Military justice: Apex court orders review of system
The Supreme Court on Thursday directed the government to form a taskforce comprising legal experts, military officials, members of civil society and human rights defenders to review and recommend changes in the military justice system.
The court said the idea is to make the system compliant with the Interim Constitution and international human rights obligations. Responding to a writ filed by Advocate Bhuwan Niroula, Advocate Prem Chandra Rai and Bhakti Shah on Sept 26, 2008 against the Legislature-Parliament, the Prime Minister’s Office, the Law Ministry, the Defence Ministry and the Army Headquarters, a special bench of Chief Justice Khil Raj Regmi and justice duo Kalyan Shrestha and Krishna Prasad Upadhyaya issued the directive.
The bench also said reform is necessary as the system doesn’t seem to be in accordance with the provisions of the Interim Constitution and international rights treaties.
The writ petitioners had claimed that the military trials—court martials—needed reforms as they were adhoc in nature and that they do not follow the international standards of “separation of power” in their justice delivery.
The petitioners pointed out that in court martials, the same military authority investigates, prosecutes and also adjudicates the cases, which is against international standards for courts.
The petitioners had sought to nullify the provisions of the military justice system that contravene the provisions of the Interim Constitution and international treaties.
The apex court said that since the whole military justice system is to be reviewed, it doesn’t help nullifying only a few provisions as demanded by the petitioners.
The court, therefore, directed the government to set up of a taskforce to reform the Nepal Army laws regarding millitary court operations.
The writ demanded a “fair trial” after the millitary court expelled one Bhakti Shah from the Army for her sexual orientation. Shah, who was a lesbian, knocked moved the apex court, arguing that the millitary court could not ensure a fair trail in her case.
Nepal Army spokesperson Ramindra Chhetri said the decision to review the military justice system is welcome. He, however, added that the recommendations had to come with justifications. Chhetri added that military justice is different from the civilian one.
Posted on: 2011-07-01 08:48
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