A/HRC/7/3/Add.2
page 92
Nepal Army extended all necessary cooperation and assistance, including the unfettered
access to the site of burial, for the exhumation of the body of late Maina Sunuwar, which
was carried out in the presence of a large contingent of human rights defenders and
OHCHR representatives as well as close relatives of the deceased. The case is now
already in the hand of civilian authorities who are investigating it and initiating criminal
proceedings.
467.
Recommendation (j) stated: Any public official indicted for abuse or torture,
including prosecutors and judges implicated in colluding in torture or ignoring
evidence, be immediately suspended from duty pending trial, and prosecuted;
468.
According to non-governmental sources, those suspected of torture are not
prosecuted or punished. In a few cases, police have been suspended briefly pending an
internal inquiry.
469.
The Government informed that the proposed new bill treats torture as a criminal
offence and has made a provision to suspend and/or dismiss the public official if s/he is
found guilty after necessary investigation (see A/HRC/4/33/Add.2, para. 442).
470.
Police units do not need any instructions from Kathmandu for registering
complaints and launching investigations against torture. In addition, police personnel are
not under pressure to pursue complaints or drop them or to arrange an out of court
settlement. If the police are reluctant to register complaints against human rights
violation, there are ample legal provisions for individuals to lodge complaints against the
police in the courts of law (see A/HRC/4/33/Add.2, paras. 443-444).
471.
Since 1996, Nepalese police has taken departmental action against 21 police
personnel in 11 cases of alleged torture out of which 6 cases were prosecuted in the court
of law.
472.
Recommendation (k) stated: Victims of torture and ill-treatment receive
substantial compensation proportionate to the gravity of the physical and mental
harm suffered, and adequate medical treatment and rehabilitation;
473.
Compensation awards have been made in a few cases under the Torture
Compensation Act, but have not always been disbursed to victims or their families, and
usually without proper investigations to establish causes and responsibilities. Whilst
reparations are important, they must not be regarded as a substitute for prosecutions.
As part of the peace process, the Government has announced that reparations will be
paid to victims of the conflict, including torture victims, and Chief District Officers are
registering names of victims or their relatives. However, the criteria for determining
who is eligible and how the measures will be implemented are not clear. Concerns about
the need for relief to be fairly and impartially distributed and to respect the principle of
non-discrimination have been raised. A 23-point agreement drawn up by the SevenParty Alliance in December included a provision regarding relief to be provided to those
killed and disappeared during the conflict.
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