In October 2014, TRIAL and three international and local organizations submitted an additional note of allegations to the Special Rapporteur on Truth, Justice, Reparations and Guarantees of Non-recurrence and to the Working Group on Enforced or Involuntary Disappearances to update them on alarming developments, including the flight of a war criminal, related to the automatic retrial without remand of persons already sentenced for war crimes.
Judicial Body: UN Special Rapporteur on Truth Justice Reparations and Guarantees of Non-Recurrence
In February 2014, TRIAL and other 3 associations submitted a report (called ‘general allegation’ in the UN jargon) to the Special Rapporteur on Truth, Justice, Reparations and Guarantees of Non-Recurrence in order to prompt him to contact the Bosnian government on justice and accountability issues after the release and retrial of more than a dozen convicted war criminals between late 2013 and early 2014.
On 23 August 2012, TRIAL together with the International Center for Transitional Justice (ICTJ), the International Commission of Jurists (ICJ), Human Rights Watch (HRW), Advocacy Forum – Nepal and seven other local organisations working with victims of human rights violations and their families submitted a briefing note to the new Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-recurrence, Mr. Pablo de Greiff.
The briefing note highlighted the recent dissolution of Nepal’s Constituent Assembly (28 May 2012) and the way in which this development negatively impacts the efforts to secure truth, justice and redress of victims of gross human rights violations and international humanitarian law.
In particular, the organisations highlighted the danger that without a Constituent Assembly, the long awaited transitional justice mechanisms could be further stalled for an undetermined period or, what is worse, enacted through an ordinance by the interim Government, without public consultation and granting – as the draft Bill to create such mechanisms currently stands – amnesty to perpetrators. In either case the effect would be the same: to deny access to truth, justice, reparations and guarantees of non-recurrence to victims of gross violations of human rights and international humanitarian law and their relatives, in violation of Nepal’s obligations under international law.
The organisations urged the Special Rapporteur to remain seized of the situation and ensure that the government of Nepal upholds its international obligations inter alia, to adopt transitional justice mechanisms able to prosecute individuals who may be criminally responsible for gross human rights violations or crimes against humanity, to guarantee the victims’ rights to effective remedies and reparations as well as to guarantee the victims’ and society’s right to know the truth about established violations. The organisations also appealed to the Special Rapporteur to consider requesting the government of Nepal an invitation to conduct an official country visit.
For additional information:
- Read the briefing note to the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
- Read the cover letter adressed to the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
- Check the other TRIAL activities on Nepal here.
In August 2012, TRIAL and other international and national associations active in Nepal submitted a briefing note to the United Nations Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence about the negative consequences of the dissolution of the Constituent Assembly on the transitional justice process.