Writ filed in SC against amendment to Truth and Reconciliation Act

  • नेपाल राष्ट्रिय दैनिक
  • January 6, 2025

Kathmandu — Conflict victims have filed a writ petition in the Supreme Court against the amendment to the Commission for Investigation of Enforced Disappearances, Truth and Reconciliation Act.

Forty-eight people representing victims from both the state and the then rebels filed a writ petition on Sunday, alleging that the act was amended to provide amnesty to those guilty of serious human rights violations . The writ petition demands that some sections of the amended act be repealed.

The Supreme Court had issued a mandate to amend the section that was against international conventions after the government introduced an act in 2071 that included a provision that allowed for amnesty to be granted to those guilty of serious human rights violations. However, the transitional justice process had been hampered for a long time because the act was not amended in accordance with the mandate. The dissatisfaction of conflict victims was also seen in the amendment made last Bhadra after a long tug-of-war.

Some of the recent amendments were also victim-friendly, and the victims had ‘critically accepted’ them, saying that they would support them if qualified officials were selected impartially and the commission worked in a transparent manner.

However, the victims approached the court after the committee formed by the government under the coordination of former Chief Justice Om Prakash Mishra failed to recommend officials to both the commissions due to interference from political parties. This has increased the possibility of prolonging the transitional justice process.

The conflict victims are demanding that the investigation of previous complaints filed with the Commission on Investigation of Disappeared Persons and the Truth and Reconciliation Commission should be conducted in accordance with the original act.

‘Investigations conducted in accordance with the current act will go against the right to equality, as well as the rights of crime victims,’ the writ filed against the government and the National Human Rights Commission states. ‘The amendments made to the original act are flawed, unconstitutional, illegal and void.’

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