Post war justice of Nepal (2006- present)

Background

1996 Feb 13: CPN Maoist lunched civil war
2001 June 1: Royal massacre of Nepal
2006 March 31 Fri (BS 2062/12/18) : Nepal government decided to create "Peace and Reconstruction Ministry" to assist in the peace process.
2006 Apr 24: 19-days peaceful people movement succeed.
2006 Nov 21 (BS 2063/08/05): Peace agreement between Maoist and GON.



After the war


2008 Apr 10: First Constituent Assembly election held. CPN Maoist became largest party with 229 seats among total 601 followed by Nepali Congress 115 and CPN UML 108.

2008 Aug 18: CPN Maoist leader Prachanda became Prime Minister. 5 governments changed until next election in 5 years.

2013 Nov 19: Second constituent assembly election held. Nepali Congress became largest party with 196 seats followed by CPN UML 175 and CPN Maoist 80. 

2014 Apr 25 Fri (BS 2071/01/12): Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014 (बेपत्ता पारिएका व्यक्तिको छानविन, सत्य निरूपण तथा मेलमिलाप आयोगसम्बन्धी विधेयक, २०७०) was passed from the parliament.

2015 Feb 10 (BS 2071/10/27) : Government of Nepal has formed "Truth and Reconciliation commission" (सत्य निरुपण तथा मेलमेलाप आयोग) and Disappearances Enquiry Commission (बेपत्ता पारिएका व्यक्तिको छानबिन आयोग) consisting five members each following the Commission act of 2014. Members of Truth commission are Suryakiran Gurung-president, Lila Udasi Khanal, Srikrishna Subedi, Dr. Madhabi Bhatta Parajuli and Manchala Kumari jha. Similarly members of Disappearances commission are Lokendra Mallik-president, Bijul Biswakarma, Prof.Dr. Bishnu Pathak, Nar Kumari Gurung and Aaibahadur Gurung. Assigned initial time duration of both commissions are two years.

2015 Sep 20: New Constitution of Nepal promulgated

2015 Nov 4 Wed: India raised the issue of violence in Nepal during civil war in the meeting of universal periodic review in Geneva to blackmail Nepali leaders. Nepal has openly blamed India for its blockade in Indo-Nepal border as an inhuman activity in international forum. (see timeline)

2006-2016: high level of political instability in Nepal. 9 governments changed in 10 years after the peace agreement of 2006.
2016 Apr 14-June 14 (BS 2073/01/02-02/30): Disappearances Enquiry Commission asked people to fill the missing report within this dateline.

Popular cases

2004 Feb 17: 15-years old Maina Sunuwar / sunar was arrested by 12-man army team lead by then captain Niranjan Basnet and then taken to Army barrack at Panchkhal, Kabhre. She disappeared after that.
- 2005: three officers Amit Pun, Sunil Adhikari, Boby Khatry were court marshaled by Nepal army and sentenced 6 months jail and fines for negligence and not disposing of Maina's body correctly.
- 2008 feb : after heavy public pressure Murder charges was filed and Kabhre district court issued summons for arrest of 4 accused army officers. But nothing happened.
(Total Accused 4: Colonel Boby Khatri, Captain Niranjan Basnet, Captain Sunil Adhikari, Captain Amrit Pun - other suspects: Sergentt Khadka Bahadur Khatri, mess runner Dil bahadur basnet and Sri Krishna Thapa).
- 2008 July:DNA test confirmed that human remains found buried at Panchkhal army camp belonged to Maina Sunuwar.
- 2009 Sep: Kabhre district court ordered the Suspension of Major Niranjan Basnet who was already promoted from Captain. But Army didn't follow the order.
- 2009 Dec 12 Major Niranjan Basnet was sent back to Nepal from UN peacekeeping mission seeing his violent track record in Sunuwar's case.
-2010 July 14: Nepal army made its internal court to inquiry in this case and gave clean chit to Major Basnet and criticized UN for expelling him from the mission.
-2015 Jan 14: district court ordered to re-open the case.
- 2017 Apr 17: three former solders Amit Pun, Sunil Adhikari, Boby Khatry are sentenced 20 years of prison by district court . Forth accused Major Niranjan Basnet was freed of all charges as he was only responsible for arrest not the murder. All three convicted criminals have left or retired from the army and and have now remained as fugitive.

2004 June 26: Journalist Dekendra Thapa was abducted in Dailekh district . He was severely tortured and buried alive after two months.
-2013 Jan 5: Dailekh police arrested all five suspects.
-2014 July 12: Dailekh district court sentenced two years of impresionment to Nirak Magar, Harilal Pun and Jaya Bahadur Shahi, one and half year to lakshmiram magar and one year to bir Bahadur Kc.

2010 : Case of Bal Krishna Dhungel
-1998 June 24: Ujjan Kumar Shrestha was killed in Okhaldhunga.
-2004: okhaldhunga district court convicted Balkrishna Dhungel and Puskar Gautam and ordered life term.
-2006: Rajbiraj Appellate court gave Dhungel clean chit
-2008: Dhungel elected for first constituent assembly
-2010: Supreme Court overturned appeal court's decision and kept the verdict of district court.
But Mr Dhungel never arrested.
-2011: Baburam Bhattarai's government forwarded Dhungel's name for Presidential clemency.
-2014 may: Puskar Gautam arrested and jailed.
-2016 Jan: Supreme Court ruled that Dhungel can not be given clemency.

2013 Jan 3: Colonel Kumar Lama of Nepal Army was arrested at his home in Leonards-at-sea near Hastings UK under section 134 of the criminal justice act 1988 citing universal jurisdiction on the case of  crime against humanity by U.K. Police.
Nepal government always took side of Lama. They even disallowed U.K. Rescue mission to enter Nepal after 2014 earthquake in the protest of his case taken over by U.K.
Lama was charged for two separate incidents of torture committed between Apr and Oct 2005 on Janak Bahadur Raut and Karam Hussein who were detainees at Gorusinghe Army barrack at Kapilvastu District in Nepal. On Aug 2, 2016 he was freed from Husain case and on sep 6 2016 he was freed from other charge as well. Nepal government spent about £1 million for his legal fees.


Data

Killed in war : 13,000-16,000
Handicapped:700+
Disappeared : 1,300 - 3,000
Reported incidents in commissions: 2,971



See Also