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Human
Rights & Social Justice
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Implement
Supreme Court judgment on Disappearances
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INSEC,
1 June 2008
Today
marks one year since the directive order given by the Supreme Court to
the Government to establish a Commission of Inquiry to investigate the
hundreds of enforced disappearances during armed conflict. Informal
Sector Service Centre (INSEC) urges the Government to take an immediate
step forward to implement the 1 June 2007 judgment of the Supreme Court
by enacting a law on enforced disappearances in line with the International
Convention for the Protection of all Persons from Enforced Disappearances
and form the commission in accordance with the law as soon as possible.
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Government is reluctant to establish any constructive mechanism to investigate
the whereabouts of the hundreds of allegedly disappeared persons during
the decade-long conflict. According to the record of INSEC, 828 persons,
disappeared by the state, are still unaccounted for. Despite the Maoists'
claim that they were not involved in any disappearances, 105 persons who
are alleged to have been disappeared by Maoist groups remain missing. |
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The
Comprehensive Peace Accord, 2006 included a pledge to publicize the whereabouts
of victims of enforced disappearance and also the Interim Constitution,
2007 provides for the establishment of a commission to investigate the
whereabouts of the disappeared persons during the armed conflict.
Families of the disappeared persons, UN independent experts, and national
and international organizations including OHCHR-Nepal remain concerned
about the continuing uncertainty regarding the establishment of such a
mechanism to deal with the many outstanding cases.
On
1 June the Supreme Court of Nepal ruled on a large number of enforced disappearance
cases, including 80 habeas corpus writs. The ruling ordered the Government
of Nepal to enact legislation that would criminalise enforced disappearances
and establish a Commission of inquiry into past enforced disappearances.
The
criminalization of enforced disappearance and prosecution of the criminals
is a positive step to bring perpetrators to justice. Comprehensive law
on enforced disappearance encompassing relevant international human rights
standards contributes to put an end to impunity and promote accountability
and justice. However, one year after the directives, and despite the continuous
concern of the international community, the government has not initiated
to enact a law to punish the guilty, and failed to implement the verdict
of the Supreme Court. Such ignorance has perpetuated the culture of impunity
and could promote human rights violations in the future.
INSEC
call on Government to:
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Implement the verdict of 1 June 2007 of the Supreme Court without further
delay;
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Implement the order of interim Legislature-Parliament to draft a law on
enforced disappearances in line with the International Convention for the
Protection of all Persons from Enforced Disappearances and the 1 June 2007
judgment of the Supreme Court;
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Ratify the International Convention for the Protection of all Persons from
Enforced Disappearances.
Similarly,
INSEC requests the Constituent Assembly to:
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Direct the Government to implement the order of interim legislature-parliament
to draft a law on enforce disappearance in line with the International
Convention for the Protection of all Persons from Enforced Disappearances;
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Call on the Government to form a commission to unearth the truth and find
out the number and whereabouts of the disappeared people, to provide compensation
to the victims and to bring perpetrators to justice;
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Pass a directive resolution to the Government to become a party to the
International Convention for the Protection of all Persons from Enforced
Disappearances.
Source:
INSEC, 1 June 2008
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