Kathmandu: The Accountability Watch Committee (AWC) has expressed serious concern about reports from various media outlets that the top three political parties have agreed to stipulate a legal provision that guarantees a 75 percent reduction in punishment for those guilty of serious crimes committed during the armed conflict.
“The right to effective legal remedies is the soul of transitional justice. Any decision made at any level that directly or indirectly undermines the right of the victims of human rights violations cannot be sustained,” the AWC said.
Stating that the right to effective remedies for victims is guaranteed under the Constitution of Nepal (Article 21) and international human rights standards accepted by Nepal (such as Article 2 of the International Covenant on Civil and Political Rights), the human rights body said this right remains immutable at all times (peace, armed conflict, or emergency) and cannot be overridden by any provision contrary to the Constitution and international human rights legal standards. The AWC has urged all actors involved in the process of amending transitional justice laws to keep this undeniable fact in mind.
The AWC has suggested that a balanced approach can be adopted where the court retains the authority to determine the appropriate degree of punishment based on an independent judicial evaluation of the aggravating and mitigating factors of an offense.
While demanding that the option reportedly negotiated among the top three parties that undermines criminal accountability for serious crimes should be abandoned, the AWC has called for rectifying flaws in the definition of gross violations of human rights, making the selection process of commissioners open and transparent, guaranteeing the full independence and autonomy of the commission, removing any barriers resulting from statutes of limitations for the prosecution of serious crimes, and clarifying that there would be a scope for prosecution against those unfit for amnesty and reconciliation. “These steps are necessary to address the legitimate demands of the victim community and civil society, which have been raised for years,” the AWC said.
“The AWC calls for the passing of the pending bill with these amendments, thereby ensuring the obstructed transitional justice process is brought back on the right track,” it has said.
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