Nepal
in Crisis 2005: Human Rights |
UN
concerned over continued use of torture |
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September
16, 2005, IRIN
KATHMANDU,
16 Sep 2005 (IRIN) - Torture and ill-treatment were still systematically
practiced in various detention centres in Nepal run by the police and the
Royal Nepal Army (RNA), concluded Manfred Nowak, the Special Rapporteur
on Torture of the United Nations Commission on Human Rights, who ended
a seven-day visit to the country on Friday.
"There
was repeated and frank admission by senior and military officials that
torture was acceptable in some instances," said Nowak, who was deeply concerned
about the prevailing culture of impunity for those responsible.
Maoist
rebels have been waging a nine-year rebellion against the state. Many civilians
who have been arrested on suspicion of being Maoists have been severely
tortured, according to hundreds of credible reports from human rights organisations.
Many
were arrested and detained under the Terrorist and Disruptive Activities
(Control & Punishment) Act (TADA), introduced in 2002. The act gives
special powers to the authorities to arrest any suspect without a warrant.
The
TADA was replaced by a new Terrorist and Disruptive Activities (Control
and Punishment) Ordinance (TADO) in 2004, which increased provision for
detention without charge or trial for up to one year. Nowak remarked that
such an act effectively provides the police and military with sweeping
powers to detain suspects for preventive reasons.
During
his visits to victims and detainees, Nowak was told that the methods of
torture included beatings with bamboo poles and plastic pipes, kicking,
electric shock to the ears, jumping on thighs and legs, as well as hanging
detainees upside down and beating the feet.
An
army official told Nowak during his interview at a barracks near Nepalganj,
500 km west of Nepal, that they often tortured prisoners to get them to
admit they were Maoists.
"Torture
is used to extract confessions and to obtain intelligence, among others,"
said Nowak who added that even though the security forces were working
under heavy pressure, their methods should respect international human
rights norms, especially the absolute prohibition of torture according
to the Convention Against Torture, that Nepal has ratified.
Meanwhile,
the UN official has recommended to the government to take preventive measures
against the use of torture, by forming an independent commission that has
the power to conduct unannounced visits to all places of detention.
Until
now, only the Office of the High Commissioner for Human Rights (OHCHR)
has been allowed unrestricted access, while rights-based NGOs and the National
Human Rights Commission have had no such access.
Nowak's
visit has brought hope to human rights advocates."Such a high level UN
official's visit is bound to make a big impact. Our expectation is that
due to his meetings and pressure on the government, it will reduce impunity
to some extent," said advocate Ram Chandra Giri from the Advocacy Forum,
a leading local rights NGO.
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