National Human Rights Commission recommends action against Oli, Lekhak, Gurung over alleged human rights violations

KATHMANDU: Nepal’s National Human Rights Commission (NHRC) has recommended legal action against former Prime Minister K. P. Sharma Oli, former Home Minister Ramesh Lekhak, and former Minister for Communications and Information Technology Prithvi Subba Gurung, concluding that they were responsible for human rights violations in relation to the incidents of Bhadra 23 and 24 protest.

The recommendation follows an investigation conducted by a committee led by NHRC member Lily Thapa, which examined alleged human rights violations during the protests and events that took place on those dates.

According to the commission, the recommendation is based on findings contained in the committee’s investigation report, which was submitted on Chaitra 6 after nearly six months of inquiry. Although the report had been submitted months earlier, the NHRC only formally decided on Tuesday to recommend action and submitted its recommendation to the Prime Minister’s Office on Wednesday.

NHRC Recommendation Based on Investigation Findings

In its full commission decision, the NHRC stated that the investigation and analysis section of the report identified the three former officeholders as individuals responsible for human rights violations during the period under review.

The commission’s recommendation was made under Article 249(2)(g) of Nepal’s Constitution, which authorizes the NHRC to recommend legal proceedings against individuals or institutions where human rights violations are found.

Under the constitutional provision, the commission may recommend that cases be filed in court in accordance with prevailing law if legal action is deemed necessary.

Recommendation for New Legal Framework

The NHRC noted that Nepal’s current legal framework does not explicitly provide punishment mechanisms for the type of human rights violations identified in the report.

As a result, the commission has recommended that the government consider introducing a new law — including, if necessary, a retrospective legal mechanism — to enable accountability in cases involving violations of human rights and humanitarian principles.

The commission cited existing legal principles established by Nepal’s Supreme Court, stating that retrospective legal provisions for accountability in serious human rights cases have previously been recognized.

Based on this interpretation, the NHRC recommended that the government formulate new legislation if required to enable prosecution and sanctions against the individuals identified in the report, along with others found responsible.

Suggested Punishments and Restrictions

The NHRC has also proposed several legal provisions for future legislation on human rights violations.

Its recommendations include:

• Maximum punishment of up to six months imprisonment, a fine of up to NPR 300,000, or both
• Jurisdiction for such cases to be handled by a Special Court
• A minimum five-year ban on contesting elections or receiving political appointments for individuals found responsible for human rights violations
• A three-year restriction from holding administrative positions
• A minimum three-year travel ban for convicted individuals

The commission also proposed that any person facing a formal human rights violation case should be automatically suspended from public office while proceedings remain active.

Provision for Apology and Compensation

For cases that do not involve grave human rights violations, the NHRC has suggested provisions allowing reconciliation measures.

These may include:

• Public apology by the accused
• Compensation to victims
• Possibility of pardon under court approval and consent of victims

The commission emphasized that such mechanisms should only apply to less serious cases.

Wider Accountability Recommendations

The committee, which reportedly prepared a nearly 1,000-page report, also recommended action against several security officials who held leadership roles during the incidents.

At the same time, the NHRC has recommended further investigation into the possible involvement of additional former officials, including former Prime Minister Sushila Karki and former Home Minister Sudhan Gurung, regarding whether they had any involvement in the physical and human damage reported during the Bhadra 23–24 movement.

The recommendations stem from findings related to alleged responsibility and involvement during protests held on those dates.

The NHRC’s recommendations are advisory in nature, and any legal action, legislative reform, or prosecution would depend on decisions taken by the Government of Nepal and relevant judicial authorities.