A/HRC/7/3/Add.2
page 83
415.
More than eighteen months after the ceasefire, there are almost no signs of any
political will to address accountability for serious human rights violations and abuses
committed either during or after the conflict. Not one member of the security forces or of
the CPN-M has been held criminally accountable and convicted for killings,
disappearances, torture or other abuses by the civilian courts. No steps have been taken
to reform the security forces, a significant element of which should be the putting in place
of strong measures to end impunity, including strengthening internal and external
oversight mechanisms, as well as removing those involved in serious human rights
violations.
416.
The legal framework concerning prosecution of serious human rights violations
remains inadequate. Of particular concern is that serious human rights violations which
should be subject to prosecution, are still not criminalised in Nepalese law. No laws
have been passed to criminalise torture or enforced disappearances, for instance, though
a bill on disappearances was being drafted by the Home Ministry in December. In 2007,
the Supreme Court also issued several orders directing the Government to enact rightsrelated legislation, including on disappearances and torture. An amendment to the Civil
Code was nevertheless adopted in December 2007 to criminalise abductions and
hostage-taking.
417.
OHCHR, civil society and others raised serious concerns about a July bill to set
up a Truth and Reconciliation Commission (TRC) which would have amnestied those
responsible for certain types of serious human rights violations which occurred during
the conflict, which would have resulted in the setting up a TRC without the broad
consultations necessary prior to setting up such a commission, and would have severely
limited future prosecutions for such abuses. A revised draft of the bill was submitted to
the Cabinet in early January 2008 which still included certain amnesty provisions which
are contrary to international human rights standards. “Cruel and inhuman torture” is
excluded from amnesty, but it is not clear how this would be defined.
418.
In its written response to OHCHR’s December 2007 report, Human Rights in
Nepal one year after the CPA (Comprehensive Peace Agreement), the Government of
Nepal, while stating its commitment to ending impunity, described OHCHR’s findings
with regard to continuing torture, ill-treatment and excessive use of force as “baseless”.
419.
The Government of Nepal responded that it is fully committed to the rule of law
and human rights and is working hard to institutionalize a strong protection and
promotion regime of human rights in the country, in particular targeting the problem of
any form of torture and ill-treatment. The faith in and the commitment to the rule of law
and human rights have been emphasized in the Interim Constitution of Nepal, 2007. In
addition, the historical Peace Agreement signed between the Government of Nepal and
the Communist Party of Nepal (Maoist) on 21 November 2006 also expresses
commitment to the protection and promotion of human rights. There may have been rare
reports of cases of torture and ill-treatment in the past. However they never were found to
be systematic. The Government does not condone the practice of torture under any
circumstance and strongly denies any allegation that there is systematic practice of
torture. It also fights impunity. Any isolated incidence, if any, during the time of armed
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