CAT/C/NPL/CO/2
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(c)
persons;
The lack of systematic and official records regarding the arrest and detention of
(d)
A provision in the Compensation Relating to Torture Act of 1996 empowering the
concerned officer at places of detention to medically examine a detainee, at the time of arrest and
upon release, in the event a doctor is not available. In particular, the Committee is concerned
about reports that medical examinations at the time of arrest and upon release are not performed
regularly;
(e)
Serious allegations of continued use of incommunicado detention and the lack of
information on the exact numbers of detention places and other detention facilities;
(f)
Allegations of non-compliance with writs of habeas corpus issued by courts;
(g)
The lack of a well-functioning juvenile justice system in the country, with
children often being subjected to the same procedures, laws and violations as adults. In
particular, the Committee is concerned about allegations of children being held under TADO for
prolonged periods.
Therefore, the State party should:
(a)
possible;
Adopt the necessary measures to reduce pretrial detention wherever
(b)
Immediately transfer all detainees to legally designated places of
detention that conform to international minimum standards;
(c)
Take immediate steps to ensure that all arrests and detentions are
systematically documented, in particular of juveniles. The State party should
consider creating a central register for persons deprived of liberty, to be made
accessible to national and international monitors;
(d)
The State party should consider amending the relevant section of the
Compensation Relating to Torture Act of 1996, to ensure that all detainees have
access to a proper medical examination at the time of arrest and upon release;
(e)
Prohibit the use of incommunicado detention. The Committee
recommends that persons held incommunicado should be released, or charged and
tried under due process. The State party should provide to the Committee
information on the exact number and location of detention places and other
detention facilities used by the Royal Nepalese Army, the Armed Police Force and
the Police, and the number of persons deprived of liberty;
(f)
The State party should take measures to ensure compliance by
security forces of all orders of the courts, including habeas corpus;