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The Relationship Between Transitional Justice Mechanisms And the Criminal Justice System
Abstract:
The Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal) today releases a Legal Opinion paper entitled “The relationship between Transitional Justice mechanisms and the Criminal Justice system: Can conflict related violations and abuses be deferred on the basis of commitments to establish a Truth Commission?” The paper explains that criminal accountability for conflict related human rights and international humanitarian law violations, which constitute a crime under national or international law, should continue to be undertaken by the regular judicial system and cannot be deferred to future transitional justice mechanisms, or suspended because of commitments to establish such mechanisms. OHCHR-Nepal states in the paper that "the right of victims to an effective remedy applies at all times", and therefore "the regular judicial system cannot be held in abeyance because a commitment to establish transitional justice mechanisms has been made”. OHCHR strengthens this assertion in the paper through an analysis of both Nepal’s existing legal framework as well as the country’s obligations under international treaties, including the International Covenant on Civil and Political Rights and under customary international law.
Publisher: UNOHCHR Type / Script:
Press Release  in  English
Keywords:
TRUTH COMMISSION, HUMAN RIGHTS, CORRECTIONAL SYSTEMS, CRIMINAL PROCEDURE, POST-CONFLICT, EQUITY, CRIMINAL LIABILITY, LAW AND ORDER, RULES AND REGULATIONS, RIGHTS OF VICTIMS, CIVIL AND POLITICAL RIGHTS, ABUSE, INTERNATIONAL LAWS, INTERNATIONAL TREATIES, LEGAL FRAMEWORK, JUDICIAL SYSTEM, HUMAN RIGHT VIOLATION, VIOLENCE, TRANSITIONAL JUSTICE MECHANISM, CRIMINAL JUSTICE SYSTEM, VICTIM, CONFLICT
Thematic Group:
UNOHCHR , (2011)
Thesaurus:
14.04.02 - Crime And Criminal Justice
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Feeder: DEEPIKA DHAKAL, Editor: , Auditor:
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