UN Torture Committee urged to investigate in
Delhi: Asian Centre for Human Rights in its shadow report,
Torture in Nepal: A Case for Investigation by CAT, to the
second report of the government of Nepal today urged the UN Committee
Against Torture to visit Nepal. The UN Committee Against Torture
will examine the report of the government of Nepal in its 35th
session from 7 to 25 November 2005.
is the only country in South Asia where torture is not defined as
a criminal offence under any domestic law. The systematic use of
torture has further aggravated since the Royal takeover on 1 February
2005. It is a fit case of visit by the UN Committee Against Torture
under Article 20 of the Convention.” - stated Mr Suhas Chakma, Director of Asian Centre
for Human Rights.
shadow report states that the 1996 Compensation Relating to Torture
Act of Nepal has failed to combat torture which is authorised by
higher authorities. Since the Act came into force in 1996, compensation
has actually been paid out only in one case to date, despite several
decisions by the courts.
preventive detention under the Terrorist and Disruptive Activities
Ordinance, Public Security Act and Public Offences Act facilitate
Tibetan refugees have been consistently refouled in clear violation
of the Article 3 of the Convention Against Torture which prohibits
forcible return of refugees where they may face torture. On
21 January 2005, the government of Nepal closed down the Tibetan
Refugee Welfare Office, thereby further increasing their risks.
prisoners are forced to live in inhumane and degrading conditions.
The prisons are overcrowded with prisoners having to take turns
to take bath or to go to the toilet or to sleep. In Kharipati Electricity
Training Center in Bhaktapur, there was only one toilet to be used
by 60 detainees including females. The stoppage of the visit to
the prisons and detention centres by the International Committee
of the Red Cross following imposition of unacceptable conditions
by the RNA has further worsened the situation.