reason shall be subjected to physical
or mental torture, nor any cruel,
inhuman or degrading treatment. (2)
Actions pursuant to clause (1) shall
be punishable by law and any person
so treated shall be compensated in
accordance with the decision
determined by law.”
Army Act 2006 (amendment of
Military Act 1959) Section 62
criminalizes torture and provides for
investigations by civilian
authorities, headed by the Deputy
Attorney General. A special court
presided by an Appellate Court
Judge competent for such crimes.
However the law does not contain a
definition of torture.
Non-governmental sources: Article
26(1) of the Interim Constitution of
January 2007 requires the
Government to criminalize torture,
although the provision has not been
included in the legislation. The
Government has repeatedly stated
that it is drafting a bill, but no
progress has been reported. Despite
repeated requests, no details of the
draft have been made available to
the public.
A draft bill which would set the
framework for the establishment of a
truth and reconciliation commission
defines mental and physical torture as
a serious human rights violation, and
has a provision prohibiting amnesty
for acts of torture or degrading
treatment. The bill has been the
subject of public consultations
conducted by the Ministry of Peace
and Reconstruction (with the support
of OHCHR), but has yet to be
presented before Parliament.
Despite revisions to the Army Act in
2006, there has yet to be a successful
criminal prosecution of Nepal Army
personnel involved in conflict-related
torture. The Nepal Army continues to
maintain that the previous Army Act,
in effect during the conflict, prevents
them from cooperating fully with
police investigations into allegations
of torture by its personnel during the
conflict.
The only legislation to redress torture
survivors is the ‘Torture
Compensation Act 1996’ of Nepal,
which deals only with the
compensation of torture. It does not
allow for criminal prosecution of the
perpetrators involved in torture and
A/HRC/13/39/Add.6
115
The CMP provides for the
appointment of a high-level security
committee to develop a national
security policy and, based on the
agreement of 23 December 2007
signed with the seven party alliance
(SPA), the creation of a National
Peace and Rehabilitation
and Justice related to the preparation
of the torture bill has not been
transparent, which has caused
frustration for national and
international organizations interested
in supporting the criminalization
process.
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