Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges. Transitional justice, and criminal justice, should work in a complementary fashion. In this regard, there are a number of cases currently pending in Nepal, for which police investigations, and judicial proceedings, should continue regardless of the fact the establishment of transitional justice mechanisms remains a priority. It is deeply troubling that to date in Nepal no-one has been held accountable for crimes committed during the conflict. Criminal investigations have not moved forward, some perpetrators have even been promoted, and little action has been taken to address and redress the grievance of the victims.

The decade-long Maoist guerrilla insurgency that left more than 13,000 people dead ended [JURIST report] in late 2006 when the Nepalese government signed a peace agreement that established the CA. In November, the CA announced it will finish drafting a new constitution [JURIST report] within 18 months. Last May, the CA voted to abolish the monarchy [JURIST report], giving King Gyanendera 15 days to abandon his royal palace, which cleared the way for Maoists to serve in government. As part of the peace accord, the CA was elected [JURIST report] in April 2008, an organization dominated by members of the Communist Party of Nepal - Maoists (CPN-M) [party website].