Incident Reports

Hearing on TRC Commission Act adjourned

2015-01-24

Bagmati, Kathmandu, Kathmandu, Ward 30

 The final hearing on the writ petition against Act on Investigation of Disappeared People and Truth and Reconciliation Commission has been adjourned, creating confusion over the formation of the TRC. The petitioners expressed concern that the final hearing, scheduled for January 22 postponed by the court. Talking to INSEC district representative on January 24, one of the petitioners, Suman Adhikari said that the hearing had been adjourned six times since July 10 adding that they felt their report was disregarded by the court. The formation of TRC has been delayed as the petition against the Act remains sub judice. Adhikari claimed that the case was stretched despite the availability of the justices. Another hearing has been set for February 12. According to Adhikari, a total of 245 conflict victims including him had filed the petition demanding the formation of the TRC as per the Supreme Court decision of January 2, 2014. The petition asked for denial of amnesty in serious violations, mandatory consent of the victims in any recommendation for amnesty, non-possibility of reconciliation in serious violation and no comprise without consent of the victim. The petition has also demanded Articles 12, 22, 24, 25, 26, 27, and 29 as per the constitution and international law. The Legislature-Parliament had endorsed that Act on April 25 with the provision of the establishment of two commissions. Earlier, the SC had issued a mandamus in 2012, after consideration of the writ petition against TRC Ordinance introduced by Bhattarai Government, asking the government to form two commissions and ensure denial of amnesty to perpetrators of a serious violation. 

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