The 1996 Compensation
Relating to Torture Act is not in
line with the Convention’s
requirements for effective
remedies.
relevant District Police Office and to
ask that DPO to respond to the
allegations, without actually visiting
the detainees and interviewing them
privately. Moreover, no police officer
has been suspended pending the
outcome of Human Rights Cell
investigations.
In the period from 1996 to 2007,
Nepalese police has taken
departmental action against 21
police personnel in 11 cases for
alleged torture, out of which 6 cases
led to prosecutions.
Non-governmental sources: OHCHR
has called upon the Government to
suspend military personnel alleged to
have been involved in conflict-related
human rights violations, including
torture, pending investigation.
Instead, the Nepal Army has
continued to promote or extend the
terms of personnel against whom
there are credible allegations. This
includes personnel alleged to have
been involved directly or by virtue of
command responsibility in the
violations documented in OHCHR’s
public reports on disappearances,
torture and ill-treatment at the Nepal
Army’s Maharajgunj Barracks
(report published in May 2006) and
in Bardiya District (report published
in December 2008).
Non-governmental sources:
Torture suspects are not prosecuted
or punished. In a few cases, police
have been suspended briefly pending
an internal inquiry. Impunity for
current and past crimes continues.
Not a single member of the security
forces or the CPN-M has been held
criminally accountable or convicted
for acts of torture, other illtreatment or other human rights
abuses committed during the
conflict. Instead, attempts to grant
amnesties for severe human rights
violations continue despite the
Government’s plan to set up the
TRC and the Disappearances
Commission.
In October 2008, the CPN-M-led
Government recommended the
withdrawal of 349 criminal cases
(investigations, charges and
convictions) of a so-called “political
nature”. They included cases of gross
human rights abuses (murder,
attempted murder and rape), the
majority from the conflict period.
Most cases were against CPN-M
A/HRC/13/39/Add.6
124
(j) 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
forensic experts visited the country
in January 2008 and assisted local
experts in the exhumation of some of
the remains.
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