(1) Notwithstanding anything written in Section 25, if during the investigation according to this Act, it is found suitable to grant amnesty to a victim based on the criteria and conditions mentioned in Sub-Section (4), (5) and (6), the Commission shall make a sufficient basis to recommend it to the Government of Nepal. Will be able to.
(2) Notwithstanding anything written in sub-section (1), the commission cannot recommend for pardon the perpetrators involved in rape and other crimes of a serious nature for which sufficient grounds and reasons have not been found to grant amnesty from the investigation of the commission. (3) Before the Commission makes a recommendation in accordance with sub-section (1), the victim must have completed the following process and submitted an application to the Commission for clemency-
(a) Submitted an application in writing within the period specified by the Commission (b) Before making the application, he has mentioned in the application that he has fully disclosed the true facts and details of his actions during the armed conflict to the Commission and recorded them in the Commission,
(c) completed other procedures as prescribed by the Commission.
(4) In the application given under sub-section (3), it should be mentioned that the victim has made the following commitment:-
(a) admitted that he had committed serious violations of human rights during the armed conflict,
(b) Admitting that he is sorry for such act and agreeing to apologize to the victim in a reasonable manner before the Commission,
(c) promised not to do any such act in the future.
(5) If there is an application for clemency according to sub-section (3), the commission shall decide to recommend clemency after considering the consent and disagreement of the victim and the seriousness of the incident in relation to clemency.
(6) If a perpetrator is found to be involved in more than one crime related to serious violation of human rights through investigation and such perpetrator can be pardoned only for one crime according to this section, the commission may recommend pardon to the perpetrator only for that crime.
(7) To recommend clemency under this sectionBefore this, the Commission may order the victim to provide reasonable compensation for the damage caused to the victim.
(8) If a person recommended for clemency by the Commission is granted clemency by the Government of Nepal in accordance with sub-section (1), the name of such person shall be published in the Nepal Gazette.
(9) If the person recommended for clemency as per sub-section (1) does not receive clemency from the Government of Nepal, the procedure as per clause (b) of sub-section (2) of section 28 shall be followed to prosecute such person.