Situation during visit (See E/CN.4/2006/6/Add.5) information on compulsory medical examinations upon being brought to a detention centre and upon transfer (f) All detained persons be effectively guaranteed the ability to challenge the lawfulness of their detention, e.g. through habeas corpus. Such procedures should function effectively and expeditiously (g) Confessions made by persons in custody without the presence of a lawyer and that are not confirmed before a judge not be admissible as evidence against the persons • The right to habeas corpus was denied by virtue of article 14 (7) of the Constitution to any person arrested or detained under any law providing for preventive detention • Whereas safeguards were contained in preventive detention legislation and the Supreme Court had the right to issue habeas corpus writs with respect to preventive detention, these safeguards were not effective 1974 Evidence Act declares statements made under torture inadmissible; however torture was systematically practiced to extract confessions. Steps taken in previous years (See A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) throughout Nepal. 2007: In June 2007, the Supreme Court issued a groundbreaking ruling in relation to disappearances resulting from the conflict, based on the work of its Task Force set up for a group of petitions of habeas corpus. As of January 2008, the ruling had yet to be implemented. A credible commission of inquiry had yet to be set up. 2006: In 2005 and 2006, 640 and 647 habeas corpus cases, respectively, were lodged with the Supreme Court. Steps taken since December 2007/current situation feature in police registers • The Armed Police Force (APF) does not have clear legal powers to arrest and detain; however, it has become increasingly involved in arrests related to armed groups; it does not operate or maintain official detention facilities or detention registers Non-governmental sources: While the denial of detainees’ rights to habeas corpus is not as serious as during the conflict, concerns remain as to delays in bringing detainees before a court within 24 hours as provided for by the Constitution. • Non-governmental sources: lawyers are often not present when detainees initially make “confessions”, which are frequently extracted through beatings, threats or other forms of pressure. Police openly admit that they rely heavily on confessions for criminal investigations, and that the latter constitute the main A/HRC/10/44/Add.5 page 68 Recommendation (E/CN.4/2006/6/Add.5)