Detainees are very rarely taken for
examination at the time of transfer to
the prison or release, although it can
be crucial to proving that any
physical injuries or mental suffering
were sustained during the time in
custody.
OHCHR has been working with the
Nepal Police, the National Human
Rights Commission and other
partners to develop a programme to
increase the quality of detainee health
examinations and their
documentation.
(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;
No ex-officio investigations.
No criminal investigations into
torture allegations were launched in
2007. However, in one case an
internal inquiry found four police
officers responsible of torture and
imposed minor disciplinary
sanctions. Investigations were
launched in one prominent case of a
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.
Although Article 136 (3) (c) of the
Interim Constitution specifies that
the Attorney General has the power
Non-governmental sources: Despite
repeated commitments to end
impunity and to enforce the rule of
law, no visible steps have been taken
to hold accountable any individual
responsible for serious cases of
torture during the conflict.
The recommendations of the reports
of the Rayamajhi Commission, as well
as other ad hoc commissions formed
by the Government to look into
specific instances of torture or deathin-custody, have neither been made
public or implemented.
In the case of Maina Sunuwar, a 15year-old girl who died in 2004 after
being tortured in custody of the Nepal
Army, the Nepal Army continues to
A/HRC/13/39/Add.6
122
medical check-ups of detainees
brought to the hospital by police. It is
also common for the police to insist
on staying with the detainee, claiming
risk of escape.
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