However, the commission has informed that the primary investigation will begin right after receiving a complaint from the victims and their families. If so, what would be the investigation procedure of the CIEDP?According to CIEDP Spokesperson Dr Bishnu Pathak, the commission has set up a investigation division within it and the division will at first investigate on the complaints received at its central office and through local peace committees in districts.
"The commission was formed to look into the cases of enforced disappearances during the war-era, which means from February 13, 1996 to November 21, 2006. First of all, the investigation division will find out whether the complaints received are related to the insurgency-era cases of disappearances or not," said Pathak.
After verifying the complaints, the commission will send trained officials to the victims' houses to fill an ante-mortem data form for each disappeared person. "The commission has developed a 23-page anti-mortem form. It is technical and only trained officials will fill it. It will provide detailed information on the physicality of disappeared person and his appearances when he was seen the last time," said Pathak.
According to Pathak, the commission will start recording statements of the family and witnesses about the possible perpetrators behind each case of disappearance. After this, the commission will record statements of the alleged perpetrators. "The alleged perpetrators can consult their legal advisors but have make their statements in person and not through a lawyer," said Pathak.
If the statements of the victim's family, witnesses and alleged perpetrators lead the commission to a conclusion that the disappeared person is already dead, the commission will exhume the grave. "The task of exhuming will be conducted in the presence of experts and every detail of the task would be recorded. The findings will be matched with the findings of ante-mortem data to finalize whose body parts it was," said Pathak.
"If the commission could not conclude whose body it was by comparing it with anti-mortem data, we'll collect reference sample of victims' family for DNA test. We'll send the exhumed body parts to foreign labs for DNA test," said Pathak.
According to Pathak, the commission will ultimately write to the attorney general for legal action against the perpetrators and to impart judicial remedy to the family. The commission will also write to the government for providing reparation to the family.
"Besides these technical procedures, the commission will conduct public hearings to collect information on the whereabouts of the disappeared persons," said Pathak.
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