On the occasion of International Day in Support of Victims of Torture, Informal Sector Service Centre (INSEC) urges the government to fulfill its international obligations for the protection of the rights of victims of torture.
For the first time in Nepal, the 2007 Interim Constitution has made torture a criminal offense. However, the Torture Compensation Act, 1996 neither criminalizes the practice of torture nor obligates the government to take action against the perpetrator. As such, the Act is inconsistent with the Interim Constitution.
Fulfill Obligations for Protection of the Rights of Torture Victims
Victims of Torture have been regularly ignored despite their continuous demand, a constitutional guarantee against the practice and the ratification of several international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). On the occasion of International Day in Support of Victims of Torture, Informal Sector Service Centre (INSEC) urges government to fulfill its international obligations for the protection of the rights of victims of torture.
For the first time in Nepal, the Interim Constitution, 2007 has made torture a criminal offense. However, the Torture Compensation Act, 1996 neither criminalizes the practice of torture nor obligates the government to take action against the perpetrator. As such, the Act is inconsistent with the Interim Constitution. It has restricted efforts to criminalize the acts of torture in practice.
Another systemic problem with torture prevention and redress is that the government offers no protection for victims or witnesses of torture who are subsequently threatened with future bodily harm. As a result, perpetrators of torture enjoy continuous impunity and victims are routinely denied justice. The government has so far failed to conduct proper investigation and prosecution of even a single case of extrajudicial execution, enforced disappearance and torture. Very little attention has been paid on the cases and issues of torture or ill treatment while bringing up legislations, including that of proposed Truth and Reconciliation Commission (TRC).
The United Nations Committee against Torture and the United Nations Special Rapporteur on Torture in 2005 have asked the government, among others, to take necessary measures to ensure that the acts of torture become subject to universal jurisdiction under the draft Criminal Code; and consider adopting witness protection measures. They asked the government to ensure that all persons reporting the acts of torture are adequately protected and compensation awarded by Courts or decided upon by the National Human Rights Commission (NHRC) is paid to victims in a timely manner. Enacting a new law criminalizing torture was another important recommendation to the government. However, there is almost no action taken by the government in this regard.
In this backdrop, INSEC urges the Government of Nepal to:
enact a law which gives full breath to international prohibition against the practice of torture so that any act of torture committed by a state official is a criminal offence;
implement measures to ensure that the acts of torture are properly investigated and perpetrators are held accountable for their actions;
overhaul current torture compensation scheme to provide victims with opportunities for fair and adequate compensation including rehabilitation;
implement recommendations of NHRC regarding compensation to torture victims;
implement recommendations made by UN treaty body and Special Rapporteur on torture;
become party to the Optional Protocol to the CAT (OP-CAT), which obligates government to create national inspection mechanism and to host international inspections; and
accede to the Rome Statute of the International Criminal Court (ICC) to open up avenue for international judicial access against genocide, war crimes and crimes against humanity.
Subodh Raj Pyakurel
Chairperson
