On the occasion of the United Nations International Day in Support of Victims of Torture, the Asian Human Rights Commission (AHRC) welcomes the new opportunities for human rights as a whole, and torture victims in particular, that have arisen out of the historic peoples movement in Nepal in April 2006. As the result of widespread protests, the King of Nepal was forced into handing over power to parliament on 24 April 2006. Since this time, political developments, including the transfer of control of the military to the government and the formation of a commission of inquiry to look into abuses committed during the 19-day long protests, have given rise to hope that the widespread and grave human rights violations that have crippled the country over recent years will now be prevented and that real opportunities for justice for victims can be attained.
In order for future abuses to be prevented, for past abuses to be sanctioned and for victims to receive support in terms of legal redress, physical and psychological medical assistance and re-insertion into society, it is vital that several key steps be taken. These include: an end to the use of torture, which can be assisted by the presence of a register of all detainees in Nepal; concrete measures by the government to strengthen the judiciary; commitments to bring alleged government and Maoist perpetrators of torture and other related abuses to justice; the enactment of legislation to make torture a crime under domestic law; and the firm commitment to ensure the rapid implementation of all recommendations made by United Nations special procedures and treaty bodies, notably the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Committee against Torture.
The AHRC notes with disappointment that, in the landmark adoption of the House of Representative’s Proclamation on 18 May 2006, which curtailed the power of the King and ensured the transferral of the control of the military from the Royal Palace to the government of Nepal, reforms relating to the judicial system in Nepal were sadly missing. Without a strengthened judiciary, support to victims of torture in the form of legal redress will likely prove elusive. The issues of accountability of perpetrators from all sides and at all levels of authority, and the establishment of a capable and independent judiciary, are prerequisites for the transition of Nepal to a state of peace and respect for human rights.
While is has been vital, in the first instance, to ensure an end to hostilities under a cease-fire and an avenue for peaceful dialogue in the country, justice and redress for victims of torture and other abuses must not be sacrificed for short term political gains, as these abuses and the lack of justice have been at the root of the conflict in Nepal and must be addressed if long term stability is to be reached.
The AHRC recalls that Nepal has had amongst the highest recorded records of human rights violations, notably torture, extra-judicial executions and forced disappearances, in the world over recent years. Severe forms of torture, often resulting in death, have been perpetrated by all sides involved in the conflict. The transferral of control of the armed forces to the civilian government should in part enable such gross violations to be brought to an end. It is hoped that the Maoist insurgents commanders will also ensure that violations perpetrated by their forces will also be brought to an end and that the perpetrators of past and any future violations will be held accountable.
The AHRCs partners in Nepal have documented around 800 cases of torture between March 2005 and April 2006 alone. Nepalese citizens have been subjected to brutal forms torture at the hands of the Maoist insurgents or the armed forces and the police in the context of years of lawlessness, impunity and internal conflict within the country. The AHRC notes with concern that human rights abuses also continue to be perpetrated by vigilante groups established and armed by the Royal Nepalese Army. In order to ensure that such practices are brought to an end and that victims are provided with redress, in line with Nepals international obligations, the AHRC recommends that the following steps be taken:
Firstly, as part of ongoing negotiations, it is vital that all parties make clear commitments to immediately halt the use of torture and bring any alleged perpetrators to account, in line with international standards. The government must immediately create a publicly available, up-to-date and well-maintained register of all detainees being held in Nepal, as the practice of torture is most prevalent when persons are being held incommunicado. Vigilante groups must be disarmed and disbanded. The government must also enact legislation that criminalises the practice of torture, as to date, no specific law exists to punish this act. This lacuna ensures impunity for perpetrators and robs victims of any possibility of legal redress concerning torture, despite Nepal having acceded to the UN Convention Against Torture in May 1991. Furthermore, the Government must immediately address the lacuna in the 18 May 2006 House of Representative’s Proclamation, which omitted any reference to the judiciary. The strengthening of the judiciary, which should include the re-appraisal of judges, greater resources being provided and training concerning the issue of torture and other human rights violations, is key to the future of the nation. The protection of victims of torture that are seeking redress and witnesses involved in any legal processes must be ensured. In addition, the government should make clear commitments concerning implementation of all recommendations made by international human rights bodies notably the United Nations – concerning torture, as well as other human rights abuses, within a reasonable timetable.
For their part, the Maoist insurgents must ensure that all acts amounting to torture are halted and that all perpetrators are accountable for their actions, if they are to become credible stake-holders in any future democratic political system.
The AHRC reiterates its support for the democratic and peace-building processes in Nepal, but underlines that without an end to the inhuman practice of torture and without adequate support for its victims, the future stability of the country will remain precarious. The new Nepal needs to be built on strong principles of justice and human rights alongside a democratic political system, if it is to stand the test of time.
