Human rights watchdog’s call for retrospective law sparks legal and constitutional questions
Summary
The National Human Rights Commission's call for retrospective legislation to penalise political leaders for alleged human rights violations in Nepal has raised complex constitutional and legal questions regarding the applicability and adequacy of existing laws.
Key Points
- In 1985, Nepal enacted retrospective legislation to prosecute bombings, which was later repealed after democracy was restored.
- The National Human Rights Commission recently recommended retrospective laws to penalise officials for alleged human rights violations during Gen Z protests.
- Nepal's constitutions and international law generally prohibit retrospective criminal laws except in extraordinary cases like crimes against humanity.
- Legal experts challenge the NHRC's recommendation, arguing current laws already allow prosecution and retrospective criminal laws threaten constitutional protections.
- The 2014 Supreme Court verdict on retrospective legislation applies narrowly to transitional justice and serious international crimes, not ordinary political protests.
