A/HRC/7/3/Add.2 page 91 whatever the circumstances. On a number of occasions, police have acknowledged using deadly force against demonstrators on the grounds that the use of such force was justified in order to enforce a curfew order. This was the case during the Madheshi Andolan and also in the case of the recent killing by the APF of a Limbuwan activist in October 2007. During a meeting with the Representative of OHCHR on 23 November, however, the Inspector General of the APF denied that this was APF policy. No independent investigations have been carried out into the killings. 462. The report of the Rayamajhi Commission set up in 2006 to investigate human rights violations, including excessive use of force during the April 2006 protests, was finally made public in August 2007. It 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 the prosecutions by the authorities. No-one has been prosecuted for the many cases of serious beatings which occurred in the context of the protests. 463. On 21 June 2007, the Home Ministry formed a high level committee on prison reform. The seven-member committee, including four MPs, two human rights activists and the Director General of the Prison Management Department (PMD), was to visit 50 prisons and focus on: responses to prisoners’ amnesty demands; a review of existing laws and regulations on parole for well-behaved detainees; and an assessment of the need for improvements to the physical infrastructure of prisons. 464. According to the Government, the present democratic government has the same opinion that all allegations of torture and ill-treatment will be promptly and thoroughly investigated. Only qualified personnel will be assigned for investigation according to the proposed new bill. The States Litigation Act of 1993 clearly stipulates that investigations of criminal cases have to be carried out with the direct involvement of the District Attorney. Owing to financial shortages, audio-visual equipment has not been used during the interrogation. The detainees have the right to consult with a lawyer of their choice. 465. The National Human Rights Commission, OHCHR and ICRC have been given unhindered access to the prisons and places of detention with all requisite cooperation on the part of the government. 466. Regarding the death of Maina Sunuwar, the body has been exhumed. The forensic test by experts has been completed and the DNA test is being conducted. The Government of Nepal is unequivocally committed to promptly investigating the case and bringing the culprit to justice. It is also committed to investigate cases of torture and take action against the persons involved in it. On 15 January 2007 the Nepal Army has made available the copy of the verdict of the General Court Martial to the District Police Office, Kaver in connection with further investigations of the case by civilian authorities. In July 2007 the OHCHR office in Nepal was also provided with a copy of the verdict in response to their request. OHCHR has access to all documents, including the documents of the court of inquiry, relating to this case. The original file related to this case, including the original copy of the verdict of the General Court Martial, was submitted to the Supreme Court of Nepal, in compliance with its order as per the laws of the land. The

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