E/CN.4/2006/6/Add.5 page 10 main civil administrator of the concerned districts, who also performs his duty as the Chief of the District Security Committee, and is authorized under preventive detention laws to issue detention orders - with almost no inquiry into the merits of the request for detention, or the physical condition of the suspect. National mechanisms to investigate human rights abuses 23. The Special Rapporteur was informed that in 2003 the Government established a Human Rights Promotion Centre in the Prime Minister’s Office to coordinate the human rights-related activities of Government. In 2004, the Government established the High-level Human Rights Protection Committee to facilitate human rights monitoring and investigations by the National Human Rights Commission (NHRC). August 2005 saw a reorganization of governmental coordination mechanisms regarding human rights, with the establishment of three bodies: the Human Rights Protection and Promotion National Coordination Committee, chaired by the Minister for Foreign Affairs; the Human Rights Steering Subcommittee, chaired by the Chief Secretary; and the Human Rights Public Relations Committee, chaired by the Attorney-General. While noting the creation of these, the Special Rapporteur nevertheless expresses concern that the establishment of numerous formal high-level policy mechanisms to monitor human rights in the country may lead to needless overlap and inefficiencies and may distract attention and resources from the pressing need of day-to-day human rights promotion and protection work. 24. In 2002 the RNA, APF and the Nepal Police established human rights monitoring mechanisms, or “human rights cells”, to investigate human rights abuses by security personnel. During the course of the mission, the Special Rapporteur met with the heads of the various human rights cells. He noted the important role they played in responding to communications transmitted by the special procedures of the Commission on Human Rights, and encouraged them to continue to cooperate and improve the quality of their responses. Nevertheless, taking into account the lack of prosecutions in the face of mounting and credible allegations of torture and other acts of ill-treatment by the police, APF and RNA, in the view of the Special Rapporteur, the effectiveness and impartiality of these cells as internal oversight or investigative mechanisms within the security forces remains to be demonstrated. 25. NHRC was established in 2000 pursuant to the 1997 Human Rights Commission Act. It is mandated, among other things, to conduct inquiries and investigations into human rights violations, ex officio or upon a petition; to visit and observe any authority, jail or institution under the Government and provide recommendations on reform of processes and infrastructure; and to review the provisions on safeguards provided by the Constitution and other law in force, and provide recommendations with a view to bringing them into line with international standards. The Special Rapporteur notes that since the dissolution of Parliament in 2002 and in the absence of a Leader of the Opposition, who is required under the Act to participate in the appointment of the commissioners, concerns have been raised in the human rights community about the lack of a transparent and consultative process in the appointment of commissioners. These concerns were bolstered when new commissioners were appointed by the King in May 2005 upon the expiry of the term of the previous mandate-holders, in the aftermath of the state of emergency and during a period when key partners of the Commission, including a commissioner himself, were under serious threat from the Government. Cognizant of the current

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