Karki, the Chairman of the Investigation Commission, says that the common understanding is that this commission can make arrests and prosecute cases, but that understanding is completely wrong. There is 'Rule of Law' in the country. Therefore, the rule of law applies equally to all.
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The government has formed a three-member high-level commission of inquiry under the chairmanship of the former president of the special court, Gauri Bahadur Karki, to investigate the suppression of the Gen-G movement and the destruction caused by the protestors on 23 and 24 August. Former AIG of Nepal Police Vigyanraj Sharma and legal scholar Bishweshwar Bhandari, who has worked in transitional justice in various conflict-affected countries, are its members.
Karki has previously worked in medical colleges, distressed cooperatives and other investigation committees. This time, the government has again formed an inquiry committee under his leadership. The committee led by Karki has already started work. He claims that the commission will not give immunity to anyone during the investigation and will also make the report public. The government has provided three months time for the inquiry commission. Edited part of the conversation made by Durga Dulal and Jaisingh Mahara for Kantipur in this Serofero:
How does the high-level commission of inquiry formed by the government to investigate the repression of the movement of the youth of Gen-G on August 23 and 24 and the damage caused by the demonstrators work?
The government has entrusted us with a specific mandate to investigate the events that took place during the movement of Gen-G youth. Accordingly, the Chief Justice of the Supreme Court administered the oath to the President and the President administered the oath to the members, and we have officially started work from Thursday. We are operating an office on the seventh floor of the Department of Climate Science. At the beginning, we have written correspondence to provide details of the damage caused to the government offices, Parliament House, Supreme Court, Commission on Abuse of Authority, other government offices, private buildings and industries and establishments that were targeted by the protestors.
We have sent correspondence from the Supreme Court and other bodies across the country asking them to send the details of themselves and their subordinates. Similarly, in the case of private property, we have asked the individuals to come to the office and provide details of the damage, while we have written letters to private sector organizations including the Confederation of Industries, Confederation of Industries, etc. Especially during the demonstration on 24th of August, there were not only attacks, but also looting and burning of material property. By mentioning all these things, we have made a public call to send the details to the commission by physically attending the office or by email. We request this again through your media.
Similarly, along with the details of the damage, we have also asked you to provide any evidence or information about those who caused the damage. In this way, the details of the informants will remain confidential. We made that decision from yesterday, we are working on the same today. After preparing a list of all these, we call them and start the investigation. Now, as the office is open only until Sunday, there is a situation where much work cannot be done even if one wants to. A lot of work will be done after Dasain when the office starts.
The government has given you a mandate of three months. Is it enough? Can all investigate and investigate?
The government itself has been formed for the purpose of holding elections in a 6-month mandate. We have been given three months to complete everything before that. Three months may not be enough, but we will try our best. If we can't work tomorrow, we will find a suitable alternative at that time, but now we will proceed with the work as per the plan that we can do within three months. Let's not assume that it can be done now or not, that the deadline is due. go to work
This commission has the jurisdiction to investigate all the ministers and power partner parties from the then Prime Minister KP Sharma Oli, Home Minister Ramesh Oli, who are accused of being involved in suppressing the movement of Gen-G. Do you suspect that it will have any effect?
There is no reason to suspect that this will be done under suspicion or pressure. We have been given a specific mandate by the government. In the order, it is said to conduct a fair investigation on all the incidents that happened on 23 and 24 August. We investigate everyone fairly and impartially accordingly. For this reason, we have started collecting the details of the damage. How did the movement of Zen-ji begin on August 23? In the first phase, we have started to see who was deployed for security.
We have obtained its list from the police office and security agencies. We also ask for the list of police officers posted from Maitighar Mandla to Parliament House. We also study the situation of security arrangements since how much firing took place in it, how many tear gas shells were fired. We also study the news published and broadcast by the public media. As Kantipur Daily has written how many shots were fired in the incident. We also study all these things.
Similarly, when and where was the first shot fired? We also study things like whether there was a need to use force. What happened in the Central Security Council meeting held the day before the incident? The decisions made there will also be in our study. What happened on August 23? We also investigate what role was played in that action. I don't want to name anyone, but everyone involved in the incident at the time is being investigated. I don't want to reveal the person or official in this or that position, but no one will be excluded from investigation and statement. You are sure of it. The demand of the
market is that some people who were in the leadership of the government at that time should be immediately arrested and especially the government officials should be suspended. Similarly, why was there a delay in taking action against suspected persons because they might flee abroad?
I have also been reading such news in some media since Thursday. The government has been monitoring them since they stopped their passports. I don't know what it is because it's a government matter. But we have just started the investigation. From the start of the investigation, action cannot be taken at the outset to find out who is involved or who is guilty. Now we will only study the details given by the media. It cannot be considered as evidence and anyone can be called guilty. After a detailed study it can be said whether it is guilty or not.
We cannot take any action without confirming someone's involvement. For that reason, we will bring those who are guilty under the ambit of investigation, even if necessary, by suspending their passports tomorrow. We can do it and have the right to. However, it does not mean that it has to be done now or today. The common understanding is that this commission can make arrests and prosecute cases in a hurry, but that understanding is completely wrong. We can say guilty but we have no power to prosecute or arrest. This commission only has the right to investigate and recommend action.
But the opinion of the general public is that the Commission should arrest the guilty and keep them, so that they cannot escape, right? It cannot be tolerated that those oppressing the people continue to walk openly, right? is a
. However, by saying who is guilty, no one can be arrested without looking for some evidence or basis. This commission has no power to arrest. All we have to do is call them for a statement and if they are found guilty, they will make it public. The commission is constituted according to the law and will run according to the law. The law does not grant such a right.
Accused or suspected people also have human rights. There is 'Rule of Law' in the country. Therefore, the rule of law applies equally to all. You have to follow the law and go through the legal process. As they go through the legal process, they have tasks ranging from taking statements to understanding evidence. What I want to make clear is that those who gave the orders, those who were involved in the use of force to cause damage - the commission does not grant immunity to them. We will bring all those who ordered the
to the scope of investigation and no official involved in suppressing the movement of Jen-G will escape the jurisdiction of this commission. We recommend that the culprit be prosecuted based on his involvement. We also suggest to the government how to take action while recommending. We have also been given such a mandate. We believe that it will be easier for the government to bring the culprits to justice after recommending the method and process of action. Like
: The Mallik Commission was formed to investigate the events that happened in 2046. Rayamazhi Commission was formed to investigate the repression of 2062/063. This is also a commission of the same level. The report of that commission was not made public by the government. kept secret However, we do not allow our report to be kept secret. Whatever government comes, it cannot be kept hidden anymore. Even if it is hidden, the movement will not keep the hiding government in power. If the government withholds the report we submitted, we can make it public.
Prime Minister KP Sharma Oli was at the helm of the government when the incidents of 23 and 24 August occurred. Home Minister Ramesh was the author, while Sher Bahadur Deuba, Chairman of the Nepali Congress from the ruling partner party, supported the government till the last stage. Does this commission dare to call them in a statement or not?
I have already said, the commission will call all those who are involved in the incident of that day or who are seen. I don't want to say anything about these officials or people right now. But the commission investigates those who are in power at that time, all those who supported the power and those who run the government and make decisions of the state apparatus, the commission is also capable of such an investigation. The commission also looks at their level of involvement and recommends what action should be taken.
The vandalism that took place during the demonstration on August 24, it has been revealed that there was an infiltration of people outside of Jen-G. What does the commission do in the case of such infiltrators and how are they investigated?
This commission investigates everyone involved in the incident. There is no need to be conflicted about it. Especially on August 24, there have been many infiltrations under the cover of the protestors. We have only heard and read these things so far. Now that the commission has started a detailed investigation, what is the reality will be found out. In some places, the police have started arresting those involved in this kind of infiltration and destruction, even killing. It is the job of the government or the police to take action. The commission will investigate and find out the truth and make recommendations.
There is also a suspicion that this commission will be a little softer towards the government in operation at that time, isn't it?
Do not doubt it. The mandate given by the government says that everything will be investigated. The government does not say do this person, do not do it or do it to this official, do not do it to others. If the mandate itself does not say so, why should it be soft towards someone or hot towards someone? The human casualties caused by the use of force on 23 August, and the devastation caused the next day - all these things are investigated in the same way. Misdeeds on both these days do not get exemption from the commission. No one can expect us to get a discount. We write what we see, that too with fearlessness.
You guys started researching. There are only three members. Will the research be completed within three months with the limited manpower available now?
The government has set up a three-member commission and given some limited staff to investigate. This work is exploratory. Skilled manpower is needed here. We need expertise in research and manpower who can look at such incidents from different angles. We also need investigative police and prosecutors. We have also felt this. Keeping all these things in mind, we have written to the Prime Minister and Home Minister that we need some manpower.
We also tell them after meeting them. Like: There has been a shooting at the scene. Only an expert can tell about the circumstances of the shooting and the subsequent events. This commission needs that expert manpower. We have also considered asking for government lawyers and police officers who are well versed in investigations. The office has just been established, now the manpower will be available gradually.
What would you do if you found that some people's activities were suspicious and you had to stop them from going out of Kathmandu or out of the country for a month or two?
Our assessment is that such a situation will not occur. As all of them are citizens of this country, they will help this commission of inquiry. We believe that people in high positions and government officials will be more helpful. If such a situation occurs in the case of an officer or a high-ranking person, we can also stop the passport, if we have to do any other activity, we will do that. Let me give you an example. I am a retired judge.
is an incident when I was in High Court Janakpur. There, the activities of a person on trial for corruption were seen as suspicious. And, I had made an order from the court that I could not go outside Janakpur and if I had to go, I had to take permission. There are many such practices in court. Being a person who has seen and done this practice, I will take appropriate action if such a situation arises. In such a situation, if a high-ranking person or official is suspicious, we can stop their passport or place a limit (stopping them from going beyond it).
There has been great damage outside the Kathmandu Valley as well. Every government building, courthouse and private house should be investigated. For this, the possibility of on-site inspection is not possible due to lack of time. How does the Commission of Inquiry work in this situation?
Yes, this seems to be a problem. Since then, we have been mandated to investigate the situation across the country. But the time is only three months. In addition, festivals like Dasaintihar and Chhath are approaching. In this we first focus on the Kathmandu Valley. We are seeking details from the districts. We collect the details of all the damaged places from the district through the relevant office. If possible, we try to reach outside the valley, otherwise we study the details there.
The court that was burnt down, it is being said that it was set on fire because of the pending case of a certain person or according to the targeted plan of a group. The pattern in it is also studied or not? Wherever the
court is lit, there are certain 'patterns'. There have been reports that certain groups or individuals have targeted all of their cases by firing missiles. All these we study. In this way, we mention what is seen after the study. If a certain person is involved in this, action is recommended against him. We look at everything.
Such investigative reports of the past were kept so that the public could not even see them. Those who have been recommended for action are still walking freely. This is why impunity has persisted. What is the basis for not repeating the same situation this year?
Not so this time. This time, when the commission is formed, a mandate has also been given on how to take action. We also mention the type of action and the charge under which the action should be taken. When the commission investigates, the action to be taken against those who are found guilty will also be written in the report. I believe that it will not be like in the past because the government will write what and how and in what manner it can be done. We will also study it and submit a report.
So far, the commission of inquiry has only given reports. No other work has been done except to keep those reports in the government drawer. I told this to the government even when I assumed responsibility. I made two things clear to the government at that time. First, the Commission of Inquiry should be able to work independently and secondly, the recommendation should be implemented and made public. I took responsibility only after the government was ready to do both these jobs. We also recommend the method of implementation of the report and the recommendations of the action plan as they are included in the mandate of the commission.
Those involved in the Zen-G movement are saying that they are trying to take action against Zen-G due to some vandalism during the movement and this will not happen. What does the Commission do about it?
We study events, not take action. We will recommend action to those involved in the repression and destruction that took place on the 23rd and 24th of August. It cannot be distinguished as Gen-G or other. What is confirmed by law and events is recommended. Jen-Ji did the agitation, I don't think they did the destruction like this, but this commission cannot do the work of setting fire to government property and giving immunity to those who committed heinous crimes in the name of Jen-Ji. Wherever we see errors, mistakes, we recommend action based on that. It can only be said after investigation whether Jin-ji did it or others did it.
Political parties are beginning to publicly say that action may be taken against political party leaders on the basis of retaliation. Does the commission work on the basis of revenge?
This is an independent judicial inquiry commission. We have been sent with a specific mandate. Our job is to investigate. Whoever is found guilty in the investigation - we will recommend to the government. It is not about the political party, it is not about the party.
Now I am a person who has become a judge myself, I have worked independently until now, why should I work with bias towards parties or individuals? I have delivered verdicts in several corruption cases during my stay in the Special Court. How many ex-ministers, secretaries were convicted but never charged with bias. Why is it necessary to sit in the investigation committee and do that? Like the
court, we also do what we see now. There is no need to discriminate or discriminate against someone for belonging to this party or that party. I don't have any party. If I am impartial, the investigation is also impartial.
As soon as the investigation committee was formed, there was no pressure to arrest those who were in power before?
There is no need to pressure us into this. People are now outraged. It is natural for them to make such demands. However, we will work according to the mandate and the law. As we investigate, we will recommend action to those found guilty. This commission has no jurisdiction to detain and arrest. We will try to do the work according to the responsibility given to us within three months. Since the commission is constituted according to the law, it is also its duty to act accordingly.
