E/CN.4/2006/6/Add.5
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Office could only be described as inhuman. Among other things, the cells were filthy,
overcrowded - sometimes 12 persons in a cell approximately 3 m x 4 m - poorly ventilated, with
no provision for any leisure activities. The detention of several 14-year-old boys among the
adults was seriously disturbing to the Special Rapporteur.
29.
On the other hand, the Special Rapporteur observed that the conditions in the main
prisons for both the male and female wings, such as in the Central Jail in Kathmandu, and in
Nepalgunj were relatively satisfactory. Despite the cramped, overcrowded conditions, especially
with respect to sleeping quarters, the prisoners had opportunities for leisure activities, including
sports, access to a library, work, and the use of cooking facilities, among other things.
Moreover, the prisoners had no significant complaints about the treatment within these prisons,
nor fear of reprisals for speaking about their experiences.
30.
The places of detention of suspects at army barracks were unacceptable. For example, at
the RNA Chhauni barracks detainees are kept in a converted garage with inadequate ventilation
and lighting, and at the Midwestern Division Headquarters (Pritna), detainees are held in
steel-plated boxes in a grassy compound surrounded by razor wire. The Special Rapporteur has
received allegations that people are kept for long periods of time in army barracks without proper
detention facilities.
IV. CONCLUSIONS AND RECOMMENDATIONS
31.
The Special Rapporteur concludes that torture is systematically practised by the
police, armed police and Royal Nepalese Army. Legal safeguards are routinely ignored
and effectively meaningless. Impunity for acts of torture is the rule, and consequently
victims of torture and their families are left without recourse to adequate justice,
compensation and rehabilitation.
32.
By letter dated 27 December 2005, the Government of Nepal objected to these
conclusions. It stated that the Government does not tolerate, condone or permit torture;
that opinions expressed by some security officials cannot be considered State policy; that it
does not allow impunity; that allegations are investigated with all the seriousness that they
deserve; and stern action is taken against offenders. In this regard, the Special Rapporteur
expresses the sincere hope that security officials who practise, order or condone torture
(e.g. the chief and deputy superintendents of Hanuman Dhoka District Police Office, and
the commanding officer of the RNA Kohalpur barracks) are held accountable. The Special
Rapporteur welcomes the stated commitment of the Government that measures to address
torture and impunity will be pursued in a continuous and sustained manner. To this end,
he notes that the Government is in the process of drafting legislation regarding the
criminalization of torture. He welcomes, as a follow-up to his visit, that the Ministry of
Home Affairs has issued a seven-point directive to the Nepal Police and APF concerning
the prevention of torture. The Special Rapporteur further welcomes the commitment of
the Government to engage with the United Nations to further advance the cause of
human rights in the country and, in particular, to consider the recommendations of the
Special Rapporteur to consolidate its efforts to prohibit torture.
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