Situation during visit (See E/CN.4/2006/6/Add.5) the control of their interrogators or investigators for more than the time required by law to obtain a judicial warrant of pretrial detention, which should not exceed 48 hours. After this period they should be transferred to a pretrial facility under a different authority, where no further unsupervised contact with the interrogators or investigators should be permitted (e) Maintenance of custody registers be scrupulously ensured, including recording of the time and place of arrest, the identity of the personnel, the actual place of detention, the state of health upon arrival of the person at the detention centre, the time family and a lawyer were contacted and visited the detainee, and (TADO) and the 1989 Public Security Act (PSA)) effectively provided the police and the military with sweeping powers to detain suspects for preventive reasons, in some cases for up to 12 months; (Section 15 (2) of the State Cases Act requires that arrested persons be produced before the “appropriate authority” within 24 hours, and prohibits any person from being held for a longer period without orders of such authority.) Detainee registers were poorly kept, if at all. Steps taken in previous years (See A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) hours of arrest. However, there are some significant gaps in constitutional protection, e.g. with regard to the rights of non-citizens, to liberty and security and provisions permitting derogation from rights during a state of emergency. 2006: The Terrorist and Disruptive Activities (Control and Punishment) Ordinance (TADO) - under which many detainees were held without charge or trial under the previous Government - expired at the end of October 2006 and has not been renewed. 2006: In March 2006, the then Office of the Prime Minister and the Council of Ministers opened the Human Rights Central Registry, whose functions included, inter alia, maintaining a list of persons detained throughout the country. National Army, Home Office, Armed Police Force (APF) and Nepal Police (NP) staff had been assigned to the office and were starting to develop a detention database, but by the end of 2006, no data had been entered for the over 7,000 detainees and prisoners officially recognized as being held Steps taken since December 2007/current situation not to be provided with arrest/detention warrants and to be held in police custody for extended periods of time, up to several weeks. • Non-governmental sources: Detention registers are not systematically updated; the police use two registers: one lists the name of detainees before, and the other after remand; neither lawyers nor the public have access to registers; as the police are legally entitled to detain a person for 24 hours, they often do not register the names of arrested/detained persons immediately and if someone is released without charge after a short period of detention (which could exceed 24 hours), their names often do not A/HRC/10/44/Add.5 page 67 Recommendation (E/CN.4/2006/6/Add.5)

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents