"As long as it refuses to surrender Major Basnet to be produced before the civilian court, the Nepal Army is obstructing the course of justice," said Roger Normand, the ICJ’s Asia Pacific director, in a statement on Monday.
Normand said, “This is a matter of grave concern for the integrity of Nepal’s justice system and the credibility of the government’s commitment to the rule of law. The Nepal Army’s actions will also reflect how seriously it treats UN human rights concerns that led to Major Basnet’s withdrawal from peacekeeping duties.”
Basnet is under "detention of military police" after his expulsion from the UN peacekeeping mission in Chad over human rights violation charges.
Major Basnet was supposed to presented before the court on Sunday but the army said it would do so only after it completes its investigation into Basnet´s expulsion from the UN mission. The army is going to form a court of inquiry to investigate into Basnet´s expulsion after the return of army chief Chhatra Man Singh Gurung who is currently in India.
“Nepal cannot extricate itself from the causes and consequences of the armed conflict unless all person stand – and are seen to stand equal before the law,” said Govinda Sharma Bandi, ICJ Legal Adviser in Nepal, in the statement.
“The case of Maina Sunar can set a precedent for bringing all such serious crimes into the criminal justice system, whether committed by Maoists or the State. The national and international community are watching this emblematic case to see if the government is serious about upholding the rule of law,” he concluded.
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