Situation during visit
(See E/CN.4/2006/6/Add.5)
the control of their
interrogators or
investigators for more
than the time required
by law to obtain a
judicial warrant of
pretrial detention, which
should not exceed 48
hours. After this period
they should be
transferred to a pretrial
facility under a different
authority, where no
further unsupervised
contact with the
interrogators or
investigators should be
permitted
(e) Maintenance of
custody registers be
scrupulously ensured,
including recording of
the time and place of
arrest, the identity of the
personnel, the actual
place of detention, the
state of health upon
arrival of the person at
the detention centre, the
time family and a lawyer
were contacted and
visited the detainee, and
(TADO) and the 1989 Public
Security Act (PSA)) effectively
provided the police and the
military with sweeping powers
to detain suspects for preventive
reasons, in some cases for up to
12 months; (Section 15 (2) of
the State Cases Act requires that
arrested persons be produced
before the “appropriate
authority” within 24 hours, and
prohibits any person from being
held for a longer period without
orders of such authority.)
Detainee registers were poorly
kept, if at all.
Steps taken in previous years
(See A/HRC/4/33/Add.2 and
A/HRC/7/3/Add.2)
hours of arrest. However, there are
some significant gaps in constitutional
protection, e.g. with regard to the rights
of non-citizens, to liberty and security
and provisions permitting derogation
from rights during a state of emergency.
2006: The Terrorist and Disruptive
Activities (Control and Punishment)
Ordinance (TADO) - under which
many detainees were held without
charge or trial under the previous
Government - expired at the end of
October 2006 and has not been
renewed.
2006: In March 2006, the then Office of
the Prime Minister and the Council of
Ministers opened the Human Rights
Central Registry, whose functions
included, inter alia, maintaining a list of
persons detained throughout the
country. National Army, Home Office,
Armed Police Force (APF) and Nepal
Police (NP) staff had been assigned to
the office and were starting to develop a
detention database, but by the end of
2006, no data had been entered for the
over 7,000 detainees and prisoners
officially recognized as being held
Steps taken since December 2007/current
situation
not to be provided with arrest/detention
warrants and to be held in police custody for
extended periods of time, up to several
weeks.
•
Non-governmental sources: Detention
registers are not systematically updated;
the police use two registers: one lists the
name of detainees before, and the other
after remand; neither lawyers nor the
public have access to registers; as the
police are legally entitled to detain a
person for 24 hours, they often do not
register the names of arrested/detained
persons immediately and if someone is
released without charge after a short
period of detention (which could exceed
24 hours), their names often do not
A/HRC/10/44/Add.5
page 67
Recommendation
(E/CN.4/2006/6/Add.5)
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