A/HRC/16/23 Commission rather than stipulating its recommendations as binding and does not obligate Parliament to consult with the Commission on draft laws with human rights implications. D. 1. Encouraging developments The Dhanusha exhumation 36. In October 2003, five male students were reportedly disappeared by members of the security forces; credible allegations suggested that they had been killed and their bodies buried at a site in Dhanusha district. Despite persistent and continued efforts by the students’ relatives to obtain justice, the police continued to oppose the registration of a criminal complaint until September 2009, and did so only after being instructed by the Supreme Court. The police had delayed undertaking the investigation despite detailed directions from the relevant public prosecutor, including on conducting an exhumation. 37. However, on 4 September 2010, nearly seven years after the incident, and following sustained advocacy with the Government, the National Human Rights Commission initiated an exhumation at the alleged burial site together with the police and international and national forensic experts, which led to the recovery of the remains of four human bodies and other pieces of evidence. It is expected that forensic examinations will clarify the fate of the victims. 38. This successful operation demonstrates the important role that the National Human Rights Commission can play in tackling impunity, lobbying for the police to properly discharge its legal function. The exhumation also establishes the precedent that future transitional justice mechanisms do not replace regular legal processes, emphasizing police obligations to undertake investigations into all such pending cases. This progressive step must now be built upon and the police investigation closely monitored to ensure that public prosecutorial instructions are complied with and perpetrators brought to justice. It is also critical that the National Human Rights Commission, with the support of relevant partners, is further empowered to perform its important role, including by properly clarifying its mandate regarding exhumations and the central role of the police in the conduct of such processes. 2. Assistance to future transitional justice mechanisms 39. As it will have only two years to complete its work, it is crucial that once established the truth and reconciliation commission be in a position to plan its work promptly and with reference to objective data. Recognizing both the historic importance and technical demands of such a task, OHCHR-Nepal is implementing a project under the United Nations Peace Fund for Nepal to conduct a data-gathering, compilation and analysis exercise designed to assist the strategic planning and work of the commissions. 40. Having consulted with the Ministry of Peace and Reconstruction and with civil society, in 2010 a team of Nepali and international experts developed a data set of approximately 7,000 incidents from the conflict period where there is a reasonable basis for suspecting that serious violations and abuses of human rights or international humanitarian law have been committed. The compilation of disaggregated data distilled from reports by credible organizations, including OHCHR-Nepal, will provide the commissions with a tool that can be immediately used for strategic planning and for referencing to support investigations. The team has further compiled a reference archive of over 25,000 documents relating to the conflict which may provide the basis for a national archive of materials. The exercise will culminate in a report providing the commissions with key information and research, including guidance on the applicable international law; factual information on the chains of command of the parties to the conflict; and chapters providing 10

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