Conflict victims have threatened to move to court against the Truth and Reconciliation Commission if it doesn’t revise a recently endorsed guideline regarding shelving probe into war-era cases. The TRC had recently finalized a procedure to select the insurgency-era human rights violation cases that can be put on hold on several grounds, including lack of evidence and inadequate details. According to the provisions mentioned in the procedure, hundreds of conflict-era cases are likely to be shelved without the transitional justice mechanism conducting any inquiry. “We have serious reservations against the TRC’s procedure on shelving probe into conflict-era rights violation cases,” Chairman of Conflict Victims’ Common Platform Suman Adhikari told The Himalayan Times. “Any move of the TRC should be victim-centric. It seems the guideline has been brought with an intent to ensure impunity to as many perpetrators as it desires,” he alleged.

As per the procedure, even those insurgency-era cases would not be examined if these were not directly related to clashes between Maoist insurgents and security forces. Complaints such as the use of coercive tactics to force a resignation, involvement in the insurgency, confessing to leaking information, threats, psychological torture, and extortion will not be considered for further investigation. The Conflict Victims’ Common Platform, a joint forum of over a dozen conflict-victims’ groups yesterday consulted the concerned stakeholders on how to pressure TRC to revise and make it more victim-centric. “First, we will request the TRC to revise the procedure itself,” he added. “If our suggestion is not heard, we will go to court.” Human rights defenders have also backed conflict victims, stating that the procedure is not as per the ruling of the Supreme Court, nor does it meet international standards for transitional justice. Talking to The Himalayan Times, Charan Prasai, Coordinator of Accountability Watch Committee, dubbed the procedure ‘problematic’. According to him, it spells injustice for most of the conflict victims. Prasai said, “If it’s not corrected, we don’t think TRC can ensure justice to the victims of the Maoist insurgency.” TRC member Madhabi Bhatta has demanded that the guideline be revised, saying that hundreds of genuine victims will be denied of justice if the provision is implemented. Earlier, TRC Chairman Surya Kiran Gurung had told this daily that the procedure could be reviewed if deemed necessary. However, he claimed that TRC was a mechanism to take up only specific conflict-era cases where both the Maoist rebels and the state’s forces were involved. Other regular cases shall be dealt with through regular mechanisms such as the National Human Rights Commission and courts, according to him.

Update......................................... The Truth and Reconciliation Commission has ruled out amending its working procedure that has a provision to shelve inquiry into hundreds of war-era complaints. A meeting of TRC office-bearers on Sunday denied revising its recently endorsed procedure, which was dubbed against the principle of transitional justice by conflict victims. The transitional justice body defended the guideline, claiming that it was framed to take care of relevant laws, principles of transitional justice, and international practices. Conflict Victims National Society Secretary Gyanendra Raj Aran last week filed an application at TRC, stating that several provisions of the working procedure were designed to give amnesty to perpetrators of heinous crimes committed during the decade-long Maoist insurgency. The Truth and Reconciliation Commission also denied providing an original copy of the minutes of the decision that endorsed the guidelines, claiming that it might affect the privacy of the transitional justice body, according to a source. Aran had sought the minute as a victim of insurgency.

In the TRC meeting, its member Madhabi Bhatta sought to revise controversial clauses of the procedure, while the other four members, including Chairman Surya Kiran Gurung, were against the revision, said sources. Bhatta was absent when the procedure was endorsed earlier this month. She added that TRC was a public institution and its decisions, including the copy of its minutes, had to be made available to the victims. Talking to The Himalayan Times, Aran said CVNS, along with other associations working for the cause of the victims, would move the court to get justice. “Since our genuine concerns have been rejected by the TRC, we have no choice but to move court against the TRC,” he added. Aran said as per the procedure, an investigation into most of the insurgency-era rights violation cases would be shelved and thousands of victims would be denied justice. While seeking complaints from conflict victims, the Truth and Reconciliation Commission in April had claimed that it would accept complaints even without mentioning complainants’ names. The transitional justice body had also stated that it would record complaints even over the phone, according to Suman Adhikari, chairman, Conflict Victims’ Common Platform. But, as per the guidelines, the investigation into complaints can be put on hold on several grounds, including lack of evidence, inadequate details, use of coercive tactics to force a resignation, and involvement in the insurgency. It stated that complaints related to threats, psychological torture, and extortion would not be considered for further investigation.