E/CN.4/2006/6/Add.5 page 7 I. LEGAL FRAMEWORK International level 11. Nepal is a party to the major United Nations human rights treaties prohibiting torture and ill-treatment: the International Covenant on Civil and Political Rights, as well as both its Optional Protocols; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the Convention on the Rights of the Child. While it has recognized the competence of the Human Rights Committee to consider complaints by individuals of violations of the Covenant, it has not done the same with the Committee against Torture by making the declaration under article 22 of the Convention. Nepal is also a party to the Geneva Conventions of 12 August 1949. According to the 1991 Nepal Treaty Act, if any domestic law is inconsistent with a convention to which Nepal is a party, the convention prevails. National level Human rights 12. Part 3 of the 1990 Constitution enumerates in articles 11 to 23 a number of fundamental rights including equality before the law, freedoms of opinion, expression, assembly, movement, privacy and religion, and due process of the law. Prohibition of torture and other cruel, inhuman or degrading treatment or punishment 13. The prohibition of torture and other cruel, inhuman or degrading treatment or punishment is defined in article 14 (4) of the Constitution: “No person who is detained during investigation or for trial or for any other reason shall be subjected to physical or mental torture, nor shall be given any cruel, inhuman or degrading treatment. Any person so treated shall be compensated in a manner as determined by law.” Further, section 2 of the 1996 Compensation Relating to Torture Act (CRT) defines torture as “any act which causes torture, whether physical or mental, inflicted upon a person who is in detention for investigation, awaiting trial or for any other reason and this term includes [any] cruel, inhuman or degrading treatment that person is subjected to”. 14. However, neither definition satisfies the requirements of article 1 of the Convention, nor does domestic law make torture a criminal offence in accordance with article 4.1 According to CRT, the victim may file a claim for compensation in the district court within 35 days of having been subjected to torture or from release from detention, and during the proceedings the alleged perpetrator of torture is defended by the Attorney-General (sects. 5 and 10, respectively). Thus, in terms of justice for acts of torture, victims have only the possibility of compensation, and only “departmental actions” (e.g. demotions, suspensions, fines, delayed promotions, etc.) are foreseen for perpetrators (e.g. in the 1955 Police Act; and sect. 7 of CRT).2 Safeguards against torture and ill-treatment during arrest and detention 15. The safeguards for persons during arrest and detention are provided in articles 12 (1), 14 (5) and (6), and 15 (1) of the Constitution, and include: detention only in accordance with the