Commission of Investigation on Enforced Disappeared Persons

Nepal

Toll Free No.: 1660-01-22111

नेपालीमा

Introduction


Truth, Justice and Reparation for Dignity

Commission of Investigation on Enforced Disappeared Persons, Nepal - CIEDP

A brief Information of CIEDP

1. What is CIEDP?

Many People were disappeared forcefully during the period of armed conflict. It is required to find truth and fact to prosecute offender and to provide justice to the victims. For this very purpose, CIEDP is the body established to investigate the cases about the conflict related disappeared Persons.

2. What is meant by armed-conflict?

The conflict between the state party and the then Nepal Communist Party (Maoist) during 2052 Falgun 1 B.S. (13 February 1996) to 2063 Mangsir 5 B.S. (26 November 2006) is known as armed conflict.

3. What is the meant by gross human rights violation?

The gross human rights violation means various acts in a targeted and planned way against unarmed person (not carried weapon or not taken part in the war/conflict) or mass community, including the act of disappearing persons.

4. What are Human Rights?

Rights relating to life, liberty, equality and dignity of person conferred by the constitution and other prevailing laws, and rights mentioned in the International human rights, treaties and agreements in which Nepal is party are human rights.

5. Why was CIEDP formed in Nepal?

People were forcefully disappeared in the course of armed conflict. It is the gross violation of human rights. This commission is formed to seek truth on the cases of enforced disappearance, to recommend reparation to victims and prosecution to the accused ones. In the article 33 of interim Constitution of Nepal, 2007 and under the article 5.2.5 of Comprehensive Peace Accord held between Nepal Government and the contemporary Nepal Communist Party (Maoists) on 5 Mangsir 2063 B.S. (26 November 2006) have the provision of establishment of such commission. On the basis of that, the CIEDP was formed according to Investigation on Enforced Disappeared Persons, Truth and Reconciliation Commission Act 2071(2014).

6. When was CIEDP formed?

CIEDP was formed according to the decision of Nepal Government, Council of Ministers dated 27 Magh 2071 B.S. (10 February 2015).

7. What type of commission is CIEDP?

It is an independent, impartial, accountable and high-level commission.

8. How does CIEDP perform its function?

 It functions as per the constitution of Nepal, prevailing Acts, Rules, directives, procedures, universal principles of human rights and justice. It performs its task being independent, impartial and not by personal gain or bad intention.

9. Which period's disappearance cases does the CIEDP investigate?

The commission investigates only the cases of disappearance related to armed conflict from 2051 Falgun 1 B.S. (13 February 1996) to 2063 Mangsir 5 B.S. (26 November 2006).

10. What are the functions of CIEDP?

The functions of CIEDP are as follow:

a.     To study the available reference materials related to disappeared persons.

b.    To summon and collect complaints on behalf of victim's family and other persons.

c.     To provide prescribed identity card to the victims.

d.    To make public after seeking the truth by investigating the disappeared persons, finding their whereabouts, keeping the records of the cause of disappearance and its nature.

e.      To conduct exhumation work after finding the gravesites as far as possible and on the basis of necessity.

f.      To identify the victim and accused.

g.     To recommend the Government of Nepal to provide reparation for victims and their family members.

h.    To write to the Attorney General for prosecution against the alleged perpetrators.

i.       To make available the findings of investigation to the concerned parties.

11. Who is known as perpetrator?

Perpetrator is the person who involved in the crime of enforced disappearance during armed-conflict.

12. Who are known as victims?

The enforced disappeared person and his/her family members are known as victims.

13. How does CIEDP investigate the cases of enforced disappearance?

The CIEDP, on the basis of following, investigates the cases of enforced disappearance of persons;

  •   If complaints filed in the commission by the victims or other persons on behalf them,

  •  If the commission received information from any sources,

  •  If the commission felt appropriate to investigate,

 

14. How does CIEDP find out the truth?

 The CIEDP, on the basis of following, finds out the truth related to enforced disappeared persons;

  • By analyzing the available evidences provided by victim,

  • By field observation,

  • According to statements of accused and testimony of witnesses,

  • By conducting public hearings.

  • By conducting exhumation after identifying the gravesites and scientific tests of other evidences.

  • Collecting and studying documents related to disappeared persons,

  • By conducting search and seizure if needed and adapting other necessary procedures of investigation.

15. Why and how does CIEDP do public hearings?

The CIEDP, with the presence of victims, civil society, human right activists, journalists and intellectuals including stakeholders, conducts public hearings to find out truth and fact about disappeared persons for  recommending reparation and compensation to the victims and to collect other information which the commission felt appropriate. The stakeholders put forward their opinions in the public hearings which would be useful for the commission's investigation work.  

 

16)  What is reparation and what's the role of CIEDP for providing reparation to victims?

The victim's family is in grief due to act of enforce disappearance which affects them negatively in their education and livelihood. The victims have right to get compensation, different types of reparations and privileges from the state. The compensation, facilities, reparations, privileges given to victims according to their needs and desires is called reparation. CIEDP recommends the followings as reparations to the Government of Nepal to provide to the victims;

a)    free education and health treatment

b)   vocational training

c)    loan facilities without interest or with concession in interest

d)   facility of shelter

e)    employment facility

f)     other facilities and privileges considered appropriate by the commission

17)  Who are called the family members of enforced disappeared persons?

 Husband or wife, son, daughter, father, mother, father-in-law, mother-in-law, grandfather, grandmother, grandson, granddaughter, brothers, sisters who share the same kitchen are called the family members of enforced disappeared person.

18) Who can lodge complaint in CIEDP? Whether the CIEDP itself start enquiry on the case of enforced disappearance or not?

The victims or anyone on behalf of them can lodge the complaint in CIEDP. Complaint could be both written and verbal. The commission notes down the complaint if it's verbal. Toll free no 1660012211 is available in the commission for victims. Unless the complaint is lodged, CIEDP can initiate the enquiry based on the information received from any sources.

19) Whether the fee is charged or not to lodge the complaint?

 No fee is charged to lodge the complaint.

20) If the complainant and witness feel unsecured while lodging the complaint or submitting evidences to the commission, what should s/he do?

S/he should submit the application to the commission for his/her security and the commission recommends to the government to take appropriate measures for his/her security.

21) Whether personal details of complainant and witness could be kept confidential or not?

The commission will keep his/her name confidential if complainant or witness requests to the CIEDP feeling unsecured or the CIEDP itself feels threat to them while lodging complaint or giving testimony.

22) What should be mentioned in the complaint?

CIEDP has designed a format of the complaint. It issues the notice mentioning the place and time to lodge a complaint. Complaint should be lodged mentioning detail about the case with evidences and other supporting documents in assigned place and time.

23) Who provides reparation for the victims and the dependent family members of enforced disappeared persons?

Government of Nepal provides reparation on the basis of the recommendation of the commission.

24) Who is responsible to implement the recommendation of the commission?

Ministry of Peace and Reconstruction is responsible to implement the recommendation of the commission.

25) Who monitors whether the recommendation of the commission is implemented or not?

National Human Right Commission monitors whether the recommendation mentioned in the report of CIEDP is implemented or not.

26) What will happen if somebody obstructs the act of the commission?

The commission may impose a fine up to fifteen thousand rupees on case to case basis if somebody obstructs the act of the commission. If somebody contempt the commission, s/he is imposed fine up to fifteen thousand rupees or up to three months imprisonment or both punishment.

27) How does the commission work in victim friendly way?

It receives the complaints either written or through the telephone verbally. If available, woman staff will be managed for woman complainant to receive the complaint. The commission can make special arrangement for those complainants who are children, senior citizen, person with disability and person subjected to sexual violence and if these type of persons involve in the complaint. The commission may give special preference to initiate the investigation on those cases. If they are unable to present in the commission, the commission may take statement or testimony by deputing investigation officer or through the nearest government office with letter rogatory or electronic medium.

28) How can one help the commission for seeking truth in the case of enforced disappearance?

One can help the commission lodging factual complaint, submitting the written documents, providing all information, being present before the commission if needed and by supporting in search and seizure done by the commission.

29) Is there any provision of amnesty or reconciliation in the case of enforced disappearance?

There is no provision of amnesty or reconciliation in the case of enforced disappearance.

 

Members of the commission

Lokendra Mallick – Chairperson

Bijul B.K. Dulal – Member

Prof.Dr. Bishnu Pathak – Member

Nar Kumari Gurung – Member

Ai Bahadur Gurung – Member