Nepal: Zeid hails Supreme Court rejection of amnesties for
serious human rights violations
GENEVA (6 March 2015) - The UN High Commissioner for Human
Rights Zeid Ra’ad Al Hussein today welcomed last week’s decision by the Supreme
Court of Nepal to strike down a clause giving the Commission on Truth and
Reconciliation and the Commission on Investigation of Disappeared Persons the
power to recommend amnesties for serious human rights violations committed
during the 10-year internal conflict (1996-2006).
“We have studied the ruling and heartily commend the Supreme
Court for upholding international standards relating to accountability for
gross violations of international human rights law and serious violations of
international humanitarian law,” Zeid said.
Over a year ago, on 2 January 2014, the Supreme Court had
already stated that there could be no amnesties for serious human rights
violations. Despite that ruling, the Act on the Commission on Investigation of
Disappeared Persons, Truth and Reconciliation promulgated in May 2014, still
included provisions that could have allowed the two Commissions to recommend
amnesty for serious human rights violations.
“I welcome the Government’s prior commitment to abide by the
Supreme Court’s decision and I trust this will now be given effect,” Zeid said,
noting that at least 14,000 people were killed during the conflict and another
1,300 are still missing.
In its latest ruling, the Supreme Court also stated that the
Commissions must not facilitate reconciliation between perpetrators and victims
without the voluntary and informed consent of the victim.
“It is essential that the Commissions adopt this
victim-centred approach, as many victims have felt completely excluded from the
process so far,” High Commissioner Zeid said. He noted that a wide range of
victims’ groups have recently united to form the Conflict Victims Common
Platform on Transitional Justice.
Numerous conflict-related criminal cases remain pending
before the Courts of Nepal. Only two such cases have led to prosecution, while
all the others remained stalled pending the establishment of the Commissions.
The Supreme Court has now ruled that these cases should be heard directly by
the country’s courts.
“The Supreme Court has made it clear that truth-seeking
processes cannot supplant the criminal justice process. I hope these
outstanding cases can now proceed promptly,” Zeid said.
The High Commissioner noted that a number of other issues
needed to be prioritized for the transitional justice agenda to be fulfilled in
Nepal.
“These include ensuring that all gross violations of
international human rights law, including torture and enforced disappearances,
are explicitly prohibited as criminal offences under domestic law, in line with
international standards,” he said.
ENDS
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please contact Rupert Colville (+41 22 917 9767 / rcolville@ohchr.org ) or
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(+41 22 917 9310 / cpouilly@ohchr.org).
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