CAT/C/NPL/CO/2
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The State party should establish an independent body to investigate acts of torture
and ill-treatment committed by law enforcement personnel. The State party should
provide to the Committee information on the mandate, role, composition and
jurisprudence of the special police courts.
Marginalized and disadvantaged groups or castes
26.
Despite the State party’s acknowledgment that caste discrimination exists in the country
and the creation of the National Dalit Commission, the Committee is gravely concerned about
the continued deeply rooted discriminatory practices committed on a large scale against
marginalized and disadvantaged groups or castes such as the Dalits. The Committee is also
concerned that the long-standing pattern of caste discrimination is being further entrenched by
the current conflict in the country.
The Committee reaffirms that it is the duty of the State party to protect all members
of society, in particular citizens belonging to marginalized and disadvantaged
groups or castes, such as the Dalits. The State party should take specific steps to
safeguard their physical integrity, ensure that accountability mechanisms are in
place guaranteeing that caste is not used as a basis for abuses, unlawful detention
and torture, and take steps to ensure more diverse caste and ethnic representation
in its police and security forces. The State party should include information on
caste discrimination in its next periodic report.
Gender-based violence
27.
The Committee is concerned about continued allegations of gender-based violence and
abuse against women and children in custody, including acts of sexual violence by law
enforcement personnel.
The State party should ensure that procedures are in place to monitor the behaviour
of law enforcement officials, and should promptly and impartially investigate all
allegations of torture and ill-treatment, including sexual violence, with a view to
prosecuting those responsible. The State party should provide to the Committee a
list of cases of gender-based violence and abuse against women and children in
custody that have been investigated and prosecuted, and the perpetrators punished.
Right to complaint
28.
The Committee is concerned about:
(a)
The fact that the burden of proof is on the victims of acts of torture, under rules
provided for in the Compensation Relating to Torture Act of 1996, and that the statute of
limitation for complaining about acts of torture and instituting proceedings for compensation
under TADO is 35 days;
(b)
Alleged reprisals against and intimidation of persons reporting acts of torture, in
the forms of re-arrests and threats, and the lack of witness protection legislation and mechanisms
(art. 13).