A/HRC/7/3/Add.2
page 86
citizens, coverage of the rights to liberty and security and provisions permitting
derogation of rights during a state of emergency.
432.
Section 15 (2) of the State Cases Act requires that arrested persons be produced
before the “appropriate authority” within24 hours, and prohibits any person from being
held for a longer period without orders of such authority. In practice, detainees in police
custody are often held beyond the stipulated 24 hours without appearing before the
relevant authority. OHCHR has also documented many cases where detainees have not
been provided with letters of arrest/detention, and where juveniles have been detained in
inappropriate conditions. Some of these irregularities have been remedied by police
when OHCHR has visited police stations subsequently. In other cases, irregularities
persist.
433.
The most serious cases of illegal detention by Nepal Police relate to four
individuals accused of involvement in three bombings in Kathmandu in September 2007.
The four were held in secret, unacknowledged detention for up to 11 days. During that
time, police denied to OHCHR that they were holding them. Despite information
gathered that confirmed their arrest on 10/11 September, police subsequently recorded
the arrest date as the day on which they were presented to a judge. They were reportedly
beaten while held in unacknowledged detention, and reportedly signed, under duress,
“confessions” or documents which they were unable to read.
434.
The Armed Police Force (APF) has become increasingly involved in arrests
related to armed groups, and some detainees were illegally held and interrogated by the
APF for short periods in the Terai districts of the Central and Eastern Regions. The APF
do not have powers to detain or interrogate. The deployment of Special Task Forces of
combined Nepal Police and APF to the Terai and to Kathmandu Valley in December has
raised certain concerns also about legal procedures for arrests and detention.
435.
OHCHR was also concerned about certain amendments, adopted in August
2007, to the Local Administration Act 1971 (LAA) which could be used in the future to
limit freedom of assembly and the right to due process. The amendments empower each
Chief District Officer (CDO) to ban gatherings, and fine and imprison anyone
committing acts of obstruction or violating bans on gatherings. Given the vagueness of
the terms used and the significant discretion involved, the new provisions of the LAA
could potentially be used to arbitrarily detain demonstrators, suppress non-violent
assemblies and other peaceful expressions of opinion. Granting the CDO the power to
fine and imprison also raises concerns in relation to individuals’ right to a fair trial in
terms of a hearing before an independent and impartial tribunal.
436.
According to the Government, the Terrorists and Disruptive Activities (Control
and Punishment) Ordinance (TADO) has already been nullified. Those being prosecuted
on different charges under the Criminal Code are in process of judicial trials. Some
detainees were kept in Army Barracks at the time of conflict for their own security. The
security personnel were not found to have been involved in torture and ill-treatment of
TADO detainees (see A/HRC/4/33/Add.2, para. 425).
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