(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;
(g)
The State party should take the necessary steps to protect juveniles from breaches of the
Convention, and ensure proper functioning of a juvenile justice system in compliance with international
standards, differentiating treatment according to age.
Systematic review of all places of detention
(22)
The Committee is concerned about the lack of an effective systematic review of all places of detention,
including regular and unannounced visits to such places by national and international monitors.
The State party should consider setting up a national system to review all places of detention, and react
to findings of the systematic review.
(23)
The Committee is also concerned that in a number of instances, national and international monitors were not
granted either access to places of detention or sufficient cooperation in their fact-finding visits. The Committee is
further concerned about the adoption of the new Code of Conduct for Non-Governmental Organizations, which will,
inter alia, severely limit the monitoring capacity of NGOs.
The Committee recommends that the State party consider amending the Code of Conduct for
Non-Governmental Organizations so that it is in line with international human rights standards on the
protection of human rights defenders. The State party should ensure that national and international
monitors are granted permission to carry out regular, independent, unannounced and unrestricted visits
to all places of detention. The State party should facilitate visits by, for example, the International
Committee of the Red Cross, OHCHR, the National Human Rights Commission, and national and
international NGOs.
Impunity
(24)
The Committee is concerned about the prevailing climate of impunity for acts of torture and ill-treatment and
the continued allegations of arrests without warrants, extrajudicial killings, deaths in custody and disappearances
(art. 12).
The State party should send a clear and unambiguous message condemning torture and ill-treatment to
all persons and groups under its jurisdiction. The State party should take effective legislative,
administrative and judicial measures to ensure that all allegations of arrest without warrants,
extrajudicial killings, deaths in custody and disappearances are promptly investigated, prosecuted and
the perpetrators punished. In connection with prima facie cases of torture, the accused should be subject
to suspension or reassignment during the investigation.
35
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