to, on the basis of complaints or
information received by him by any
means, investigate allegations of
inhuman treatment of any person in
custody, no reports of any
investigations were received.
Non-governmental sources: The
“investigations” by the so-called
Nepal Police Human Rights Cells,
consist of sending a letter detailing
the complaint to the relevant
District Police Office (DPO), asking
it to respond to the allegations. No
reports of suspensions of police
officers pending the outcome of the
investigations were received. The
report of the Rayamajhi
Commission recommended the
prosecution of 31 members of the
Nepalese Army, Nepal Police and
Armed Police Force, largely in
connection with killings which had
occurred in the context of the
protests, but no action has been
taken to initiate prosecutions by the
authorities. No one has been
prosecuted for the many cases of
serious beatings which occurred in
the context of the protests.
Despite repeated requests by OHCHR
to the Government to conduct a
thorough and impartial investigation
into allegations of torture at the
Maharajgunj barracks under the
control of the Nepal Army’s
Bhairabnath Battalion, no proper
investigation has been undertaken.
In December 2008, OHCHR
published a report documenting
torture and ill-treatment in Bardiya
District during the conflict and has
called on the Government to
investigate and take action against
the perpetrators. No investigation has
been initiated, and at least one known
perpetrator continues to serve with
the Nepal Army.
The National Human Rights
Commission of Nepal (NHRC),
mandated to investigate alleged
violations of human rights, rarely
sees its recommendations to the
Government implemented in practice.
In its annual report 2007-2008, the
NHRC cited this inaction on the part
of the Government as one of the
major challenges in its work.
Some NGOs also regularly file
complaints to the Nepal Police
Human Rights Cell and to the
Attorney General’s Department.
However, the Human Rights Cell’s
definition of "investigation" appears
to comprise merely of sending a letter
with details of the complaint to the
A/HRC/13/39/Add.6
123
There have been no independent
investigations into the allegations of
systematic torture and
disappearances in 2003/2004 by the
Bhairabnath Battalion, which were
documented in OHCHR’s May 2006
report. In December 2007, a site
was identified where the body of one
of the disappeared may have been
cremated. A group of Finnish
withhold its cooperation with the
Nepal Police investigation.
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