Asia
UN asks Nepal for torture law
Kathmandu | June 26, 2007 6:05:12 PM IST
The UN Tuesday urged Nepal to take measures to prevent torture, prevalent across the country despite the fall of King Gyanendra's despotic regime, and draft a law that would punish the perpetrators. "Steps still need to be taken to prevent and to end torture and ill-treatment in Nepal. Especially to end impunity both for conflict-related cases and those which have occurred since April 2006," the Office of the UN High Commissioner for Human Rights (OHCHR) in Nepal said in a statement on the occasion of International Day in Support of Victims of Torture. Though the new multi-party government, which came to power after an uprising against King Gyanendra, is said to be working on a law that will treat torture as a crime, it is yet to be tabled in parliament for approval. With all government agencies now concentrating on holding a crucial election in November, it is unlikely that the torture law will be passed before that. A succession of unstable governments and a growing communist insurgency that fuelled torture by security forces made Nepal lag in passing a torture law, though it has acceded to the Convention Against Torture. "Such a law is essential to allow for prosecutions and the punishment of those responsible," the UN agency said. The OHCHR is also asking the Girija Prasad Koirala government to pay compensation to the victims who filed cases under the Torture Compensation Act and won their cases. Though there are several cases, only one victim has been awarded compensation. Subhash Chandra Nembang, a leading lawyer, was awarded compensation for illegal detention during the king's rule. The UN call comes even as a Nepal NGO released a report, saying torture still continues in Nepal despite the restoration of democracy and the fall of the king in April 2006. The report - "Torture Continues: A Brief Report on the Practice of Torture in Nepal" - compiled by Advocacy Forum, documents 1,313 new cases of torture since then. The report, compiled after visiting 35 detention centres in 13 districts, found the army still arresting and detaining civilians and inflicting torture upon them. It has documented 17 cases of torture, four rapes and six cases of illegal detention of civilians by the Nepal Army after April 2006. The worst perpetrators were the Nepal Police, who were responsible for over 1,200 cases of torture. Even the Maoist guerrillas, who had fought a 10-year "People's War" to bring equality and justice to Nepal, were found to be guilty. The report records 67 cases of torture by the Maoists even after they signed a peace pact and joined the government. The rebels are also held responsible for a rape and 96 cases of abduction. Of the 3,908 detainees interviewed since April 2006, 27.6 percent said they were subjected to acts of torture. Minors were given the worst treatment. Of 1,105 minors, 36.9 percent said they had been tortured while 42.7 percent of them were detained illegally. "Though Nepalis have a constitutional right to be produced in court within 24 hours of their arrest, only 28.8 percent of detainees interviewed by Advocacy Forum were guaranteed this right," the NGO said. The report comes down heavily on the legal system, saying it has failed to protect the fundamental human rights of Nepalis. (IANS)
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