarian
law violations during the conflict, or in post-conflict human rights violations, must not be
deployed to United Nations peace operations.
C. Public security and rule of law
Assessment of the security situation, including activities by armed groups
33. The commitment by the new Government to prioritizing improvement of public security
was welcome, although progress has been slow thus far. Gaps in governance at both the central
and local levels are compounded by a police force that was often ineffective, particularly against
the activities of armed groups operating in the Terai. This has resulted in a growing sense of
lawlessness and a security vacuum in many parts of the Terai and some hill districts.
34. This public security vacuum contributes to the proliferation of armed groups, some of
whom are connected to the Madhesi political parties, leading in turn to increased criminal
activities, with daily reports of abductions, killings, explosions of improvised explosive devices
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