A/HRC/4/33/Add.2
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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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