Incident Reports

Victims question TRC, CED credibility

2015-02-11

Bagmati, Kathmandu, Kathmandu, Ward 10

 Victims and the human rights community have questioned the commitment and capability of the newly formed Truth and Reconciliation Commission ( TRC ) and the Commission on Enforced Disappearances (CED). They derided the newly appointed commissioners’ lack of experience in the field of transitional justice. One of the commissioners, Shree Krishna Subedi, had defended Agni Sapkota, who was charged with an insurgency-era murder. The government on Tuesday endorsed Subedi and nine other nominees suggested by the Recommendation Committee. Former ambassador Surya Kiran Gurung was appointed the chairman; and Senior Advocate Lila Udasi, Advocate Shree Krishna Subedi, Sociologist Madhavi Bhatta and Lecturer Manchala Jha as members of the TRC . Former Chief Judge Lokendra Mallik was appointed the chairman of the Commission on Enforced Disappearances, and former Chairperson of National Dalit Commission Bijul Bishwokarma, human rights activist Bishnu Pathak, and Advocates Nara Kumari Gurung and Ai Bahadur Gurung as the members. “We have never worked with the appointees,” said Sushil Pyakurel, a former member of the National Human Rights Commission. “Besides, the formation of the commission is no guarantee that the conflict victims will find justice.” The government has not formulated the laws required to carry out the recommendations of the commissions. Nepal has not criminalized disappearances and torture. Neither has it defined crime against humanity and extrajudicial killings. Besides, there are three writ petitions before the court against the transitional justice process. The hearing of the case is scheduled for February 12. The victims rued that the government did not wait for the court order while forming the commission. “The process has never been transparent, consultative, and free of political interference. The selection of commissioners like Subedi was made on the basis of political consensus,” said Gita Rasaili, vice-president of the Conflict Victims’ Common Platform. “How can we hope for justice when the government treats conflict victims unfairly?” said Purnima, the widow of Arjun Lama who was killed during the Maoist rebellion supposedly on the order of Sapkota. Subedi, however, said that by arguing for Sapkota, he was only doing his lawyer’s duty. “There is no point in questioning my integrity based on the cases I defended in the past. I will perform my duties as an impartial commissioner,” he said. The transitional justice process has drawn international attention. The Office of the High Commissioner for Human Rights, in its technical note, had suggested that Nepal involve victims in the process and review the TRC Act in line with international standards.

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