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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