National Human Rights Commission Submits Report on Genji Movement Violations

Kathmandu. The National Human Rights Commission has investigated and published a report on the human rights violations that occurred during the Genji movement on August 23 and 24. The report, made public on Wednesday, states that former Prime Minister KP Sharma Oli, former Home Minister Ramesh Lekhak, and former Information and Communications Minister Prithvi Subba Gurung committed human rights violations. The commission has recommended to the government that action be taken against them in accordance with Article 249, Sub-section 2 (c) of the Constitution. Article 249 of the Constitution outlines the duties and responsibilities of the National Human Rights Commission. Sub-section 2 (c) of the article states, 'to recommend to the court to file a case in accordance with the law against any person or organization that violates human rights.' However, stating that there is no provision in any currently enforced law to punish them for human rights violations, the commission has clarified that they can be punished under Western-style laws for offenses against humanity and human rights. In this regard, the commission has taken a past Supreme Court ruling in a case as a precedent. The commission's report has recommended action against them based on the Supreme Court's decision in the case of 'Advocate Madhav Basnet versus Government of Nepal, etc.' Although the commission mentioned 'N.K.P. 2072, Issue 9, Ruling No. 9051' in its report while citing the case, it was found that the case was 'N.K.P. 2070, Issue 9, Ruling No. 9051.' The case was heard by a special bench of the Supreme Court including then-justices Kalyan Shrestha, Girish Chandra Lal, and Sushila Karki. The special bench issued a mandamus to the government stating, 'Serious human rights violations and crimes against humanity are serious offenses, and in cases where existing laws are insufficient to bring perpetrators to justice, new laws should be enacted to end impunity.' The bench clarified that the principle has been developed in international human rights law that universal jurisdiction applies to serious offenses such as grave human rights violations and crimes against humanity, and that perpetrators of such offenses can be brought to justice even through retrospective laws. Notably, in the report of the National Human Rights Commission, among the three judges who delivered the verdict in that case, Sushila Karki herself has been recommended for action if found guilty, regarding her involvement in the human and physical damage caused during the Genji movement, and whether her statements caused anger and provocation among the protesters. Those recommended for action if found guilty after investigation include Sushila Karki, Ganesh Karki, Sulabh Kharel, Bablu Gupta, Raksha Bam, Krishna Karki, Dr. Toshima Karki, Rajiv Khatri, Som Sharma, KP Khanal, Deepak Bohara, Manish Jha, Jwala Sangraula, Hemraj Thapa, Bimal Pant, Khemraj Saud, Purushottam Yadav, Sudhan Gurung, Amanpratap Adhikari, Vivek Thapaliya, Sisan Baniya, Ashika Tamang, and Chhayan. Similarly, Asimman Basnet, Bhagya Neupane, Tank Dahal, Victor Poudel, Ankit Mall, Umesh Bohara, Shiva Yadav, Binod Deuba, Saru Sunuwar, Bhim Upadhyay, Ravi Kiran Hamal, Hari Dhakal, Nishchal Basnet, Om Prakash Aryal, Gauribahadur Karki, Pashupati Khadka, Durga Prasai, Urja Baral, Jerry Tamrakar, Hem Sagar Bidrohi, Buddha Chhiring, Santosh Rajabadi, Amit Khanal, Deepak Devkota, Gaurav Baral, Himani Rajya Laxmi Singh, and Nishan Mainali are also on this list.