A/HRC/7/3/Add.2 page 84 insurgency, cannot be generalized as an outcome of deliberate state policy. Thus, it is not justified to say that Nepal has a culture of impunity. 420. The Nepal Army has issued policy directives regarding the promotion and protection of human rights. Commensurate institutional arrangements have been put into place to make sustained efforts for the integration of human rights principles and values in the entire set up of security agencies. A policy of zero-tolerance has been applied visà-vis any violation of human rights and international humanitarian laws. The Human Rights Cell at the Army Headquarters has been upgraded to a Human Rights Directorate and each Division and Brigade Headquarters of the Army now contains a Human Rights Division and a Human Rights Cell respectively as an integral element of its architecture. Human Rights Cells are being established in Battalions as well as at Company level. A comprehensive human rights directive has been issued down to the platoon level structure of the Army with a view to ensure respect of human rights and IHL. Part 1 of this directive deals with the legitimacy of any counter-insurgency operation and respect for human rights and IHL and part II contains legal norms and judicial proceedings related to aberrations. 421. The amendment last year to the Military Act of 1959 has introduced mandatory provisions that allegations of rape and murder must be investigated and tried in civilian courts according to the ordinary criminal procedure laws of the country. Human rights violations pertaining to cases of torture and disappearances will henceforth be investigated by civilian authorities headed by the Deputy Attorney General and will be heard by a special court presided by an Appellate Court Judge. 422. Regarding the death of an Indian national in policy custody on 16 October 2006 in Janasewa, Kathmandu, the case is under investigation. In the Interim Constitution, the Office of the Attorney General has been entrusted with the responsibility to investigate allegations of ill-treatment in custody or complaints that relatives or lawyers are banned from meeting detained persons. 423. A commission to investigate widespread use of excessive force by security forces during the April 2006 protest has completed its task and its recommendations are in the process of being implemented. The Government has already provided compensation to those who were injured during the April demonstrations and the relatives of those who died (see A/HRC/4/33/Add.2, para. 456). 424. Recommendation (b) stated: The crime of torture is defined as a matter of priority in accordance with article 1 of the Convention against Torture, with penalties commensurate with the gravity of torture; 425. According to non-governmental sources, the Interim Constitution requires the Government of Nepal to criminalize torture. The Government stated many months ago that it is drafting such a bill, but no progress has been made. Despite repeated requests, no details have been made available to OHCHR or non-governmental organisations on

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