A/HRC/4/33/Add.2 Page 84 taken to the hospital, that the employees of the medical profession were involved in torture and ill-treatment could not be proved. 454. The report concludes that: in the absence of any clear evidence to support the claims made in the report published by the Office of OHCHR in -Nepal, (that Task Force) recommends that the state should put on hold the issues of this kind and once the complete peace is restored in the country in the future, it can then establish a Truth Commission and sit together with all concerned parties and decide on the rights and wrongs. 455. While three of the 49 individuals are no longer disappeared, the whereabouts of fortysix individuals, remain unclarified. The attempts by NA to provide misleading information on some of these (and also other) disappearance cases only reconfirms the belief that an independent investigation must be carried out into these allegations. 456. Organizations have documented (and at times witnessed) widespread use of excessive force by security forces during the April 2006 protests, including severe beatings which resulted in particular in many head injuries, as well as at least one death. There were seventeen other deaths related to the protests, mainly linked to inappropriate use of teargas and firearms. 457. Recommendation (k) stated: Victims of torture and ill -treatment receive substantial compensation proportionate to the gravity of the physical and mental harm suffered, and adequate medical treatment and rehabilitation; 458. According to information received from NGOs and other sources, under the Torture Compensation Act, courts may order compensation of up to 100,000 Rps to victims of torture. Notwithstanding the absence of a comprehensive survey of cases under the Torture Compensation Act, it appears that compensation awarded by the courts is often not paid out or paid out only after prolonged delays. For example, on 6 November 2006, the Kathmandu District Administration Office paid compensation to the family members of Ganesh Rai, who died in October 1998 as a result of torture inflicted by the police at the Singha Durbar Police Office in Kathmandu. In November 1998, Rai’s relatives, with the assistance of an NGO, had filed a case before the Kathmandu District Court pursuant to the Torture Compensation Act. On 11 September 2003, the District Court ordered compensation of 100,000 Rps to Rai’s family. The compensation was thus not paid until more than three years after the District Court’s order. 459. Under the Human Rights Commissions Act, the National Human Rights Commission has the authority to register cases for financial compensation and present them to the Government with recommendations. Two hundred and twenty eight cases have reportedly been registered since 2001. Only two have resulted in the payment of compensation so far. 460. No state system of medical treatment and rehabilitation exists. A small number of NGOs provide some support structures. 461. One of the provisions of CPA establishes “the right of conflict and torture victims and families of those who have been disappeared to obtain relief”, though it does not indicate the mechanism by which this will be achieved.

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