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The
following statement was issued today by the Special Rapporteur on torture,
Theo van Boven; the Special Rapporteur on violence against women, Yakin
Ertürk; the Special Rapporteur on extrajudicial, summary and arbitrary
executions, Asma Jahangir, the Special Rapporteur on the independence of
judges and lawyers, Leandro Despouy; the Special Rapporteur on the promotion
and protection of the right to freedom of opinion and expression, Ambeyi
Ligabo; the Special Representative of the Secretary-General on human rights
defenders, Hina Jilani; the Chair of the Working Group on Enforced or Involuntary
Disappearances, Diego García-Sayán, and the Chairperson-Rapporteur
of the Working Group on Arbitrary Detention, Leïla Zerrougui:
Eight
independent experts of the United Nations Commission on Human Rights reiterate
today their serious concern regarding the extremely grave human rights
situation in Nepal.
The
experts indicate that since the beginning of 2004, they have transmitted
146 urgent appeals and other communications to the Government of Nepal
regarding reported violations of human rights. Many of the communications
concern individuals arrested by security personnel, often on suspicion
of supporting or being involved with activities of Maoist groups. It is
reported that these individuals are subsequently taken to undisclosed locations,
which puts the detainees at risk of being tortured or of suffering other
forms of cruel, inhuman or degrading treatment, including rape. The experts
regret that the Government has failed to respond to many of their appeals,
and that it has provided virtually no information on the fate or location
of people detained in unknown locations. The experts recall their previous
public statements on human rights violations in Nepal issued on 12 November
2003 and 9 March 2004, as well as statements by the former acting High
Commissioner for Human Rights made in the last year.
The
experts also express serious concern over the significant increase in reports
of abuses and attacks against civilians by insurgents.
The
independent experts acknowledge the Government's Commitment on the Implementation
of Human Rights and International Humanitarian Law announced on 26 March
2004. They strongly urge the Government to live up to its commitments and
implement fully and without delay the 25 undertakings contained in this
most important Publication. They welcome the establishment of an investigative
commission under the Ministry of Home Affairs to probe the cases of disappearances,
in accordance with point 22 of the Government's Commitment. They emphasize
the need for the Investigative Commission to address the serious issue
of disappearances immediately.
The
experts again urge all parties to the conflict to find a peaceful solution
that would put an end to the widespread suffering in Nepal. In particular,
the experts take this opportunity to urge the Royal Nepalese Army to cooperate
with the courts and the National Human Rights Commission in providing information
about the conditions and whereabouts of those held in its custody.
They
recall Article 3 common to the four 1949 Geneva Conventions, which is binding
on all parties to a non-international conflict, and enshrines the protection
of life and the physical integrity of the human person, including the prohibition
of cruel treatment and torture at any time in any place. Article 3 applies
to all persons taking no active part in the hostilities, including members
of the armed forces who have laid down their arms and those placed hors
de combat by sickness, wounds, detention, or any other cause. The experts
also refer to international human rights norms that strictly prohibit the
use of torture and other forms of ill-treatment under any circumstances.
They recall that according to these general principles of international
law, rape during armed conflict is considered to be a war crime and states
have an affirmative duty to prevent, punish and prosecute perpetrators
of such crimes at all times.
The
independent experts call on all parties to the conflict to comply strictly
with these international human rights and humanitarian norms. |
