interrogation.
There is no provision made for video
and audio-taping of proceedings in
Nepal.
(h) Judges and prosecutors routinely
ask persons brought from police
custody how they have been treated
and, even in the absence of a formal
complaint from the defendant, order an
independent medical examination
There was a lack of prosecutions
in the face of mounting and
credible allegations of torture and
other acts of ill-treatment by the
police, APF and RNA.
There was a lack of confidence in
the justice system and the rule of
law on the part of victims and
their families.
Non-governmental sources: Most
detainees do not make formal
complaints of torture and other illtreatment when taken before a judge
or prosecutor, mostly for fear of
reprisals. Although some judges
have developed the practice of
asking male detainees to remove
their shirts and questioning them
about their treatment at the hands of
the police, such practice has not
become uniform and in any case is
inadequate to detect whether torture
or other ill-treatment has been
committed, particularly with regard
to methods which do not leave
physical marks, including
psychological torture or illtreatment. Judges do not
systematically test the voluntary
nature of a confession and many
confessions extracted under duress
are still admitted as evidence. This
is exacerbated in cases in which the
victim fears telling the court about
torture or ill-treatment in front of
the police officers involved in whose
custody they remain.
Non-governmental sources: Article
135, 3 (C) of the Interim Constitution
gives powers to the Attorney
General’s Office to investigate
allegations of inhumane treatment of
any person in custody and gives the
necessary directions under the
Constitution to the relevant
authorities to prevent the recurrence
of such a situation.
Prosecutors and judges rarely
question detainees brought before
them about their treatment in police
custody, although it has been
observed that judges and court staff
have been more cooperative with
victims of torture and their lawyers.
In many cases however, detainees do
not appear before a judge directly,
with the judge relying on police
reports.
A/HRC/13/39/Add.6
121
In the context of cases brought under
the Torture Compensation Act,
detainees are increasingly taken for
examination at the time of arrest,
although there are concerns
regarding the quality of these
examinations. Quite commonly
doctors underreport injuries as they
are concerned for their own security
and fear reprisals. Often, junior staff
is assigned the task of conducting
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