A/HRC/4/33/Add.2 Page 77 7.1.4. Both parties shall not be involved in acts of torture, kidnapping and forcing civilians to perform any work and shall take necessary action to discourage such acts. 7.3. Right to Individual Dignity, Freedom and Mobility 7.3.1. Both parties respect and protect the right to individual dignity. In this connection, no person including those deprived of enjoying freedom as per the law shall be subjected to torture or any other cruel, inhuman or degrading treatment or punishment… 7.3.2. Both parties shall fully respect the individual's right to freedom and security and shall not keep anyone under arbitrary or illegal detention, shall not kidnap or take hostages. Both parties agree to make public the status of every individual disappeared and held captive and to inform their family members, legal counsellors and other authorised individuals about this. 414. On the question of impunity, in a somewhat weakly-worded and unclear provision of CPA, both parties “express their commitment that impartial investigation and action as per the law shall be taken against those people responsible for creating obstructions to the exercise of the rights envisaged in the Letter of Agreement, and both parties guarantee not to encourage impunity.” 415. CPA requires the establishment of a Truth and Reconciliation Commission “through mutual consensus in order to uncover the truth about those violating human rights and those involved in crimes against humanity in the course of the armed conflict and to build an atmosphere for reconciliation in society.” 416. At the same time, CPA states that “both parties guarantee that they will withdraw accusations, claims, complaints and subjudice cases levelled against various individuals due to political reasons and immediately release those who are in detention by immediately making their status public.” Concern is expressed that this clause must not be interpreted as meaning that complaints of torture, killings and other serious human rights abuses currently filed before police or the courts should be closed. CPA, while focusing on truth and reconciliation, does not address the question of justice for victims of past human rights violations and abuses, including torture. 417. Recommendation (b) stated: The crime of torture is defined as a matter of priority in accordance with article 1 of the Convention against Torture, with penalties commensurate with the gravity of torture; 418. According to information received from NGOs and other sources, although the previous government was reportedly preparing a draft law on torture, it was never promulgated, and there is no public information available on any steps being taken by the current government to draft or promulgate a law on torture. 419. The existing Constitution prohibits any person in detention from being subjected to physical or mental torture, or to any cruel, inhuman or degrading punishment. It also provides that any person subjected to such treatment be compensated. The draft Interim Constitution prepared by the Interim Constitution Drafting Committee (ICDC) and signed by the two parts on

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