E/CN.4/2006/6/Add.5 page 5 Introduction 1. The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, undertook a visit to Nepal from 10 to 16 September 2005, at the invitation of the Government. During the course of the visit, he examined the legal framework and governmental activities relating to the prohibition of torture and other forms of ill-treatment. He also examined the response of the Government to allegations of violations, particularly in relation to inquiry, impunity and prevention. The Special Rapporteur has based his findings on the situation of torture and ill-treatment in Nepal on written information from and interviews with a wide array of sources, including government officials, non-governmental organizations (NGOs), lawyers, victims themselves and witnesses, as well as from on-site inspections of detention facilities. He expresses his appreciation to the Government for providing comments to the report by letter dated 27 December 2005. What follows is the report of his findings, and his conclusions and recommendations. 2. The main purposes of the visit, according to the Special Rapporteur, were to assess the prevailing situation of torture and other cruel, inhuman or degrading treatment or punishment, to promote preventive mechanisms to eradicate torture and ill-treatment, and to begin a process of cooperation with the Government. 3. The Special Rapporteur notes that Nepal continues to suffer from a decade-long internal armed conflict which was launched by the Communist Party of Nepal (CPN) (Maoist) in February 1996. The conflict has cost an estimated 12,000 lives. Initially, security operations were conducted by the Nepal Police, which was subsequently supported by the establishment of the Armed Police Force (APF). In November 2001 the Royal Nepalese Army (RNA) was mobilized to combat the growing insurgency, and in November 2002 the Nepal Police and APF were placed under the “unified command” of RNA for joint counter-insurgency operations. In 2001 and in 2003 ceasefires were declared and peace talks initiated between the Government and CPN (Maoist), with the last such negotiations breaking down in 2003. In May 2002 the Parliament was dissolved on the recommendation of the Government. In October, King Gyanendra Bir Bikram Shah Dev dismissed the Prime Minister, and from then to February 2005 three successive appointed Prime Ministers either resigned or were dismissed by the King in the absence of a sitting Parliament. On 1 February 2005 King Gyanendra dismissed the Government, citing the failure to hold elections and end the conflict, declared a state of emergency, and suspended some fundamental rights (e.g. freedom of assembly and expression, and rights related to preventive detention). Although the state of emergency ended on 30 April 2005, the King continues to exercise direct rule over the country. It has been announced that municipal elections are being held on 8 February 2006 and parliamentary elections are to be held by April 2007. Expressing sincere hopes for a durable solution to the conflict in the very near future, the Special Rapporteur acknowledged the difficult and dangerous situation prevailing in the country, particularly outside of Kathmandu. He recognized the obligation of the Government to ensure the security of the country’s inhabitants and to prevent future violent attacks. However, he emphasized that measures taken must respect international human rights norms, in particular the absolute prohibition of torture, as contained in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Nepal has ratified.