Nepal: Double victory before the United Nations
In two cases led by TRIAL, the UN Human Rights Committee recognized – again – Nepal’s failing to deliver justice to its citizens.
The families of Rajendra Dhakal and Padam Narayan Nakarmi received acknowledgment for their sufferings at last. The Human Rights Committee (HRC) recognized Nepalese authorities had failed them in their quest for justice. Both victims were forcibly disappeared as part of a systematic policy targeting alleged Maoists in the civil war.
Mr. Rajendra Dhakal was a lawyer and a committed human rights defender. At the time he was arrested, he was defending victims of torture and harassment at the hand of the State. He had already been withheld and mistreated by the military due to his past involvement with communist groups.
Mr. Padam Narayan Nakarmi was also arrested and disappeared on the basis of his political affiliation. Evidence suggests torture and mistreatments were commonplace in the army barracks where M. Nakarmi was last known to be detained.
The families of both victims had exhausted all domestic remedies when they turned to TRIAL International. Together, they took the case to the HRC. The Committee recognized Nepal’s failure to uphold its obligations and issued recommendations in favor of the victims.
“Now the hardest part begins”
It now falls on Nepal to uphold these recommendations and grant truth and justice to the victims. But HRC decisions are non-binding, leaving their implementation to the good will of States. Failure to implement HRC decisions sends a dangerous message that human rights violations can go unpunished.
“Sadly, Nepal has a history of ignoring, partially or totally, HRC recommendations” says Helena Rodríguez-Bronchú Carceller, Head of the Nepal program. “TRIAL’s work is far from over, in fact the hardest part begins now.”