Informal Sector Service Centre (INSEC) has welcomed the January 2 Supreme Court mandamus asking the government not to offer general amnesty in grave incidents of human rights violations, including killing, abduction, enforced disappearance and rape.
Issuing a statement on January 3, INSEC chairperson said that the mandamus had raised hopes of justice for thousands of conflict victims who were waiting for justice while it has also profoundly increased the trust of Nepali people on the judiciary.
A special bench of Supreme Court Justices Kalyan Shrestha, Girish Chandra Lal and Sushila Karki, issuing a mandamus on January 2, ordered the government to amend the provision of blanket amnesty and also instructed to form separate commissions on Truth and Reconciliation and Enforced Disappearance acknowledging them as two separate issues.
Formation of Truth and Reconciliation Commission (TRC) and Commission of Investigation into
Enforced Disappearance (CED) was agreed in the 4-point agreement between the major political parties of Nepal on December 24. The ordinance on formation of Commission on Truth Reconciliation and Enforced Disappearance endorsed by the President on March 14, 2013 had provisions that those involved in grave human rights violations can be granted amnesty.
The human rights organization reminded that human rights activists had repeatedly raised voices to address serious violations of international humanitarian laws committed during the conflict as grave human rights violations.
The then conflicting party UCPN-M and its breakaway faction CPN-M are calling for a general amnesty for those involved in incidents committed during the armed conflict, saying that those incidents occurred in special circumstances.
INSEC stressed that it would have been against the international conventions and treaties, which Nepal has signed, to grant amnesty without the victims’ consent.
Saying that Government of Nepal now has a responsibility to pass bills regarding formation of these commissions through the parliament according to the court order, INSEC urges it and the political parties, which had not expressed willingness to form these commissions although seven years have passed after signing of the Comprehensive Peace Accord, not to repeat similar process and take steps towards forming these commissions immediately.