A/HRC/7/68
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(which subsequently lapsed) were released from prison, at least 29 remained in detention, mostly
on criminal charges, including 3 women who were juveniles when arrested and who have been
held in pretrial detention since 2000 and 2001. At least 33 others also facing criminal charges
were reportedly released in 2007, apparently after the cabinet withdrew charges against them in
accordance with provisions of the peace accord, regardless of whether they were involved in
serious human rights abuses. The agreement of 23 December required all remaining CPN(M)
detainees to be released by mid-January 2008.
42. After the release and apparent amnesty of some CPN(M) detainees, detainees accused of
criminal offences organized protracted protests in a number of prisons calling for a general
amnesty. Prison authorities were sometimes locked out of prisons for prolonged periods and
prison infrastructure was damaged. Violent incidents inside prisons, in particular in Morang jail,
resulted in serious injuries and at least one death. OHCHR raised its concern on a number of
occasions about the lack of appropriate follow-up, including investigations, into these incidents.
43. On 21 June, the Home Ministry formed a high-level committee on prison reform to focus
on responses to prisoners’ amnesty demands; a review of existing laws and regulations on parole
for well-behaved detainees; and an assessment of the need for improvements to the infrastructure
of prisons. In September, OHCHR and ICRC, with the Prison Management Department,
conducted for the first time a four-day training session on prison-related human rights issues for
prison managers from throughout the country.
Abductions, torture and related abuses by CPN(M) members
44. The statements in November 2007 by Chairman Prachanda that directives had been given
to stop abductions and other abuses were very important, but were not fully complied with and
need to be matched with concrete steps to implement the directives, including cooperation in
handing those responsible over to State authorities for investigation and prosecution. Abductions,
ill-treatment and torture, as well as deaths related to abductions by CPN(M), dropped sharply
after the Comprehensive Peace Agreement, but there has been a resurgence in abuses since
April 2007, and particularly in October and November, against the backdrop of the political
crisis. The previous section has already examined abuses related to freedom of assembly and
expression, including killings. Other abuses by CPN(M) and affiliated entities include abduction,
threats, intimidation, physical assault, ill-treatment, torture and forced labour, especially in the
context of parallel law-enforcement activities. Many of these abuses have been attributed to
YCL, as documented in the OHCHR report of 22 June 2007 entitled “Allegations of human
rights abuses by the Young Communist League”.3 Beatings in some cases were so severe that
they amounted to torture.
45. In several cases, OHCHR experienced long delays in obtaining access to those taken into
captivity. It should be noted nevertheless that the period of captivity was generally much shorter
than in the past, usually from a few hours to several days, although some were held for up to a
3
Available from the website of the United Nations High Commissioner for Refugees,
www.unhcr.org.
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