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Criminalise conflict-era torture and enforced disappearances

Graphic: NHRC Chairperson Justice Anup Raj Sharma

The Commisison also urged the government to not grant amnesty to individuals involved in serious cases of human rights violations during the conflict.

The National Human Rights Commission (NHRC) has asked the government to draft a law criminalising conflict-era torture and enforced disappearance to prevent a situation where conflict-era victims resort to seeking justice through international institutions, My Republica reported.

Unveiling a series of 11 recommendations on the transitional justice process, NHRC Chairperson Justice Anup Raj Sharma urged the government to amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, taking into consideration the Supreme Court's ruling to criminalise torture and enforced disappearance.

He also recommended removing the statute of limitations for registering conflict-era cases.

"If the laws are not amended to ensure justice within the country, the conflict-era victims will be forced to seek justice from beyond the borders. It won't do any good to the country," Justice Sharma said.

"So we ask the government to heed our suggestions and move forward in an appropriate way to ensure transitional justice."

Justice Sharma also urged the authorities not to scrap cases or grant amnesty to individuals involved in serious cases of human rights violations like enforced disappearance, extrajudicial execution, torture and rape.

"Similarly, we also urge the concerned bodies to bring about reconciliation between the victim and the perpetrator only upon the approval of the victim and the prevailing theories of justice," he said.

Date: 5 February 2018

Source: My Republica


Image credits

  1. NHRC Chairperson Justice Anup Raj Sharma - National Human Rights Commission of Nepal