Yubaraj Sangroula, Rachana Shrestha & Fr. K. Bogati
Background
Nepal has signed and ratified 16 international human rights conventions or treaties concerning protection of human rights, including the Convention on Torture and International Covenant on Civil and Political Rights. Article 14 of the 1990 Constitution has explicitly prohibited torture. Despite these efforts, incidents of torture are commonplace in Nepal, especially during the preliminary stages of custody during police investigation of crime. In some cases, the incidents are really grave.
A comprehensive study on the criminal justice system released in 1999, “Analysis and Reforms of the Criminal Justice System in Nepal”, reports incidents of torture to be widespread: 67% of respondents complained various kinds of torture during the police custody. Verbal abuse, compulsory and random hand-cuffing, hand-cuffing with a long iron chain, unhygienic custodial rooms, and denial of permission to receive visits were among complaints. Many of those tortured are arrested on accusations of being Maoist rebels. Many people are detained even after being given an order for release by the courts.
Nepal also has a serious problem of its girls being sold to Indian, Bangladeshi and Arab brothels. Nepalese society is male-dominated; the women have to put up with lots of discrimination. Most of the country is rural, development is low and people do not send their children to school, especially the girls, whom they think do not need to be educated. Thus girls from rural areas are very vulnerable to trafficking: they are uneducated and unable to stand on their own; they experience abject poverty. As a result, every year 5-6000 girls are taken out of Nepal to be sold into prostitution. Most of the time they are taken without their consent. The Times of India newspaper estimated that around 200,000 Nepali girls are working in Indian brothels.
Problems
1. The Torture Compensation Act (1996) is inadequate. If a claim of torture is sustained in court, the victim may be paid compensation by the State and the perpetrator may be liable to departmental action. However, there is no follow up as to whether departmental action has taken place or not.
2. The Torture Compensation Act has not defined torture as a crime, and thus impunity prevails: owing to the absence of deterrents, repetitions of incidents are commonplace, even in the capital city. No judicial inquiries of alleged incidents are conducted.
3. Trial courts are insensitive to incidents of torture. Many accused complain that they were tortured to force a confession; however trial courts still happily accept the confessions as evidence. Only in very rare cases are the accused sent for medical examinations, but long after the fact.
4. Since courts accept confessions as evidence, police tend to concentrate on obtaining confessions, as this method will ease their obligation to go into a detailed investigation of the offence.
5. The government could do more for trafficked girls than it is now. More girls have to be educated for this problem to be solved. The trafficking problem is linked to issues of education and poverty.
Positive Developments:
1. The National Human Rights Commission has finally commenced operations, hence there is now a forum for reporting incidents of torture. The Commission’s active and strong intervention in the “Maitri Hospital” case, where the police forcefully snatched suspected Maoists, has created some deterrence for police. However, the Home Minister’s open support of the police action has raised suspicion among the people as to the government’s commitment to human rights.
2. The Center for Legal Research and Resource Development (CeLRRd), Amnesty International and the Police Headquarters agreed to jointly conduct an awareness scheme at the junior level of police personnel, using a poster describing suspects’ rights during detention.
3. With the support of DANIDA, CeLRRd is coordinating a project to draft common criminal procedures’ guidelines with the judiciary, government attorneys, police and Nepal Bar Association. The guidelines will give instructions on the human rights of an accused for every step through the justice system. Upon completion of the guidelines, all agencies will be given orientation on their application, and specialized training will follow for concerned officials.
