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VI. Recommendations
Vigorously investigate and prosecute all members of the security forces implicated in the 49 FIRs highlighted in this report and any other cases of grave human rights violations, and issue clear instructions to the Nepal Police to proceed immediately with investigations.
Send a strong message to the security forces that the perpetrators of grave human rights violations will be held to account and that all members of the security forces must fully cooperate with investigations. Those who fail to do so should face appropriate sanctions such as suspension or dismissal.
Suspend all security forces personnel named in the 49 FIRs, or in other cases, against whom there is prima facie evidence of criminal activity until the investigations and any prosecutions are complete.
Reform the criminal justice system, including by reviewing the role of the Nepal Police and Attorney General’s Office to improve their effectiveness in investigations of serious crimes.
Enact legislation specifically criminalizing enforced disappearances and torture.
Amend the Army Act to ensure that security forces personnel accused of enforced disappearances and torture of civilians can be tried in civilian courts.
Amend the Local Administration Act and the State Cases Act to ensure, respectively, the prevention and proper investigation of alleged extrajudicial executions.
Amend the Police Act, Army Act, and Public Security Act to remove all provisions that grant security forces or government official’s immunity from prosecution for criminal acts.
Establish an independent, external oversight body for the Nepal Police.
Strengthen the NHRC by giving it the necessary powers to carry out credible investigations, including the power to require the attendance of witnesses and the production of evidence. The government should ensure that all NHRC recommendations are speedily implemented by relevant state authorities. The NHRC should be given clear powers to refer cases for prosecution and to seek legal redress against unlawful acts by state authorities.
Make public all reports of previous commissions of inquiry and implement their recommendations fully.
Immediately sign and ratify the Statute of the International Criminal Court, the Convention for the Protection of All Persons from Enforced Disappearances, and the Optional Protocol to the Convention against Torture.
Invite the Special Rapporteur on extrajudicial, summary, and arbitrary executions and the Working Group on Enforced or Involuntary Disappearances to visit Nepal.
Set up a TRC and commission of inquiry into disappearances which are fully in accordance with the standards used by international TRCs and commissions of inquiry. This is in line with the June 2007 Supreme Court judgment ordering the government to set up a commission of inquiry into disappearances in line with international standards. This should happen with full and adequate consultation with all stakeholders, including civil society and victims and relatives of victims. No amnesty should be granted for serious international crimes, including crimes against humanity, war crimes and torture.
Amend section 169 of the Muluki Ain (national code) to ensure state officials, including members of the security forces, can be charged for perjury and contempt of court.
Ensure that habeas corpus petitions can be heard before district courts.
Legislate for, or otherwise set up, an effective witness and victim protection scheme and ensure commensurate penalties for anyone who intimidates witnesses and victims.
Review existing compensation schemes for victims of crime and human rights violations and develop a fair and equitable scheme applicable across the board.
Ensure an effective system of vetting is in place for any members of the Nepali security forces who are proposed for promotion and/or for overseas UN peacekeeping duties, or specialized training abroad, to ensure that anyone under investigation for grave human rights violations is banned from travelling abroad.
In drafting the new constitution, the Constituent Assembly should:
Include a clear guarantee against violations of the right to life.
Ensure that acts of enforced disappearances and torture are prohibited and punishable by law with appropriate penalties.
Fully cooperate with the police in its investigations into past human rights violations, including by complying with all police requests for access to suspects and relevant documentation.
All reports of the courts of inquiry and courts martial should be made available to police and victims’ families.
Sanction officers who do not proceed with investigations.
Set up a special unit of senior level investigators, under the oversight of the Attorney General's Office, to investigate all cases against the NA, in addition to the creation of an independent, oversight body.
Fully cooperate with the police in its investigations into past human rights abuses and violations of international humanitarian law, including by complying with police requests for access to suspects and relevant documentation.
Make accountability for crimes committed during the conflict a priority in the new government.
To India, China, USA, United Kingdom, European Union, Japan and Other Influential International Actors
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.
Fund the strengthening of forensic expertise in the Nepal police by increasing police capacity to investigate crime scenes, collect and analyze DNA samples, and ballistics examination.
Make donor funds contingent on transitional justice being provided and no amnesties for past crimes being granted.
Ensure an effective system of vetting is in place for any members of the Nepali security forces proposed for overseas UN peacekeeping duties, or specialized training abroad, to ensure that anyone under investigation for grave human rights violations is banned from traveling abroad.
September 2008
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