Background A group of lawyers founded Advocacy Forum (AF) in 2001 to address cases of human rights violations for victims of Nepal’s civil war (1996-2006) 

Activities Many of the cases taken up by the organisation are against high-ranking security personnel and its lawyers routinely face threats and obstructions to their work. PBI has accompanied AF since 2006.

The Peace Accords that ended the civil war between government forces and Maoist rebels were signed on 21 November 2006. Despite positive steps taken in the peace process and in establishing a democracy, none of the perpetrators of human rights violations committed by either side during the conflict have been brought to justice, and a pervasive culture of impunity continues to hinder the transition process.

Even in high-profile cases, institutional bodies often refuse to respect court orders. This is demonstrated in the case of the teenager Maina Sunuwar, who was tortured to death in army custody in 2004.[1]

In January 2008, the Supreme Court issued orders for the four accused to be arrested, but police did not make the arrests. In December 2009, one of the four, Major Niranjan Basnet, was found to be on a UN-Peacekeeping Mission in Chad, despite a September 2009 district court order for his suspension. The UN repatriated Basnet in December 2009 but he remained in the army’s custody, in defiance of the Supreme Court-issued arrest warrant. In July 2010, after an internal investigation, the Nepal Army declared Basnet “innocent”.[2]

Much of Advocacy Forum’s work at regional and national level is in challenging this culture of impunity and its lawyers are vulnerable to harassment, abuse and non-cooperation from both state and non-state actors. It fears that these risks will increase if successes against impunity pave the way for more cases to be heard.

Alliance members can help by:

• Reviewing national justice policy in relation to International norms - adding weight to the arguments and recommendations made by AF.
• Preparing amicus curiae briefs to support AF’s efforts to challenge elements of the justice system that encourage impunity.
• Making public statements, in cases like that of Maina Sunuwar, on how institutional refusal to comply with court orders undermines the rule of law in a country.
• Responding to urgent alerts about lawyers’ security at times of heightened risk, through letter-writing or public statements.
• Facilitating links between AF and international pro bono lawyers.