A/HRC/16/23 45. When prima facie evidence that a crime has been committed exists, the police are obliged to register a case of caste-based discrimination ex officio, even when no formal complaint is registered by a victim. However, the police usually require victims to provide direct testimony before they will consider registering a case, and even when a victim does come forward, the proper registration of the case by the police remains a challenge. For example, in September 2010 in Kanchanpur district a “higher caste” man allegedly subjected a Dalit woman to a serious assault and later burned down her house, destroying most of her family’s possessions, all because she was Dalit. Rather than investigate the case, the police sent the victim to the local administration to acquire written confirmation of the property destruction. The police only registered the case following the return of the victim’s husband to the village from abroad, and then only on public offence charges and not the more serious criminal charges of discrimination, arson and attempted rape. In November 2010, the alleged perpetrator set fire to what remained of the victim’s property, leaving two of her family members injured. 46. With regard to gender-based violence, both sexual assault and violence against women accused of practicing witchcraft are also criminal offences that require the police to register a case ex officio. However, instances of the police taking proactive steps in this regard are rare, and even when a victim manages to report a crime to the police, there are frequent examples of the police delaying the registration process, including by insisting upon a medical report, even though this is not a legal requirement for the registration of a case. In February 2010 a 10-year-old Dalit girl was allegedly raped in Kailali district; although a relative submitted a complaint to the police two days later, the case was not registered by the police within the 35-day statute of limitations period, and no criminal action was taken against the alleged perpetrator. 2. Further shortcomings in the criminal justice system 47. In the rare instances where investigations or prosecutions are undertaken in discrimination cases, progress through the criminal justice system tends to be slow and ineffective. In some instances the shortcomings may be of a technical nature: for example, the lack of police officers trained to properly assist victims of gender-based violence and deal with cases involving caste-based discrimination. The actions of law enforcement officials reveal a lack of gender sensitization and a failure to follow due process of law. In the Nepali context, where traditional discriminatory practices have been accepted as a normal aspect of societal life for centuries, clear and detailed instructions and procedures for handling the issue, whether or not complaints have been submitted, are essential if progress is to be made. 48. In the rare instances which have led to a court decision, the perpetrators have rarely actually served a custodial sentence. This is largely due to the failure of the police to circulate arrest warrants or to take proactive steps to locate the perpetrators. For example, in a landmark ruling in January 2009 in Baitadi district, a person was found guilty of practicing untouchability and was sentenced to two years’ imprisonment and fined. However, at the time of writing, more than 15 months after the verdict was upheld on appeal, the perpetrator not only remained at large, with his fine unpaid, but was actually nominated by a Government ministry to a public position. Two years after the district court judgment, the district police office had still failed to circulate arrest warrants to the police in other districts. Another perpetrator found guilty by the Baitadi district court in a similar case in March 2010 also remained unpunished at the time of writing. 49. The existence of national human rights institutions with specific mandates to focus on such issues, including the National Dalit Commission and the National Women Commission, as well as the National Human Rights Commission, presents additional possibilities for action to be taken to address issues of discrimination. However, while 2010 12