The Erosion of the Rule of Law

The Risk of Systematic Abuse The ICJ expresses deep concern that the ongoing political impasse in Nepal is not merely a crisis of governance but a catalyst for widespread human rights violations. When civilian oversight of the military and police weakens, the state often resorts to "systematic" arbitrary detentions. Historically, in Nepal, this has meant detainees being held in secret army barracks without access to legal counsel, medical care, or their families.

The Explosion of Violations The report identifies a rapid rise in unlawful killings and enforced disappearances whenever political instability peaks. It notes that torture remains a widespread and systematic practice within the security sector. The ICJ argues that the government’s failure to investigate and prosecute these crimes in transparent civilian courts—rather than military ones—has entrenched a culture of impunity that emboldens perpetrators.

Suppression of Civil Society As political turmoil increases, the space for dissent rapidly shrinks:

Media Censorship: Independent press outlets face severe restrictions or outright shutdowns.

Targeting of Activists: Political leaders and human rights defenders are often arrested or forced into hiding, preventing any independent monitoring of state actions.

Military Empowerment: The Royal Nepalese Army (and subsequent security structures) often gain unaccountable power during these periods, operating outside the constraints of the Constitution.

The Path Forward The ICJ calls on the international community to remain robust in its reaction to any unconstitutional seizures of power. It emphasizes that stability cannot be achieved through the assault on democratic institutions. For lasting peace, the ICJ demands that Nepal:

End Impunity: Proactively investigate past and present violations.

Respect Judicial Independence: Ensure that the courts can function without political or military interference.

Protect Rights: Adhere to international obligations under the ICCPR and other human rights treaties, even during times of crisis.