The National Human Rights Commission has issued a formal statement to prohibit the perpetration of inhumane and criminal acts such as torture in all circumstances. In light of the International Day for Support of Torture Victims observed on June 26, the Commission has fervently urged all relevant parties to take decisive measures against individuals involved in acts of torture, while also ensuring access to justice for the victims affected by such abhorrent practices.
The Commission currently has 358 complaints related to instances of torture under careful consideration. This information was conveyed through an official statement released on June 26, 2023. The Commission has consistently advocated for the Government of Nepal to promptly register complaints concerning cases of unlawful arrests and both mental and physical torture, in addition to conducting thorough monitoring and investigation of said cases.
Throughout its existence, the Commission has been steadfast in its commitment to monitoring and investigating instances of torture. As a testament to its dedication, the Commission has issued approximately 200 recommendations about complaints concerning acts of torture. These recommendations encompass a range of measures, including compensation for victims, the initiation of appropriate action against the perpetrators, and the allocation of compensation from said perpetrators in response to the complaints filed.
Regarding the implementation of these recommendations, the Commission has duly reminded the Government of Nepal of the imperative need to diligently enforce the aforementioned recommendations. It is disconcerting to note that, apart from providing compensation to the victims, the government’s efforts to hold the perpetrators accountable through legal action have been notably limited.
In the past, the Commission has diligently monitored detention facilities and prisons to safeguard individuals’ rights against torture, and it has issued essential directives to ensure that these establishments are free from any form of torment.
It is worth emphasizing that Article 22 of the Constitution of Nepal explicitly safeguards individuals in custody or detention, affirming that they shall not be subjected to physical or mental torture or treated in a cruel, inhuman, or degrading manner. Any acts contrary to this provision are deemed punishable by law, and the victims are entitled to receive appropriate compensation, as stipulated by the law.
Furthermore, the Criminal Code of 2017 explicitly defines torture as a criminal offense. Nepal has become a signatory to the International Convention against Torture, thus firmly establishing that the infliction of torture on any person, under any pretext, is unequivocally unlawful. Dr. Tikaram Pokharel, Joint Secretary and Spokesperson of the Commission, highlighted these legal aspects in the statement issued.