View Points

Indra Kharel, Chairperson, Supreme Court Bar Association

The situation of torture could be worse if the civil society had not taken any initiative to prevent it. The civil society should be active for ending torture as the state is not serious in this regard. Umanath Hamal of Kalikot and Nirmal Pant and Puskar Dangol of Kalanki,Kathmandu were killed by Maoist-affiliated Young Communist League. In the past, police used to inflict torture but these days Maoists are taking the lead. The definition of torture is narrow in Nepal. People fail to reach to their destinations on time due to bandh and strikes, whether we call it mental torture or not. These types of incidents should be taken as mental torture.

 

There has been rise in the incidents of torture as the perpetrators, who brutally murdered person after inflicting torture, are getting impunity when the political party they are affiliated with say it will take action after investigation. It is the responsibility of the state to investigate incidents of torture, not the political parties. It is essential to make constitutional provision disqualifying those involved in inflicting torture to contest the election. The person involved in inflicting torture should be held accountable. There is a need of empowering the state organs rather than the political parties for minimizing torture.

 

Muktinath Sharma, Torture Victim, Deuda VDC-2, Doti

Torture is a cruel and inhuman treatment. Torture could be inflicted through beating, cutting different parts of body and other inhuman treatment. A group of nearly 15 Maoist cadres abducted me on September 4, 2003 and took me to Prabhat Higher Secondary School Dehimandu. My right leg does not work due to the torture inflicted by Maoist cadres at that time.

 

The trend of inflicting torture will continue till the trend of impunity exists on various excuses and till the political parties do not abide by commitments made in the past. Discipline should be maintained for ending torture. The trend of impunity must end and commitments should be translated into reality. So, in conclusion, the trend of inflicting torture will continue till the commitments are translated into reality.

 

Rishiram Niraula, Court assistant, District Court Patan

There has been some improvement in the situation of torture as compared to the past. In recent days, there were no complaints regarding torture inflicted in police custody for the purpose of confession. There are some incidents in which people take back their complaints claiming that they had reached into an agreement regarding the dispute. A case against torture was filed while I was working in Sunsari and the Morang District Court gave the verdict in favor of victim. Torture exists in the society due to old concept that the detainee will not give right statement unless torture is inflicted to him/her and due to traditional method of interrogation. I could not see any relevancy of inflicting torture for confession as the court does not take it as a proof. There is decline in the incidents of torture in custody as such confessions are not taken as main evidence as per the criminal justice system.

 

First of all, people should be made aware about torture. As the Interim Constitution has guaranteed right against torture as fundamental rights, the victim should knock the door of judiciary for Justice. Judiciary cannot initiate the investigation process before receiving complaint. The police department also has the Human rights cell, which can also work in the field of torture and contribute for reducing torture.

 

Rajendra Ghimire, Chairperson, PPR

Reports of different organizations show that torture remains as a problem in Nepal. It was believed that torture would end following the restoration of democracy but it did not happen so. It was found that torture was inflicted not only in police custody but different armed groups have also been inflicting torture. Before ten year period torture could be inflicted only by the state but these days we find many examples of torture inflicted by organized groups.

 

Only a few activities are not sufficient to combat torture. Strong political willpower is a must for it. The leaders, who were tortured in the past, are ruling the country but they have failed to make strong commitment for ending torture. Similarly, the trend of torture will decline only if various treaties and conventions especially Convention Against Torture, is implemented effectively. Many other countries have criminalized torture but Nepal has so far failed to imulate that step.

 

Nepal should define torture as criminal offense. There is a need of forming a powerful mechanism to deal with the cases of torture. Legal provision should be made for protection of torture victim and witness. There is also a need of raising awareness about torture and providing training to police about the skills of collecting evidences using different method rather than through torturing arrestees.

 

(Compiled by Gopi Krishna Bhattrai)

[Courtesy: INFORMAL Vol. 27, No. 2, April-June 2009]