TRC Ordinance challenged in court

KATHMANDU, MAR 25 -
Two separate writ petitions have been filed at the Supreme Court on Sunday challenging the recently enacted ordinance to establish a Commission on Investigation of Disappeared Person as well as a Truth and Reconciliation Commission.
At a time when certain provisions of the ordinance have drawn flak, an alliance of insurgency victims—both from the state and the then CPN (Maoist)—have
jointly moved the court
demanding nullification of four articles and amendment to the ordinance.
The petitioners have demanded that the provisions relating to functions, duties and powers of the commission; amnesty; recommendation for action and filing cases be scrapped and an order be issued to amend the law.
“If the state and political parties forcefully impose the ordinance on us, we will boycott the entire process of truth finding and reconciliation,” said an activist, Ram Kumar Bhandari, whose father was disappeared by state in 2001.
Advocates Mahav Basnet and Bishnu Pokharel have also moved the court, arguing that the amnesty provision should be removed as it gives prerogative powers to the commission to grant amnesty. They said the provision has given enough room for granting amnesty to those involved in serious crime against humanity.
The petitioners have sought orders in the name of the defendants to formulate laws in accordance with the previous court order on transitional justice until war abuses and crimes against humanity are not declared as criminal offence and provisions for punishment are introduced depending on the nature of crimes.
The defendants include the chairman of the Interim Election Government, Office of the Prime Minister, minister for Law, Ministry of Law, minister for Peace and Reconstruction as well as Ministry of Peace and Reconstruction.
Posted on: 2013-03-25 08:33
http://ekantipur.com/2013/03/25/top-story/trc-ordinance-challenged-in-court/368973.html