Waiting for Justice. Unpunished Crimes from Nepal’s Armed Conflict

Human Rights Watch conducted research in Kathmandu and Kavre District in October 2007, interviewing 10 family members of victims, three victims of torture, four police and military officials, four officials from the Attorney General’s Office, six OHCHR representatives, four members of civil society organisations, three political party representatives (from the Nepali Congress, CPN-M, and CPN-UML), and one NHRC official. No one declined to be interviewed. Interviews of victims and families were conducted in English with Nepali translation. These interviews were conducted in private. Following the visit, Human Rights Watch continued to monitor developments closely with assistance from Advocacy Forum.

(Extract from the methodology followed)

Map of Nepal

I. Summary

Key Recommendations

Note on Methodology

II. At War and At Peace

The Civil War

Comprehensive Peace Agreement

III. History of Impunity

IV. Complaints Filed, but No Response

Failures to Investigate and Prosecute

Role of the Nepal Police

Disposal of Bodies

Role of the Nepal Army

Role of Public Prosecutors

Role of the Forensic Profession

Role of the Courts

NHRC

Investigation Bodies

Compensation

Transitional Justice

V. De jure Impunity

Law Reform: The Need to Criminalize Enforced Disappearances and Torture

Weak Legal Framework for Investigations

VI. Recommendations

To the Government of Nepal

To the Constituent Assembly

To the Army

To the Police

To the CPN-M

To India, China, USA, United Kingdom, European Union, Japan and Other Influential International Actors

VII. Acknowledgements

Appendix: 62 Pending Cases of Human Rights Violations by District