Recommendations

These recommendations are drawn from the previous report, Waiting for Justice.

For a more complete set of recommendations addressed to the government of Nepal, the Constituent Assembly, the Nepal Army, Nepal Police, the UCPN-M, and influential international actors, please refer to Waiting for Justice, pages 52-55.

To the Government of Nepal

• Vigorously investigate and prosecute all 62 cases contained in the 49 FIRs highlighted in this report.
• Set up a special unit of senior level police investigators, under the oversight of the Attorney General's Office, to investigate all cases against the Nepal Army, and create an independent oversight body for the Nepal Police.
• Legislate for, or otherwise set up, an effective witness and victim protection scheme and ensure approppriate penalties for anyone who intimidates witnesses and victims.
• Set up a TRC and commission of inquiry into disappearances which are fully in accordance with international guidelines and best practices.
• Ensure an effective system of vetting is in place for any members of the Nepali security forces who are proposed for promotion, overseas UN peacekeeping duties, or specialized training abroad. Ensure that anyone under criminal investigation for grave human rights violations is normally banned from travelling abroad.
• Conduct a formal review of the role of the Nepal Police and Attorney General’s Office in investigating and prosecuting serious crimes and make the reforms necessary to improve their performance.
• Conduct a formal review of existing compensation schemes for victims of crime and human rights violations and make the reforms necessary to develop a fair and equitable scheme for all victims.

To Nepal’s Donors

• Continue to support the work of OHCHR-Nepal and provide adequate funding to ensure the office can support the government’s work to bring an end to impunity and reform the criminal justice system.
• Promote security sector reform, including the establishment of effective oversight and accountability mechanisms for the security forces and vetting procedures.
• Fund a workable witness protection scheme.
• Support the development of forensic expertise in the Nepal police through programs that increase police capacity to investigate crime scenes, collect and analyze DNA samples, and conduct ballistics examinations.
• Make donor funds contingent on progress on justice, reparations, and truth and reconciliation, and on ensuring that no blanket amnesties for past crimes are granted.
• Ensure an effective system of vetting is in place for any Nepali security forces proposed for promotion, overseas UN peacekeeping duties, or specialized training abroad.