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right to inform a relative, and the right of access to a lawyer and a doctor of one’s
choice. The State party should ensure that any measure taken to combat terrorism
is in accordance with Security Council resolutions 1373 (2001) and 1566 (2004),
which require that anti-terrorist measures be carried out with full respect for,
inter alia, international human rights law, including the Convention. The State
party should provide to the Committee information on the number of people still in
pretrial detention.
National Human Rights Commission
15.
While acknowledging the important role of the National Human Rights Commission in
the promotion and protection of human rights in Nepal, the Committee is concerned about the
frequent failure by the State party to implement the Commission’s recommendations.
The State party should take the necessary measures to support the work of the
National Human Rights Commission, ensuring its recommendations are fully
implemented.
Independence of the judiciary
16.
The Committee expresses concern about the marked weakening of the independence and
effectiveness of the judiciary in the State party and the contemptuous non-compliance with court
orders by members of security forces, reportedly including re-arrests, including on the premises
of the Supreme Court.
The State party should make every effort to guarantee the independence of the
judiciary, including ensuring that security forces comply with court orders. The
State party should provide to the Committee information on the composition,
mandate, methods of work and investigations of the Royal Commission for
Corruption Control, including whether it exercises jurisdiction over constitutional
matters in full conformity with the requirements of the Convention and whether its
rulings are subject to judicial review. The State party is requested to provide the
same information concerning the Justice Sector Coordination Committees.
Non-refoulement
17.
The Committee regrets the absence of domestic legislation in the State party that
stipulates the rights of refugees and asylum-seeking persons, and notes with concern that the
State party has not acceded to the 1951 Convention relating to the Status of Refugees and other
related international legal instruments. The Committee is also concerned about allegations
received concerning cases of refoulement of Tibetan asylum-seekers, given the absolute nature
of the prohibition against refoulement under article 3 of the Convention (art. 3).
The Committee recommends that the State party consider acceding to the
Convention relating to the Status of Refugees and other related international legal
instruments. In addition, the Committee recommends that the State party enact