Incident Reports

Suman Adhikari's Oped on Transitional Justice


Bagmati, Kathmandu, Kathmandu

The Truth and Reconciliation Commission and the Disappearance Investigation Commission have spent more than 80 percent of their time investigating complaints from conflict victims. The Truth and Reconciliation Commission has set up headquarters in seven provinces and formed a seven-member investigation team led by a high-ranking government lawyer. The Commission for Investigation of Disappearances has also formed an investigation team led by its members and staff. The family members of the victims are suffering from abuse and social exclusion, neglect, psychological trauma, deprivation of opportunities, social discrimination, and humiliation. Regarding the truth research process, Province No. 1, 2, While interacting with the members of the Truth Commission of 5 and 6 and the investigating officers, the basis of the selection process and expertise of the investigating officer, who has been given a deep and sensitive responsibility like the investigation of the complaint, is not clear. Conflict victims say even dignitaries who have not been seen in the long-running transitional justice campaign have been selected as experts. The public prosecutor, who has to be busy in office work all day, has been given such a deep responsibility to work in the morning and evening. There are fears that public prosecutors accustomed to the criminal investigation process could prioritize the suffering of conflict victims and investigate high-ranking government officials accused of being effective and victim-friendly in the spirit of transitional justice. Concerns over the capacity and will of the Commission of Inquiry into the Disappearance Investigation Commission, led by self-appointed members, not on the basis of expertise but on the basis of political affiliation have risen Along with the complaint process, the commissions should have created an environment of cooperation with the National Human Rights Commission, security agencies, CPN-Maoist, and other agencies and organizations to collect documents, information, study and use the expertise, manpower, and structure of those agencies for effective investigation. In addition, a preliminary study of complaints, grouping based on the nature and severity of the incidents, investigation process of fake suspected files, ten pieces of evidence included in the complaint, and the needs of the victim should be studied and forwarded, investigation process should be decided and handed over to the investigation team. Confused by internal disputes and the irresponsible absence of the chairperson for more than two months, the Truth Commission has not conducted a study on the complaints for years. The Commission for Disappearance, which has been conducting preliminary investigations since the complaint was lodged, has not yet revealed the facts of any of the disappeared citizens. It has been heard that the Disappearance Commission has called the families of the disappeared in and around Kathmandu for questioning and is about to fill up the completed form. The commission has said that it will reach the houses of the victims, from door to door, detailed investigation on missing persons, excavation, DNA testing, and other complex processes. The commissions are responsible for the resources available to bodies and stakeholders, including the Human Rights Commission. They did not create an environment to use expertise and manpower. One year after the year of registration, the Truth and Reconciliation Commission (TRC) has given three months to identify the one thousand complaints registered earlier and sent them to seven places. The victim had been called from the police station to identify the complaint and find out more. It has been heard that some of the victims, especially women, were terrified when the phone rang, some mistakes were made and they were confused as to what to ask. Victims' statements have been heard from untrained staff dealing with victims of human rights abuses, stakeholders have not been consulted on questionnaires, and research teams have not included experts and psychosocial counselors. Others will see that the victims who came to the commission with the fear that the perpetrators would come and terrorize them after returning in the evening, should express their grief with confidence towards the commission formed in the political arena. The victims have said that they have not been able to submit the information they have and the name of the perpetrator. Rape and sexual violence victims who have not been able to get any identification and relief as victims are suffering without treatment and have lodged complaints without informing their families. Special provisions are said to be made on paper regarding sensitive issues and incidents such as sexual violence, which have been reported without informing women, children, the elderly, the disabled, and their families. Conflict victims are being deprived of basic human rights such as economic hardships and economic, social, educational, medical, rehabilitation, and housing. Many of the victims' families, who have been campaigning for truth and justice for more than a decade since the peace agreement, have been subjected to abuse, and social exclusion, They are suffering from neglect, psychological trauma, deprivation of opportunities, social discrimination, and contempt. The Truth Commission itself is confused as to whether to investigate 60,000 complaints one by one or to study the pattern of violations in a representative manner. It seems that it will take three years for a three-member team to identify 60,000 general complaints, and there is no scope for further investigation. Despite the preliminary investigation, the commission does not seem to have another chance to listen to the pain of the victim and dig into the pain of the victim. It is not important what documents were signed by the victim through mechanical investigation, it is the mandate of the commission to follow various procedures to reveal the truth. The narrative process creates an emotional, psychosocial, and trusting environment in which the victim can confidently express his or her pain.However, the criminal investigation process has been followed in the statement process of the victims of serious human rights violations. Mechanical investigations are limited to obtaining incident details and physical damage. According to the victims, they were asked whether another person had come, asked for a citizenship certificate, asked to bring witnesses, asked if they were real victims and whether others had taught them when they filed the complaint. Stating that they have already received relief of Rs. 1 million, the victims said that they were asked to reconcile in a psychological and coercive manner. To find out the truth about the abuse of the victim, The victims have complained that the Commission has not been able to hear and address the impact of this and the overall pain suffered by the family members while seeking justice. The victim said that they felt pressure during the statement, could not express his pain due to fear of being threatened after returning home, and had to return with a heavy heart. The victims' community has warned the commission to take measures to ensure credibility, accountability, confidentiality, and protection of victims and witnesses. The victims have suspected that they have repeatedly asked the victim, asked for evidence but tried to deceive the accused without investigating. Conduct detailed investigations into who, where, how, and why the incident took place, hold public hearings, uncover the truth, apply ointment to pain, reconcile emotions, The workload of the commission, which has been forced into action plans, including studying the pattern of violations, seems to be limited to paper. Administrative and procedural details including the list of victims, district visits, meetings with government bodies, recommendations for further investigation, some policy recommendations not to irritate the government, financial relief in the name of compensation. But the victim can't even openly express the pain and the pain seems to linger inside. Acceptance, a victim-centered approach to alleviating the victim's pain, providing pain relief and satisfaction, and ensuring that such abuses will not be repeated in the future are the only reasons for the commission process, the one-year extension, and the end of the term. The justification and effectiveness of the formation of the research team will be confirmed. (The author is the chairman of the Conflict Victims Commonwealth)

National/Online Media