"We have studied the ruling and heartily commend the Supreme Court for upholding international standards relating to accountability for gross violations of international human rights law and serious violations of international humanitarian law," a press statement issued by OHCHR quoted Zeid as saying.
Earlier on January 2, 2014, the apex court had already stated that there could be no amnesties for serious human rights violations. Despite the ruling, the Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation promulgated in May 2014, still included provisions that could have allowed the two commissions to recommend amnesty for serious human rights violations.
"I welcome the government's prior commitment to abide by the Supreme Court's decision and I trust this will now be given effect," the statement quoted Zeid as saying. At least 14,000 people were killed and another 1,300 went missing in the course of decade-long Maoist conflict.
In its latest ruling, the Supreme Court also stated that the commissions must not facilitate reconciliation between perpetrators and the victims without the voluntary and informed consent of the victim. "It is essential that the commissions adopt this victim-centred approach, as many victims have felt completely excluded from the process so far," said Zeid.
Zeid said numerous conflict-related criminal cases remain pending before the courts of Nepal. Only two such cases have led to prosecution, while all the others remained stalled pending the establishment of the commissions. "The Supreme Court has made it clear that truth-seeking processes cannot supplant the criminal justice process. I hope these outstanding cases can now proceed promptly," Zeid said.
The high commissioner noted that a number of other issues need to be prioritized for the transitional justice agenda to be fulfilled in Nepal. "These include ensuring that all gross violations of international human rights law, including torture and enforced disappearances, are explicitly prohibited as criminal offences under domestic law, in line with international standards," he said.
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