E/CN.4/1994/31 page 86 Nepal Information transmitted to the Government and replies received 404. By letter dated 26 August 1993 the Special Rapporteur advised the Government that he had received information according to which there had been several positive developments in the human rights situation in the country since 1989. These included the promulgation in 1990 of a new Constitution which prohibited torture and provided for compensation for torture victims, as well as the accession of Nepal to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Despite these positive changes, it was reported that torture in police custody was still being used, both as a means to obtain information or confessions or to punish prisoners held for political reasons. In addition to this, no official action had allegedly been taken to ensure independent and impartial investigations or to bring those responsible to justice. The individual cases described in the following paragraphs were transmitted to the Government. 405. Chaitu Lama, a supporter of the Communist Party of Nepal, was arrested on 26 October 1992 in Bhiman village, Sindhuli district, in connection with an incident of murder. He was first reportedly beaten in his home by members of the ruling Nepali Congress Party, who tied him up and dragged him to the police station. Once in police custody, he was allegedly beaten repeatedly for two days after refusing to sign a confession to murder. 406. On 23 November 1993 the Government replied that on 27 October 1992 a fight had broken out between residents of the Bhirman and Hardiya villages, Sindhuli district, during which two persons were killed and others injured. The police had carried out an investigation and filed a case with the District Court, which had ordered the detention of six persons, including Mr. Lama. Subsequently, the Court of Appeal had confirmed the detention of Mr. Lama and released the five others. All of them had been injured during the incident of 27 October. It could not be confirmed that they had been tortured during the period of detention. 407. Tul Bahadur Sarki was arrested by police in the same circumstances as Chaitu Lama. In the police station he was reportedly beaten with sticks on the arms, calves and soles of the feet, including while suspended upside down. He was also said to have been threatened with death when he refused to sign a statement saying that he had witnessed Chaitu Lama and another person committing murder. 408. Purna Bahadur Bishwokarma, aged 61, was arrested on 1 November 1992 in Thalajung village, Gorkha district, on suspicion of theft and taken to Gorkha District Police Office (DPO), where he was said to have been beaten regularly with sticks and with sisnu (a plant which causes painful swellings on the skin). When he was released, on 19 November, he was unable to work and died a few days later.

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