(i) All allegations of torture and illtreatment be promptly and thoroughly investigated by an independent authority with no connection to that investigating or prosecuting the case against the alleged victim. In the opinion of the Special Rapporteur, the NHRC might be entrusted with this task Situation during visit (See E/CN.4/2006/6/Add.5) No ex-officio investigations Steps taken in previous years (See A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) 2007: No criminal investigations into torture allegations were launched, however, in one case an internal inquiry found four police officers responsible for torture and imposed minor disciplinary sanctions; Investigations were launched in one prominent case of death in custody. The Report of the Rayamajhi Commission set up in 2006 to investigate human rights violations, including excessive use of force during the April 2006 protests, was made public in August 2007. Steps taken since December 2007/current situation • • • • are admitted as evidence; which is exacerbated when the victim is afraid of making allegations of torture or illtreatment to the court in the presence of the police officers in whose custody they remain Non-governmental sources: although article 136 (3) (c) of the Interim Constitution specifies that the Attorney General, on the basis of complaints or information received by him by any means, has the power to investigate allegations of inhuman treatment of any person in custody, no reports of any investigations have been received The “investigations” by the Nepal Police Human Rights Cells consist of sending a letter detailing the complaint to the relevant District Police Office (DPO), asking it to respond to the allegations No reports of suspensions of police officers pending the outcome of the investigations were received The report of the Rayamajhi Commission recommended the prosecution of 31 members of the Nepalese Army, Nepal Police and Armed Police Force, largely in connection with killings which had occurred in the context of the protests, but no action has been taken to initiate prosecutions by the authorities. Nobody A/HRC/10/44/Add.5 page 70 Recommendation (E/CN.4/2006/6/Add.5)