NHRC can now probe, file rights cases on its own

POST REPORT KATHMANDU, MAR 06 - The Supreme Court on Wednesday ordered the government to scrap some sections in the National Human Rights Commission Act that calls for reporting of conflict era cases within six months of the incidence and the authority given to the attorney general to decide on initiating cases. The verdict will now allow the NHRC to investigate into and file cases against human rights violators on its own, regardless of the time limit. A special bench comprising Chief Justice Khil Raj Regmi and Justices Ram Kumar Prasad Shah and Girish Chandra Lal also scrapped a provision of discretionary powers vested in the Attorney General to initiate rights violation cases. In April last year, a group of lawyers led by advocate Om Prakash Aryal, had moved the court against the NHRC, the Prime Minister’s Office, Ministry of Law, Legislative-parliament, Office of the Attorney General, and the parliamentary committee on Foreign Relations and Human Rights. They argued that the time limit set in the Act discouraged victims from fighting for justice. NHRC officials said the decision of the apex court will help maintain the independence of the national rights watchdog. “The decision will help correct lapses in the NHRC Act. In particular, the decision to scrap the provision that gave the Attorney General rights to decide on initiating cases is positive,” NHRC Spokesper-son Gauri Pradhan told the Post. The commission has identified over 1,500 human rights violators who affected over 4,000 individuals. If the NHRC’s past recommendations are implemented, politicians as well as incumbent high-ranking officials of the Nepal Police and the Nepal Army will be tried in the courts. Many cases pertaining to the Maoist conflict era will be revived. Till date, rights violation cases never reached the courts as the Attorney General had the final say on whether a case must be filed. As such cases are filed in the courts through the government attorneys, the government can easily influence them. Posted on: 2013-03-07 07:52 http://www.ekantipur.com/the-kathmandu-post/2013/03/06/top-story/nhrc-can-now-probe-file-rights-cases-on-its-own/246060.html