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Krishna Adhikari
On 6 June 2004, Krishna Prasad Adhikari, a resident of Fujel village of Gorkha District, was murdered in Chitwan District by Maoist cadres. Krishna Prasad was visiting his grandparents after having taken the SLC examinations, and he was abducted from Bakullahar Chowk by men who came on a motorcycle ... Maina Sunuwar
Around 6 am on February 17, 2004, a group of RNA soldiers arrested Ms
Maina Sunuwar, a 15-year-old schoolgirl of Kharelthok VDC-6, Kavre
district. She disappeared since her arrest. Her family members, with
support from villagers and school where Maina was a student, visited
detention centers ... Sanjeev Kumar Karna
Sanjeev Kumar Karna was one among the 11 persons arrested on October 8, 2003. On that fateful day, they had gone to attend a picnic program organized by the students at a place called Kariyachauri VDC-4, and from picnic, they went to Kataiya Chowri Area of Dhanusha district where they ate some food ... Arjun Bahadur Lama
Arjun Bahadur Lama, 48 years in age, permanent resident of Chhatrebas
VDC -5, Dapcha in Kavre district was abducted by a group of Maoist
cadres, three in number, on 29 April 2005 (2062.1.16 BS) from the
premises of Sri Krishna Secondary School at Chhatrebas VDC-1 of the
district.
» more
Hari Prasad Bolakhe
Hari Prasad Bolakhe, 35 (while missing) a permanent resident of Phulbari VDC-8, Kavre district, a pastor by profession, had been missing since the arrest December 27, 2003, was reportedly killed by security persons. A team of National Human Rights Commission discovered a human skeleton in a jungle ...
» more
Sarala Sapkota
Around 11 p.m. on July 15, 2004, a group of 12 armed soldiers arrested
Sarala Sapkota at her grandfather’s house. The family, who witnessed the
arrest, stated that soldiers gave Sarala no reason for her arrest.
After her arrest, Sarala’s family went to Baireni barracks and the DPO ...
» more
Birendra Shah
On the evening of 5 October 2007, Mr. Birendra Shah, 34, resident of Inruwasira VDC-8, Bara district, a local journalist of Bara district and correspondent of Nepal FM, Avenues Television and Dristi weekly, was abducted by Maoists from Pipara Bazaar in Kalaiya, the district headquarters of Bara ...
» more
Bishwanath Parajuli, Tom Nath Poudel and Dhan Bahadur Tamang
Three persons namely Bishwonath Parajuli (also called Nagendra
Parajuli), Tom Nath Poudel and Dhan Bahadur Tamang of Hasandaha VDC,
Morang were shot dead by the security personnel on 28 September 2004.
According to the eyewitnesses, other victims and the villagers, about 16
people were arrested ...
» more
Chot Nath Ghimire and Shekhar Nath Ghimire
Chot Nath Ghimire, a 58-year-old farmer, resident of Ishaneshor VDC-4,
Ratamate Majhpokhari of Lamjung district was allegedly arrested by the
Joint Security Forces of Joint Security Camp stationed at Bhorlatar VDC,
Lamjung district on February 2, 2002 (2058.10.20). The security camp
called Mr. ...
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Bhauna Tharu
Bhauna Tharu (Bhauna Chaudhary in the citizenship card), 21 years old
male (at the time of the incident; Date of Birthe: 8 September 1978),
son of Purna Bahadur Chaudhary, permanent resident of Sujanpur village,
Neulapur VDC-4, Bardiya district, and an employee of Rastriya Gobar Gas,
Gulariya, ...
» more
SC Scraps Statute of Limitation and Curbs AG's Discretionary Power
In doing so, the SC declared ultra vires the sections 10 (5) and 17 (10) of the National Human Rights Commission Act -2012. Whilst the 10 [5] of the impugned Act provides for a statutory limitation of six months, section 17 [10] of the same act grants discretionary powers to the AG to decide whether to institute legal actions against the persons involved in human rights violations.
Though it is not clear by now, in absence of the full-text of the verdict, whether the decision will have retrospective implications to cover the crimes dating back to the Nepalese conflict, the NHRC has concluded that this decision might positively mean to encompass all the recommendations it made in the past, leading Nepali broadsheet the Kantipur quoted the NHRC sources as saying.
If the judgment is in line with the NHRC's interpretation, the judgment will be instrumental in implementing hundreds of recommendations of prosecutions made by the commission with regards to violations committed by the warring parties during the conflict.
Though the SC had previously ruled, in Society for Human Rights, Environment, Law and Good Governance vs. the Government of Nepal, that the government is obliged to comply with the recommendations of the NHRC and it should not justify its non-compliance with any "ifs and buts", the NHRC has been ruing time and time again for the routine non-implementation of its recommendations.
The special bench comprising of Chief Justice Khil Raj Regmi and Justices Ram Kumar Prasad Shah and Girish Chandra Lal found the provisions in the Act was in clear contravention with Article 132 (2) (c) of the Interim Constitution which requires the NHRC to institute a case against any person involved in human rights violations and make recommendations to file case in the court in accordance with the law.
The decision has also come as a morale booster to the Commission in the context of the special review of the NHRC by International Coordinating Committee for the National Human Rights institutions scheduled to be held from May 13-17, 2013 in Geneva. It is anticipated that the review will possibly relegate the commission's current "A" status.
Moreover, the existing legislation is fraught with many more problematic provisions not on a par with the Paris Principles (Principles Relating to the Status of National Human Rights Institutions). For details, please see a comprehensive review on the Act: http://www.advocacyforum.org/downloads/pdf/nhrc-act-review.pdf
Claiming that the legislation was not in line with the Paris Principles, advocates Om Prakash Aryal, Yagya Raj Thapa and Pun Devi Maharjan had filed a writ petition to the SC requesting the court to nullify the problematic provisions of the NHRC Act.
Welcoming the court's decision, AF Chairperson Mandira Sharma expressed optimism that the decision will have retrospective implications and pointed out that the NHRC should play a proactive role in addressing the culture of impunity in Nepal.
"It's up to the NHRC to use the mandate effectively in addressing entrenched impunity in Nepal," she said, adding, "We urge the NHRC to be more creative and strategic in using its mandate."
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Though it is not clear by now, in absence of the full-text of the verdict, whether the decision will have retrospective implications to cover the crimes dating back to the Nepalese conflict, the NHRC has concluded that this decision might positively mean to encompass all the recommendations it made in the past, leading Nepali broadsheet the Kantipur quoted the NHRC sources as saying.
If the judgment is in line with the NHRC's interpretation, the judgment will be instrumental in implementing hundreds of recommendations of prosecutions made by the commission with regards to violations committed by the warring parties during the conflict.
Though the SC had previously ruled, in Society for Human Rights, Environment, Law and Good Governance vs. the Government of Nepal, that the government is obliged to comply with the recommendations of the NHRC and it should not justify its non-compliance with any "ifs and buts", the NHRC has been ruing time and time again for the routine non-implementation of its recommendations.
The special bench comprising of Chief Justice Khil Raj Regmi and Justices Ram Kumar Prasad Shah and Girish Chandra Lal found the provisions in the Act was in clear contravention with Article 132 (2) (c) of the Interim Constitution which requires the NHRC to institute a case against any person involved in human rights violations and make recommendations to file case in the court in accordance with the law.
The decision has also come as a morale booster to the Commission in the context of the special review of the NHRC by International Coordinating Committee for the National Human Rights institutions scheduled to be held from May 13-17, 2013 in Geneva. It is anticipated that the review will possibly relegate the commission's current "A" status.
Moreover, the existing legislation is fraught with many more problematic provisions not on a par with the Paris Principles (Principles Relating to the Status of National Human Rights Institutions). For details, please see a comprehensive review on the Act: http://www.advocacyforum.org/downloads/pdf/nhrc-act-review.pdf
Claiming that the legislation was not in line with the Paris Principles, advocates Om Prakash Aryal, Yagya Raj Thapa and Pun Devi Maharjan had filed a writ petition to the SC requesting the court to nullify the problematic provisions of the NHRC Act.
Welcoming the court's decision, AF Chairperson Mandira Sharma expressed optimism that the decision will have retrospective implications and pointed out that the NHRC should play a proactive role in addressing the culture of impunity in Nepal.
"It's up to the NHRC to use the mandate effectively in addressing entrenched impunity in Nepal," she said, adding, "We urge the NHRC to be more creative and strategic in using its mandate."
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