Those responsible for institutionalised extrajudicial killings and disappearances have yet to be brought to justice
It is more than 25 years since Saket Mishra, a democratic fighter of Nepal, was arrested and disappeared at the hands of the panchayat government, along with four of his friends. His mother, now 75, is still waiting for her son to come back. In the course of those 25 years, there has been a sea of political changes in Nepal, but the misery in the general population has been manifold, so people like Mishra and their families have largely been forgotten.
King Mahendra imposed the "partyless" panchayat system in 1960 and dissidents began to be kidnapped or disappear at the hands of both state and non-state actors.
Maoists institutionalised the culture of extrajudicial killings and disappearances by non-state actors during their 10-year insurgency(1996-2006). According to the International Committee of the Red Cross,more than 1,300 people are still missing as a result of that conflict.
The ICRC has published a list of their names and circulated it widely. A study by the international body found that the overriding need among families of those arrested or disappeared is to be told officially what happened to their missing relatives.
The ICRC is submitting detailed cases to the former parties to the conflict, along with any information that could facilitate their investigations. It is working with forensic and legal experts and institutions such as the National Human Rights Commission "to build up the country's capacity to perform exhumations and to clarify the fate and whereabouts of missing persons".
Another problem is that, despite the disappeared receiving public attention, sympathy and international support, the state has so far failed to take a single action that would bring the culprits of disappearance to justice. This culture of impunity has raised many questions.
The recent report, Indifference to Duty, published by Human Rights Watch and the Advocacy Forum, points out:
"A central driver of impunity is failure on the part of the police to rigorously investigate cases, and in many instances, to investigate at all. Police routinely refuse to accept complaints from relatives of victims and to register first information reports (FIRs, the initial complaints to police which formally initiate investigations ); even when FIRs are registered, police and prosecutors routinely procrastinate in carrying out investigations, even in the face of orders and legal rulings by the supreme court.
"Such failures are due at least in part to the continued sway of the army and Maoist forces, and to police knowledge that the Nepal army (NA) and political party officials, including Maoist officials, are unlikely to co-operate with investigations."
Crime and impunity are deeply politicised in Nepal. Many persecutors against whom there is strong evidence of involvement in serious crimes continue to serve in political party and security forces; some have even been promoted and honoured by the government. The well-known case of 15-year-old Maina Sunuwar is one example. She died while in custody of the Nepalese army and an officer was implicated in her murder – yet he continues to serve.
For victims of the disappeared, justice is still denied. The government argues that justice will be delivered by the yet-to-be establishedDisappearances Commission and Truth and Reconciliation Commission. While the 2006 comprehensive peace agreement commits to establish these commissions, there is no progress; bills to establish them are still pending in parliament.
So as not to fail the peace process in Nepal, there is an urgent need to implement the recommendations put forward by Human Rights Watch. Its report emphasises "the need for political leaders – with support of the United Nations, donors and influential countries – to develop a coherent and sustainable plan to strengthen the rule of law and the criminal justice system to end impunity. Ensuring that abusive officers and soldiers are prosecuted and removed from the ranks of the army and Maoists is crucial".
On 25 January next year, Nepal will come under scrutiny for the first time under the UN human rights council's universal periodic review system. If the government still fails to make progress in addressing impunity in Nepal, some major cases of political and security involvement should be referred to the international criminal court.
To the family members of the disappeared who are endlessly waiting for their loved ones, like the mother of Saket Mishra, justice must be ensured.
http://www.guardian.co.uk/commentisfree/2010/dec/21/nepal-justice-disappeared
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