2008
DOI: 10.1093/chinesejil/jmn015
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Against Enforced Disappearance: the Political Detainees' Case before the Nepal Supreme Court

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“…The verdict has broken the long tradition of a conservative and passive approach to justice and is likely to have a long-lasting effect on the country's political governance, both from the municipal as well as international law perspectives. 66 The efficacy of court interventions in matters relating to missing persons is often questioned, especially in situations where the military is in power. It is alleged that courts are generally unable to trace the whereabouts of disappeared persons since they lack the authority to search places of detention controlled by the military.…”
Section: International Remediesmentioning
confidence: 99%
“…The verdict has broken the long tradition of a conservative and passive approach to justice and is likely to have a long-lasting effect on the country's political governance, both from the municipal as well as international law perspectives. 66 The efficacy of court interventions in matters relating to missing persons is often questioned, especially in situations where the military is in power. It is alleged that courts are generally unable to trace the whereabouts of disappeared persons since they lack the authority to search places of detention controlled by the military.…”
Section: International Remediesmentioning
confidence: 99%