Incident Reports

Bardiya victims ask govt to ensure justice

2016-03-06

Lumbini, Bardiya, Barbardiya

The Conflict Victim Committee Bardiya has demanded a guarantee of justice for conflict victims either through regular courts or transitional justice bodies. In a memorandum submitted to Prime Minister KP Oli, the committee has urged the government to “direct all state implementing bodies to uphold the Supreme Court verdict.” In January 2014, the SC had issued a verdict in favour of conflict victims allowing them to seek justice at regular courts as well as transitional justice commissions. Despite the court order, the local administration has been refusing to register FIR related to conflict-era cases, claiming that those cases come under the purview of the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons. Last week, the Nepalgunj Appellate Court issued a show-cause notice in the name of Bardiya District Police to report the court within 15 days for overlooking its two previous court orders. Formed 13 months ago to look into conflict era cases, the two transitional justice bodies have not formally started their tasks due to lack of legal framework and infrastructure. “The International Convention for the Protection of All Persons from Enforced Disappearance be ratified and the act of disappearance be criminalised by law,” read the committee’s memorandum. Bardiya has the highest number of reported cases of disappearances, mostly by security forces, among all the districts.

The Office of the High Commissioner for Human Rights (OHCHR) had investigated 156 incidents of disappearance by then Royal Nepal Army. The UN body said in its 2008 report that it had received over 200 complaints of disappearance, including 14 committed by the then rebel Maoists. In the memorandum, the victims have demanded a consolidated amount of Rs1 million in compensation for education and employment to victims’ families. The organisation has also demanded the government amend the Transitional Justice Laws in line with the SC verdict, which has struck down the provision of amnesty and demanded clarity on provisions related to crime against humanity and serious human rights violation. The government has not amended the law in two years.

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