A/HRC/4/33/Add.2 Page 81 438. According to information received from NGOs and other sources, given that many of the detainees who have been interviewed in custody have requested that their cases not be raised with the authorities because of fear of reprisals, it would appear unlikely, even if asked, that detainees would necessarily inform the judicial authorities of how they were treated in custody. 439. Recommendation (i) stated: All allegations of torture and ill- treatment 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, NHRC might be entrusted with this task; 440. Recommendation (j) stated: Any public official indicted for abuse or torture, including prosecutors and judges implicated in colluding in torture or ignoring evidence, be immediately suspended from duty pending trial, and prosecuted; 441. According to information received from NGOs and other sources, in spite of statements by the authorities that torture and ill-treatment is not tolerated, the culture of impunity continues both for new cases of torture and ill-treatment in police custody and also for the systematic torture and ill-treatment of CPN-M suspects by security forces prior to the ceasefire. 442. For the most part, there have been no independent criminal investigations into allegations of torture. As torture is not a criminal offence in Nepal, no First Information Reports (FIRs) have been filed for police and criminal investigation for such an offence. Other existing provisions could be used for such cases (such as assault), but this has not been done except in cases of rape or where torture was linked to a death in custody as indicated below. 443. Cases have been presented to the courts under the Torture Compensation Act for compensation and not for prosecution of those responsible (see below). In several cases monitored by organizations this year, police have pressured those who tried to pursue complaints to drop them or to accept an out of court settlement. 444. Since the ceasefire, there have been attempts by NGOs or families of victims to file FIRs with police in the case of human rights violations. However, police are often reluctant to register them according to correct procedures and to launch investigations, stating that they need instructions from Kathmandu. For example, police were reluctant to file an FIR in September 2006 for the alleged arrest, rape, mutilation and murder of a CPN-M cadre by the NA soldiers in Udayapar District in April 2005. 445. In an exceptional case (i.e. in which NA has recognized the jurisdiction of a civilian court to try a military person for an act of torture during a security force operation), one police officer and two NA officers accused of raping a 16-year-old girl in November 2004 in Sunsari District are being held in pre-trial detention. Another army personnel suspected of involvement in the rape is still at large despite the issuance of a warrant for his arrest. Court investigations have progressed but some hearings of witnesses due in August 2006 were delayed because of the transfer of judges and the pending arrival of replacement judges. 446. In another exceptional case, that of a death in the custody of Chitwan National Park wardens in June 2006, two warden officials were arrested and are currently detained in Nawalparasi Prison on charges of homicide after an FIR was filed. The victim had reportedly been tortured prior to his death. In two other deaths in the custody of Chitwan National Park