Disappearances in Nepal: Addressing the Past, Securing the Future
International Commission of Jurists
2009, International Commission of Jurists:
In this briefing paper released on the 6th of March 2009 the International Commission of Jurists (ICJ) urged the Government of Nepal to strengthen the Ordinance on Crime and Punishment of Disappearances to bring it in line with human rights standards, the directives of the Supreme Court of Nepal, and international best practices.
Table of contents:
I. Introduction
II. Applicable International Law
III. The Crime of Enforced Disappearance
1. Definition of “Enforced Disappearance”
2. Crimes against Humanity.
3. Continuous crime and limitation period
4. Criminal responsibility
Responsibility of superior
Responsibility of subordinates
Responsibility of accomplices
5. Proportional penalty
6. Mitigating factor
7. Defintion and rights of victims
IV. National Commission on Enforced Disappearances
1. The mandate of the Commission
2. Relationship with other bodies
The Truth and Reconciliation CommissionOffice of the Attorney General and the CourtsThe National Human Rights Institutions
3. Preventive measures
4. Appointment and removal of Commissioners
Eligibility criteria
Selection process
Removal of Commissioners
5. Public release of report
6. Witness protection
7. Exhumations
8. Role of NGOs and international actors
V. Conclusions
Source(s):
| Language | Format | Source |
|---|---|---|
| English | PDF document |  view/download |