A/HRC/7/3/Add.2
page 91
whatever the circumstances. On a number of occasions, police have acknowledged using
deadly force against demonstrators on the grounds that the use of such force was justified
in order to enforce a curfew order. This was the case during the Madheshi Andolan and
also in the case of the recent killing by the APF of a Limbuwan activist in October 2007.
During a meeting with the Representative of OHCHR on 23 November, however, the
Inspector General of the APF denied that this was APF policy. No independent
investigations have been carried out into the killings.
462.
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
finally made public in August 2007. It recommended the prosecution of 31 members of
the Nepalese Army, Nepal Police and Armed Police Force, largely in connection with
killings which had occurred in the context of the protests, but no action has been taken to
initiate the prosecutions by the authorities. No-one has been prosecuted for the many
cases of serious beatings which occurred in the context of the protests.
463.
On 21 June 2007, the Home Ministry formed a high level committee on prison
reform. The seven-member committee, including four MPs, two human rights activists
and the Director General of the Prison Management Department (PMD), was to visit 50
prisons and focus on: responses to prisoners’ amnesty demands; a review of existing
laws and regulations on parole for well-behaved detainees; and an assessment of the
need for improvements to the physical infrastructure of prisons.
464.
According to the Government, the present democratic government has the same
opinion that all allegations of torture and ill-treatment will be promptly and thoroughly
investigated. Only qualified personnel will be assigned for investigation according to the
proposed new bill. The States Litigation Act of 1993 clearly stipulates that investigations
of criminal cases have to be carried out with the direct involvement of the District
Attorney. Owing to financial shortages, audio-visual equipment has not been used during
the interrogation. The detainees have the right to consult with a lawyer of their choice.
465.
The National Human Rights Commission, OHCHR and ICRC have been given
unhindered access to the prisons and places of detention with all requisite cooperation on
the part of the government.
466.
Regarding the death of Maina Sunuwar, the body has been exhumed. The
forensic test by experts has been completed and the DNA test is being conducted. The
Government of Nepal is unequivocally committed to promptly investigating the case and
bringing the culprit to justice. It is also committed to investigate cases of torture and take
action against the persons involved in it. On 15 January 2007 the Nepal Army has made
available the copy of the verdict of the General Court Martial to the District Police
Office, Kaver in connection with further investigations of the case by civilian authorities.
In July 2007 the OHCHR office in Nepal was also provided with a copy of the verdict in
response to their request. OHCHR has access to all documents, including the documents
of the court of inquiry, relating to this case. The original file related to this case,
including the original copy of the verdict of the General Court Martial, was submitted to
the Supreme Court of Nepal, in compliance with its order as per the laws of the land. The
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