Saturday, February 18, 2006

Nepal's Lawyers still Facing Threat From Both Sides Of Conflict

Kathmandu Feb 18-Since the outbreak of civil conflict in Nepal in 1996, more than 14,000 people have been killed

Lawyers defending the Maoists in court have, by association, been labelled terrorists or Maoist sympathisers and have been detained without proper regard for due process. The delegation was dismayed to uncover an increasing reluctance among lawyers to take on cases that could lead to them being considered pro-Maoist and prosecuted.

Equally, lawyers are being intimidated in Maoist-controlled areas where the rule of law has been disregarded and state courts have been dismantled and substituted with 'People's Courts' presided over by local Maoist militia Commanders, who dispense rough justice.

In recent reports more than 100 lawyers are pressured by the both parties .

One lawyers from pokhara was given theatern from government because he was involve to look after some cases related to Maoist. He was taken to the army barrack and put in custody there , "Army came to my house and started to threaten to me and search all documents and collect all related and unrelated documents and took these papers with them. They also threaten me that, do not tell anybody and do not make any contact to any Human Rights Organization. If you tell and Inform to them then we will do what ever we want. We may Kill you and finish your all family by Bombs. It is our top level order. Do not try to make any contact to Journalists and do not publish in Newspaper this news. They also threaten to my wife and shown very rough activities to my wife" said one advocate to legal news from nepal .

This is the fact that after royal takeover government is against NBA activities told one executive member to legal news from nepal . In recent time many lawyers were given threaten and both Both Sides Of Conflict had violated basic human right . many of our friends were detained without proper due process.

In 2002 The IBA's report sets out 22 recommendations, which it argues must be implemented to return the rule of law and respect for human rights to the country. The key recommendations are:

-The government of Nepal should seriously review and implement its obligations under the Torture Convention and the International Covenant on Civil and Political Rights.

-The district courts should be restored to the whole of Nepal and judges, lawyers, prosecutors and court officials should be able to conduct their professional duties without interference.

-The Maoists must stop murdering and intimidating lawyers and judges.

-Judges, lawyers, prosecutors and court officials should at all times carry out their responsibilities with independence, integrity and impartiality. All allegations of corruption should be investigated and those responsible brought to justice.

-The government should ensure that the police, the Royal Nepalese Army and the security forces undergo training to ensure that they are able to comply with the relevant requirements of Nepal's international human rights obligations.

-Effective procedures for habeas corpus should be implemented.

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