Himal Press 
KATHMANDU: The National Human Rights Commission (NHRC) has concluded that former Prime Minister KP Sharma Oli, former Home Minister Ramesh Lekhak and former Communications Minister Prithvi Subba Gurung were involved in human rights violations during last September’s protest in Kathmandu.
In a recommendation issued to the government after its investigation, the constitutional human rights body said the three leaders should face action for human rights violations as per Clause 249 2(C) of the Constitution of Nepal, 2015.
Since Nepal currently lacks a specific law to punish individuals for such violations, it has recommended that the government draft a law before taking necessary action against them. The NHRC has recommended that the government formulate a new law in line with international human rights practices and the country’s needs to prosecute the three former officials and others implicated in the case.
Citing a precedent set by the Supreme Court in the Advocate Madhav Basnet vs Government of Nepal case, the NHRC said the government can enact retrospective legislation to prosecute and punish those responsible for human rights abuses.
The commission suggested that the proposed law should provide for punishment of up to six months’ imprisonment, a fine of up to Rs 300,000, or both. It also recommended that the Special Court hear cases of rights violations.
The NHRC has proposed barring people found guilty of human rights violations from contesting elections or holding political appointments for at least five years. It also recommended restricting them from administrative responsibilities and foreign travel for at least three years. The rights body further proposed that any public official facing prosecution in such cases should be automatically suspended once a case is filed.
