A/HRC/7/3/Add.2
page 84
insurgency, cannot be generalized as an outcome of deliberate state policy. Thus, it is not
justified to say that Nepal has a culture of impunity.
420.
The Nepal Army has issued policy directives regarding the promotion and
protection of human rights. Commensurate institutional arrangements have been put into
place to make sustained efforts for the integration of human rights principles and values
in the entire set up of security agencies. A policy of zero-tolerance has been applied visà-vis any violation of human rights and international humanitarian laws. The Human
Rights Cell at the Army Headquarters has been upgraded to a Human Rights Directorate
and each Division and Brigade Headquarters of the Army now contains a Human Rights
Division and a Human Rights Cell respectively as an integral element of its architecture.
Human Rights Cells are being established in Battalions as well as at Company level. A
comprehensive human rights directive has been issued down to the platoon level structure
of the Army with a view to ensure respect of human rights and IHL. Part 1 of this
directive deals with the legitimacy of any counter-insurgency operation and respect for
human rights and IHL and part II contains legal norms and judicial proceedings related to
aberrations.
421.
The amendment last year to the Military Act of 1959 has introduced mandatory
provisions that allegations of rape and murder must be investigated and tried in civilian
courts according to the ordinary criminal procedure laws of the country. Human rights
violations pertaining to cases of torture and disappearances will henceforth be
investigated by civilian authorities headed by the Deputy Attorney General and will be
heard by a special court presided by an Appellate Court Judge.
422.
Regarding the death of an Indian national in policy custody on 16 October 2006
in Janasewa, Kathmandu, the case is under investigation. In the Interim Constitution, the
Office of the Attorney General has been entrusted with the responsibility to investigate
allegations of ill-treatment in custody or complaints that relatives or lawyers are banned
from meeting detained persons.
423.
A commission to investigate widespread use of excessive force by security
forces during the April 2006 protest has completed its task and its recommendations are
in the process of being implemented. The Government has already provided
compensation to those who were injured during the April demonstrations and the
relatives of those who died (see A/HRC/4/33/Add.2, para. 456).
424.
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;
425.
According to non-governmental sources, the Interim Constitution requires the
Government of Nepal to criminalize torture. The Government stated many months ago
that it is drafting such a bill, but no progress has been made. Despite repeated requests,
no details have been made available to OHCHR or non-governmental organisations on
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents