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AG discloses plan to retract cases

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KATHMANDU, Sept 14: Attorney General (AG) Mukti Pradhan on Tuesday disclosed that the current government is committed to retracting cases filed against UCPN (Maoist) leaders and cadres during the insurgency period.



Talking to Republica, Pradhan said that the government is preparing to withdraw cases, invoking provisions incorporated under Clause 5.2.7 of the Comprehensive Peace Accord (CPA). [break]



"All should respect the spirit of the CPA," Pradhan said, adding, "Provisions incorporated in the CPA allow the government to retract political cases filed against several individuals during the armed conflict and the government must execute those provisions in letter and spirit."



Asked about objections by the national and international watchdog community against the government´s preparations to withdraw cases, Pradhan said, "We ask national and international human rights watchdogs to abide by provisions incorporated in the CPA."



According to provisions under Clause 5.2.7 of the CPA, both parties guarantee withdrawal of accusations, claims, complaints and sub judice cases made or filed against various persons on political grounds, immediate public disclosure of the status of detainees and their prompt release.



Recently, various international human rights watchdogs and the National Human Rights Commission (NHRC) asked the government in writing not to take any decision to retract criminal cases under the pretext that they are political in nature.



Asked about the government´s plan to retract heinous criminal cases under the pretext that they are political cases, Pradhan defended the plan and argued, "The government will keep in mind the suggestions given by the NHRC but we will move ahead to retract cases filed purely on political grounds."



Pradhan also asked the authorities concerned not to ignore the provisions enshrined under Clause 5.2.7 of the CPA. "No one should ignore this provision," he added, "I, in my capacity as AG, will try my best to implement this provision as neither the Supreme Court nor any law prohibits us from doing so."



On Monday, delegates of European missions in Nepal had asked Prime Minister Dr Baburam Bhattarai not to withdraw the criminal cases.



"I ask representatives of various diplomatic missions and international human rights watchdogs to respect and comply with various agreements reached between the government of Nepal and the Maoists including the CPA," Pradhan, said, adding, "They should play a responsible role, thereby abiding by the Interim Constitution of Nepal and the Nepali people´s aspirations towards peace and constitution."



He also urged the international community to accept the decision the government is to take to retract the cases, citing the CPA.



Meanwhile, The Office of the United Nations (UN) Nepal and Office of the High Commissioner for Human Rights (OHCHR) on Tuesday jointly issued a press statement asking the government not to go for retracting cases.



"We urge political parties and the government to refrain calling for pardons and the withdrawal of any criminal cases which would be contrary to Nepal´s commitments under international human rights law," reads the statement.



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