AG backs govt plan to withdraw war-era cases

KATHMANDU, SEP 13 -
Newly-appointed Attorney General Mukti Pradhan on Tuesday supported the government’s plan to withdraw cases filed during the insurgency that have indicted Maoist cadres in different crimes.

Pradhan, however, said only cases registered against individuals “due to political reasons” can be withdrawn. Cases concerning serious crimes committed for purely criminal motives but apparently under political cover will not be withdrawn, he added.

The statement from the government’s chief legal advisor supporting the plan comes amid growing criticism from human rights defenders over the government decision. Any decision on the case withdrawals will breach international laws and treaties, of which Nepal is a party, the rights activists say.

The ruling coalition partners—Maoists and the Madhesi Morcha—had signed a four-point deal, which, among other things, commits to withdraw cases and grant amnesty to cadres of the two parties in the coalition who have been charged with crimes committed during the Maoist insurgency and the Madhes movement. Speaking at a programme at the Reporters’ Club, Pradhan said, “All cases filed for working against the then authority (monarchy) are political cases. Questions should not be raised on the decision to scrap the cases that were filed against persons while they fought for reformation.”

Stating that the trend of withdrawing cases of political nature started after the restoration of democracy in 1990, Pradhan said leaders like KP Oli, Jhala Nath Khanal and Madhav Kumar Nepal would have been serving time in prison had cases of such nature not been taken back. He said the life imprisonment sentence against UCPN (Maoist) lawmaker Bal Krishna Dhungel will also be annulled as the verdict was issued during the insurgency. “If Dhungel is convicted, the state has to take the responsibility of all the lives lost from the Maoist side during the insurgency. It is a political case and, hence, it should be scrapped,” he said.

Rights defenders, including the OHCHR, say that though the government has the authority to withdraw cases and grant amnesty, it cannot do so in cases involving serious crimes, which according to international laws, have universal jurisdiction.

Posted on: 2011-09-14 08:59
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