Kathmandu – Amnesty International, Human Rights Watch and the International Commission of Jurists (ICJ) have expressed serious concern over recent actions by the Nepal government that threaten the independence of the judiciary.
The organizations believe that the government has increased its political dominance by amending the Constitutional Council Act through an ordinance rather than through parliamentary procedure. They also said that they have received reports of political pressure being used to change the composition of the Supreme Court by forcing sitting judges to resign or impeach them.
The organizations say that the amendments to the Constitutional Council Act will further increase the risk of undue political influence in judicial appointments and undermine international standards on the rule of law.
Speaking about the state of the judiciary, Ian Seiderman, Senior Legal and Policy Director of the ICJ, said, “The independence of the judiciary is a cornerstone of the rule of law and an indispensable safeguard for the protection of human rights.”
He added, “Any reform of Nepal’s judicial system must strengthen, not weaken, the independence, impartiality and integrity of the courts.”
The organizations expressed concern over the appointment of Dr. Manoj Kumar Sharma as the Chief Justice, contrary to the long-standing practice of appointing the most senior judge as the Chief Justice when three senior judges are still in office.
The statement also mentioned that credible reports have been received that three Supreme Court judges, Sapna Pradhan Malla, Kumar Regmi and Hari Phuyal, have been subjected to political pressure to resign and have been threatened with impeachment if they refuse. They said that the use or threat of impeachment without fulfilling the constitutional grounds risks influencing the outcome of pending cases.
