KATHMANDU, Aug 9: The Accountability Watch Committee (AWC) has expressed concern over the transitional justice (TJ) bill agreed upon by the three major parties in the federal parliament.

Issuing a statement, the AWC said that the amendment proposals forwarded by the Parliamentary Committee on Law, Justice and Human Rights on matters such as definition and classification of violations of human rights as well as the reduction of punishment and prosecution appear to be problematic.

“Despite being contrary to the 'prevailing Nepali law, international human rights law and international humanitarian law', to be considered as a ‘violation of human rights', such acts must be done 'targeted or planned against unarmed individuals or populations during the armed conflict'. This is inappropriate. It violates the international belief that all elements of war crimes and crimes against humanity are serious violations of human rights. On the other hand, violations of a nature that do not meet the threshold of war crimes and crimes against humanity are excluded from the scope of human rights violations, which is contrary to the purpose of transitional justice,” the statement says.

The AWC also said that the Law, Justice and Human Rights Committee has violated the provision (Section 29 (d)) of the bill,  which grants the authority to the court to determine the punishment based on independent judicial review of the conditions that increase or decrease the gravity of the crime.

The AWC said the provision that the Attorney General or the subordinate public prosecutor can file a case by reducing 75 percent of the original punishment by curtailing the authority of the court is malicious.

 
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