ACHR urges UN committee to probe torture cases in Nepal

Kathmandu Nov 2-The Asian Centre for Human Rights (ACHR) has urged the United Nations’ Committee Against Torture (CAT) to investigate into the incidents of torture in Nepal.

Submitting an 'alternate' report “Torture in Nepal: A case for Investigation by CAT” to the UN committee to be examined during its 35th session from 7 to 25 November this year, the ACHR said human rights violations including torture have grown.

“Since the examination of the initial report in May 1994 by CAT, Nepal has been caught in serious internal armed conflicts with the Communist Party of Nepal (Maoist) since 1996. Over 12,000 persons have been killed and gross human rights violations including torture have been perpetrated both by the security forces and the Maoists,” the ACHR said in its report, calling on the CAT to visit Nepal and investigate into the incidents of tortures.

The Delhi-based rights body further stated, “Since the Royal takeover by King Gyanendra on 1 February 2005, human rights violations such as arbitrary arrest, detention, torture, rape, disappearances and extrajudicial killings have intensified.”

Saying that the definition of torture under the Compensation Relating to Torture Act of 1996 does not conform to Article 1 of the Convention Against Torture and that torture is not defined as a ‘criminal offence’ under any domestic law in Nepal, the AHCR report pointed out that even though the Nepal government urged that under the Nepal Treaty Act of 1991 international treaties ratified by the nation prevail over the domestic laws, in practice, there is little awareness on international treaties among the judges.

“Since the Torture Compensation Act came into force in 1996, according to Special Rapporteur on Torture, Manfred Nowak, compensation has actually been paid out only in one case to date, despite several decisions by the courts to award compensation,” the report further stated.

The AHCR report also mentioned about excessive use of force and mistreatment to women by security officials during street demonstrations while authorities have been denying prisoners access to proper healthcare, radio and newspapers and are treated inhumanely.

The rights body criticised the royal administration for trying to subvert the justice system by forming an all-powerful body, the Royal Commission for Corruption Control (RCCC), muzzling the independent media and imposing restrictive measures on NGO activities.

The security agencies, according to the ACHR, have been constantly violating the orders of the Supreme Court while these measures have further increased the risk of torture and other human rights violations.

“Nepal is a fit case for investigation by the Committee Against Torture,” the ACHR recommended to the UN torture committee.

Mainwhile, Journalists, lawyers and rights activists today said it is now time to test the impartiality of the Supreme Court. “This is a situation when the wisdom of the Supreme Court will be put to test.Denouncing "the government's move to curb the free press and deprive people of their basic rights", human rights activists, members of civil society and people from various walks of life are jointly staging a 12-hour-long satyagraha in front of Birendra International Convention Center (BICC) at Naya Baneshwor, on November 9.

At a program organized, on Tuesday, Charan Prasai, acting president of Human Rights Organization of Nepal (HURON), informed that the satyagraha was being organized on November 9, coinciding with the Constitution Day of Nepal.

Organized with the objective of exerting moral pressure on the government to restore sustainable peace and ensure absolute democracy in the country, the program will begin from 6.30 am.

"This will give the present regime a strong message that civil society is united and opposes every attempt to deprive people of their basic rights," he said.

Speaking on the occasion, senior journalist Harihar Birahi accused the government of becoming more and more senseless in recent days. "The program will be helpful in giving a clear message to the government that people will not tolerate its unjust moves," he said.

"The act is similar to that of a thief putting off the lights before stealing from others," Birahi said, commenting on government attempts to muzzle the press.

Advocate Baburam Giri accused the government of confusing the international forces by announcing elections. Chairman of South Asian Free Media Association, Gopal Thapaliya, said as the ordinance is a matter of life and death for journalists in the country, everyone should be ready to protest against the fiat until they achieve success.