30 August 2021, Kathmandu: In Nepal, the crime of enforced disappearances has been criminalized by the National Penal Code, 2017, and taking into account the continuous nature of the crime of enforced disappearances, the State is obligated to establish the whereabouts of the victim even if it means applying the law retrospectively, yet no cases thus far have been investigated under the Code.
This year, to commemorate the International Day of the Victims of Enforced Disappearance in a more meaningful way, Advocacy Forum-Nepal has published a handbook entitled ‘Establishing Victims’ Right to Truth, Justice and Reparation in Cases Involving Enforced Disappearances in Nepal’, which:
- Highlights the State’s obligation to investigate, prosecute and punish crimes of enforced disappearances and duty to provide truth and justice under international law;
- Analyses provisions related to the retroactive effect of criminal law, the statutory limitation, and what international standards exist and how they can be applied to cases involving enforced disappearances;
- Provides a legal analysis of the investigation, prosecution, and adjudication of crimes of enforced disappearances in Nepal under the Penal Code and the Commission of Inquiry on Enforced Disappearances Truth and Reconciliation Commission Act;
- Analyses the mandates and powers of the Commission of Investigation on Enforced Disappeared Persons and assess whether the investigation conducted by the Commission of Investigation on Enforced Disappeared Persons (CIEDP) fulfills the State’s obligations under international law;
- Support victims, human rights defenders, and the legal community in Nepal working to promote truth, justice, reparation by countering impunity in cases involving enforced disappearances.
To access the electronic copy of the handbook, please follow the link: Establishing Victims’ Right to Truth, Justice and Reparation in Cases Involving Enforced Disappearances in Nepal
Similarly, AF has summarized the major highlights of the handbook in Questions and Answers form, please follow the link: Questions and Answers on Enforced Disappearances – August, 2021
