CAT/C/NPL/CO/2
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D. Concerns and recommendations
Definition
12.
The Committee notes with concern that the definition of torture in article 2 (a) of the
Compensation Relating to Torture Act of 1996, the lack of a legal provision in current domestic
law to make torture a criminal offence and the draft Criminal Code are not in line with the
definition of article 1 of the Convention against Torture (articles 1 and 4 of the Convention).
The State party should adopt domestic legislation which ensures that acts of torture,
including the acts of attempt, complicity and participation, are criminal offences
punishable in a manner proportionate to the gravity of the crimes committed, and
consider steps to amend the Compensation Relating to Torture Act of 1996 to bring
it into compliance with all the elements of the definition of torture provided in the
Convention. The State party should provide information to the Committee on
domestic jurisprudence referring to the definition of torture as per article 1 of the
Convention.
Widespread use of torture
13.
The Committee is gravely concerned about the exceedingly large number of consistent
and reliable reports concerning the widespread use of torture and ill-treatment by law
enforcement personnel, and in particular the Royal Nepalese Army, the Armed Police Force and
the Police, and the absence of measures to ensure the effective protection of all members of
society (arts. 2 and 11).
The State party should publicly condemn the practice of torture and take effective
measures to prevent acts of torture in any territory under its jurisdiction. The State
party should also take all measures, as appropriate, to protect all members of
society from acts of torture.
Detention
14.
The Committee is also concerned about:
(a)
The number of detainees in prolonged detention without trial under the Public
Security Act and the Terrorist and Disruptive (Control and Punishment) Ordnance (TADO)
of 2004;
(b)
The extensive resort to pretrial detention lasting up to 15 months and the lack
of fundamental guarantees under the Terrorist and Disruptive (Control and Punishment)
Ordnance 2005 of the rights of persons deprived of liberty, including the right to challenge
arrest, resulting in numerous alleged cases of incommunicado detention.
The State party should bring the practice of pretrial detention into line with
international human rights norms and ensure that the fundamental rights of
persons deprived of liberty are guaranteed, including the right to habeas corpus, the