A meeting of the committee held Friday directed the government to immediately pursue diplomatic efforts to secure the release of Lama, who was arrested in London in January, 2013 on the charge of torturing detainees. Lawmakers argued at the meeting that Nepal should seek Lama’s repatriation in view of the formation of transitional justice mechanisms here to address conflict-era cases.
“The meeting directs the government, the Ministry of Foreign Affairs and the Ministry of Defense to immediately pursue diplomatic efforts to bring Colonel Kumar Lama to Nepal and prosecute him as per domestic law, in view of the truth and justice mechanisms,” Committee Chairman Sushil Kumar Shrestha said.
Although the committee had invited Prime Minister Sushil Koirala, who also holds the defense portfolio, and NA chief Gaurav SJB Rana to hear from them about the progress in Lama’s case in UK courts, Minister for Law and Justice Narahari Acharya, Defense Secretary Ishwari Paudel and senior NA officers attended the meeting as the former two could not do so in person.
Paudel briefed the meeting about the efforts made so far to secure Lama’s release. Lama was arrested by the UK authorities invoking universal jurisdiction over a petition filed on behalf of the victims of alleged torture at his hand. He was in command of NA’s Gorusinghe Barracks in Kapilvastu district during the Maoist conflict. Universal jurisdiction is invoked when the government concerned is unwilling or unable to take action against such crime.
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Paudel said the Nepal government wrote to the UK’s Foreign and Commonwealth Office to immediately release Lama and help him resume his duties under the UN. The government had maintained that his arrest was against the universal principle of criminal justice and existing laws and conventions.
Paudel said although Nepal also wrote to UN Under Secretary General for Legal Affairs Patricia O’Brien, Nepal was requested to settle the issue at bilateral level through negotiations with the UK government. Paudel said Lama has been asked to seek legal aid to fight the case as it has become difficult for the government to afford the legal costs.
Responding to the queries and concerns of lawmakers in the parliamentary committee, Minister Acharya, who attended the meeting on behalf of the prime minister, said the government had taken the issue with due seriousness. “The kind of initiatives this committee has taken in view of the changed context of the government already forming transitional mechanisms for addressing conflict-era cases is laudable. Although the efforts made so far may have been inadequate, the government has been striving seriously to secure his release,” the minister said, assuring that the government would follow the instructions given to it.
Almost all lawmakers, including NC Vice-president Ram Chandra Paudel, Hit Raj Pandey, Nara Bahadur Thapa, Yogendra Tamang, Basundhara Roka, Tuka Bhadra Hamal, Daljit Sipaili and Pyarelal Rana, had argued at the meeting that UK authorities should respond to Nepal’s request, considering the recent decision of the government to form the Truth and Reconciliation Commission and the Commission for Inquiry on Enforced Disappearances (CEED) to settle conflict era-related cases of human rights violation.
