The UK court rejected Lama´s appeal against prosecution on Tuesday. Releasing a 117-page report entitled ´Authority without Accountability: The Struggle for Justice in Nepal´ in the capital on Tuesday, ICJ said the UK court´s decision is a victory for thousands of Nepalis seeking justice and accountability. [break]
Lama was arrested on January 3 during a visit to the United Kingdom. Talking to media persons, ICJ South Asia legal adviser Sheila Varadan said there could be many more cases like Lama if changes are not made in Nepal. “Everyone, who is suspected, is vulnerable following the UK court´s decision,” she added.
The ICJ in its report states that despite an explicit commitment to effective justice in the peace agreement between the Maoists and the government, no one has been prosecuted or convicted of any conflict-related human rights violations so far.
“As demonstrated by the Nepali government´s conduct in Colonel Lama´s case, the political identity of the government has changed but the culture of impunity remains the same,” said Varadan, adding, “Political parties continue to exploit the well-established system of political privilege and embedded impunity for personal interest and political gain.”
The ICJ has stated that none of the major political parties have made any tangible commitments to address accountability for human rights meaningfully, including in political manifestos in the run up to the Constituent Assembly (CA) election scheduled for November 19.
“The major political parties seem unwilling to address the systemic impunity prevalent in Nepal, both for past violations and present conduct,” maintained Varadan.
She argued that if there is to be lasting peace and political stability in Nepal, the people of Nepal must be accorded their rights under international law to an effective remedy and reparations for violations of human rights. “The Nepali people have consistently demanded justice. It´s time the politicians and military listened and delivered,” added Varadan.
The ICJ has called on the major political parties in Nepal to publicly pledge, if elected, that they will ensure the new constitution will not permit any state official to grant an official pardon, withdraw a case or grant an amnesty to anyone suspected or convicted of an offence constituting a gross human rights violation or crime under international law.
It has also urged the major political parties to enact legislation to ensure that any parliamentarian or state official against whom there are credible allegations of responsibility for gross violations of human rights or crimes under international law are suspended from service in public office, including armed forces personnel representing Nepal in international peace-keeping operations, at least pending the outcome of an independent and impartial investigation and fair trial.
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