National Human Rights Commission Recommends Action Against Former PM Oli, Ministers for Human Rights Violations

Kathmandu. The National Human Rights Commission has recommended that the government enact laws and take action against former Prime Minister KP Sharma Oli, Home Minister Ramesh Lekhak, and Communication Minister Prithvisubba Gurung for human rights violations. 

The commission submitted its report to the government after investigating the crackdown during the Gen-Z youth protest on August 23, 2082, and the destruction incident on August 24.

According to Shyam Babu Kafle, Assistant Spokesperson for the Commission, the investigation confirmed serious human rights violations by state mechanisms during the protest. It has been requested to enact new laws and proceed with legal action, as there is a lack of laws in Nepal to take action against such human rights violations by high-ranking officials. The Commission has also recommended taking action against those responsible for the Gen-Z movement, providing compensation to victims, and arranging free treatment for the injured.

The investigation report concluded that excessive force was used in controlling the protest. Based on this, it has been recommended to take action against the then chiefs of the Nepal Police, Armed Police Force, and National Investigation Department under Article 249, Sub-section 2 (c) of the Constitution and to keep a record of them, barring them from any government service in the future. Similarly, the Chief of Army Staff of the Nepali Army has been instructed to be sensitive to human rights protection, and the government's attention has been drawn to caution the security personnel deployed in the Singha Durbar and President's Office areas to prevent such activities from recurring in the future.

Assistant Spokesperson Kafle said, 'Based on the facts received, the National Human Rights Commission has made some recommendations. One is to enact laws and take action against the culprits. In the case of the then Prime Minister, Home Minister, and Communication Minister, they were found guilty of human rights violations, and since there are no laws in Nepal for such human rights violations, it has been recommended to enact laws and take action.' He stated that it has been recommended to prosecute the then chiefs of the security bodies and not to assign them any government responsibilities in the future.

The Commission has also recommended that the government conduct a separate detailed investigation into the deaths of individuals in the violent incidents in Itahari and Jhapa during the Gen-Z protests. It has been requested to identify the individuals involved in those incidents, the command structure, and the role of the security personnel, and to bring the culprits to justice through a thorough investigation.

It has also been recommended to investigate the direct or indirect involvement of the organizers, whose role in seeking permission for the protest has raised suspicions, in inciting violence. The Commission has recommended that the government investigate and take action against 51 individuals involved in the incident, including TOB) Group and Rastriya Swatantra Party MP Ganesh Karki.

Emphasis has been placed on a thorough investigation into the incident of August 24, which falls within the jurisdiction of criminal law. In the incident where inmates were released from Nakhkhu Prison and a party chairman also came out, it has been recommended to investigate and take criminal action against three individuals, including Rastriya Swatantra Party Chairman Ravi Lamichhane.

Similarly, further investigation has been requested into the deaths of children in various juvenile correction homes across the country during protests and unrest. It has also been recommended to provide compensation for the damage to the property of private sector businessmen, traders, and the general public during the protests and to arrange free medication for the injured.

With the Commission submitting its report with recommendations for action to the government on Wednesday, there is widespread interest in how it will be implemented. Assistant Spokesperson Kafle clarified that the government is constitutionally bound to implement the Commission's report and that there is a mandatory provision to implement it within three months.

If the government is unable to implement the recommendations, there is a legal provision for the government to inform the Commission with reasons within two months. Kafle stated that if the government sends information about implementation problems, the Commission may reconsider, and if new facts emerge, a decision may be made accordingly, but if no response is received, the Commission will consider the implementation process to have begun.