Promises never kept
The arrest of Col Kumar Lama in the United Kingdom on January, 2013 for torture committed during the 10-year Maoist insurgency has brought to question Nepal’s commitment to addressing cases of serious human rights violations.
The UK made the move as a result of the Nepal government’s inaction to implicate and persecute the accused in rights violation cases. The Conflict Report 2012 released by the Office of the High Commissioner for Human Rights (OHCHR) in October has documented 9,000 serious violations of International Human Rights Law during the conflict.
“It could be an opportunity for the government to re-assess its commitment and assure the victims and the international community that Nepal is capable of addressing cases of serious human rights violations by cooperating in investigations into this case and implementing court orders in many other cases,” said rights activist Mandira Sharma, who heads the Advocacy Forum. The forum, along with London-based Hickman & Rose law firm, had filed a case against Lama.
However, Nepal has failed to prosecute anyone for torture even after seven years of the end of the Maoist conflict. Political parties never set up transitional mechanisms like the Truth and Reconciliation Commission and Disappeared Commission to address war-era human rights violations as agreed in the Comprehensive Peace Accord (CPA) signed in November 2006.
The former Seven-Party Alliance and the then rebel party CPN (Maoist) had committed to form such a mechanism within 60 days of signing the accord. However, successive governments never addressed the issues and instead ignored court orders letting the convicted walk free. They also ignored recommendations made by the National Human Rights Commission (NHRC) and international human rights agencies.
Recently, the government granted amnesty to a number of rights violators in the political garb while taking back charges against party cadres and Maoist leaders like Agni Sapkota, Balkrishna Dhungel and Surya Man Dong. Despite objections from the NHRC and other rights organisations, the government elevated security officials implicated in serious rights violation cases.“We knew this situation would come,” said Sharma, “We repeatedly reminded the government that by not enforcing the law and implementing court orders, the government had put many citizens at risk.”
Had the government delivered on its promises, Col Lama would not have been arrested. His arrest could be an opportunity to prove to the international community that Nepal is capable of addressing cases of rights violations on its own, which will also help improve Nepal’s image.
“It will be wise to cooperate in the investigations in this case to convince the international community,” she said.
Meanwhile, Human Rights Watch, a US-based human rights group, said Lama’s arrest sends a warning to those accused of serious human rights violations in Nepal.
“The UK’s move to arrest a Nepali army officer for torture during Nepal’s brutal civil war is an important step in enforcing the UN Convention against Torture,” said Brad Adams, the Asia director at Human Rights Watch, in a statement.
“Those responsible for committing torture in Nepal can no longer assume they are beyond the reach of the law in other countries.
The lesson for the Nepal government and army is that it is time to end the culture of impunity that has left victims waiting for justice for far too long.”