Measure taken in the recent years a) Highest authorities, particularly those responsible for law enforcement activities, declare unambiguously that the culture of impunity must end and that torture and ill treatment by public officials will not be tolerated and will be prosecuted; Special Rapporteur was repeatedly told by senior police and military officials that torture was acceptable in some situations. In 2007 the Interim Constitution prohibiting torture was adopted. However, torture was not criminalized in domestic laws. b) 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 Torture prohibited in Article 14(4) of Constitution (1990). However, torture was not criminalized in domestic legislation. In 2007 the Inter-ministerial consultations on the draft torture bill were underway. The Interim Constitution of January 2007 Article 26 stipulates: “(1) No person who is detained during investigation or for enquiry or for trial or for any other (see E/CN.4/2006/6/Add.5) (see A/HRC/4/33/Add.2; A/HRC/7/3/Add.2; A/HRC/10/44/Add.5) In August 2008, the “Common Minimum Programme” (CMP) was agreed. The 50-point programme among other commitments - states that the culture of impunity shall end through consolidating law and order. To render the administration and security organs independent and accountable, a Code of Conduct shall be developed for the peoples’ realization of security. On several occasions, the Home Minister has made statements in which he has promised to address the lack of public security and absence of the rule of law, and encouraged the police to restore law and order at the earliest opportunity. On 7 September 2008, he gave 15 instructions to the Inspector General of Police to do so. Information received in the reporting period Non-governmental sources: Officials of the Government of Nepal continue to make pubic commitments that impunity must end. For instance, in his statement to the General Assembly on 26 September 2008, then Prime Minister Pushpa Kamal Dahal "Prachanda" stated that, as a democracy, Nepal is fully committed to protect and promote the human rights of its people under all circumstances with constitutional and legal guarantees and implementation of the international human rights instruments to which Nepal is a party. However, despite these commitments, the climate of impunity remains firmly entrenched, evidenced by actions such as the withdrawal of criminal charges in 349 cases and the lack of progress in police investigations into past human rights violations. Non-governmental sources: The draft bill criminalizing torture which was the subject of consultations in 2007 has yet to be made public, or tabled before the Parliament for approval. The work of the Ministry of Home Affairs and the Ministry of Law A/HRC/13/39/Add.6 114 Situation during visit (see E/CN.4/2006/6/Add.5) Recommendation