anti-terrorist measures be carried out with full respect for, inter alia, international human rights law,
including the Convention. The State party should provide to the Committee information on the number
of people still in pretrial detention.
National Human Rights Commission
(15)
While acknowledging the important role of the National Human Rights Commission in the promotion and
protection of human rights in Nepal, the Committee is concerned about the frequent failure by the State party to
implement the Commission’s recommendations.
The State party should take the necessary measures to support the work of the National Human Rights
Commission, ensuring its recommendations are fully implemented.
Independence of the judiciary
(16)
The Committee expresses concern about the marked weakening of the independence and effectiveness of the
judiciary in the State party and the contemptuous non-compliance with court orders by members of security forces,
reportedly including rearrests, including on the premises of the Supreme Court.
The State party should make every effort to guarantee the independence of the judiciary, including
ensuring that security forces comply with court orders. The State party should provide to the
Committee information on the composition, mandate, methods of work and investigations of the Royal
Commission for Corruption Control, including whether it exercises jurisdiction over constitutional
matters in full conformity with the requirements of the Convention and whether its rulings are subject to
judicial review. The State party is requested to provide the same information concerning the Justice
Sector Coordination Committees.
Non-refoulement
(17)
The Committee regrets the absence of domestic legislation in the State party that stipulates the rights of
refugees and asylum-seeking persons, and notes with concern that the State party has not acceded to the 1951
Convention relating to the Status of Refugees and other related international legal instruments. The Committee is also
concerned about allegations received concerning cases of refoulement of Tibetan asylum-seekers, given the absolute
nature of the prohibition against refoulement under article 3 of the Convention (art. 3).
The Committee recommends that the State party consider acceding to the Convention relating to the
Status of Refugees and other related international legal instruments. In addition, the Committee
recommends that the State party enact legislation aimed at prohibiting refoulement of persons without
an appropriate legal procedure. The State party should provide to the Committee information on the
number of cases of extradition, removal, deportation, forced return and expulsion that have occurred
since 1994, as well as information on cases in which deportation was not effected for fear of torture.
Universal jurisdiction
(18)
The Committee regrets the absence of universal jurisdiction in domestic legislation for acts of torture, as well as
the fact that certain provisions of the draft Criminal Code are not in line with articles 5 to 9 of the Convention.
The State party should take the necessary measures to ensure that acts of torture are made subject to
universal jurisdiction under the draft Criminal Code, in accordance with article 5 of the Convention.
The State party should also make every effort to ensure compliance with articles 6 to 9 of the
Convention.
33
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents