A/HRC/4/97
page 9
27.
The continued absence of a fully functioning national central detention register, despite
its announcement by the Government in December 2005 (see E/CN.4/2006/107, para. 27), as
well as the lack of accurate record-keeping at many prisons and police stations around the
country make it difficult to monitor the legal status and release of detainees and remain issues
which need to be addressed. OHCHR is also concerned that poor record-keeping of detentions
in police custody and delays in handing over detainees to judicial authorities facilitated arbitrary
detention. It is also concerned about individual cases of children and juveniles in police custody.
28.
OHCHR also investigated allegations of arbitrary detention, ill-treatment and three deaths
in custody in national park detention facilities in 2006, one of them allegedly as a result of
torture. Two park wardens were detained in connection with the latter case.
C. CPN(M) and human rights
29.
In addition to provisions in the peace agreements, CPN(M) made other commitments to
respect human rights, including a 17 April 2006 statement declaring general respect for and
commitment to international humanitarian law and human rights norms, as well as
2 September 2006 directives for action to be taken against those responsible for beatings,
abductions, killings and forced donations. Conflict-related violations by CPN(M) ended after the
ceasefire, but in the following months there were serious concerns about abuses particularly
related to its “law enforcement” and “people’s courts” activities, as well as child recruitment.
Many of these concerns were raised in a report published in September 2006 in which OHCHR
called upon CPN(M) to end such abuses and hold those responsible accountable.
30.
After April, CPN(M) extended its parallel structures, most notably “people’s courts”, to
district headquarters and villages where they had previously not been present. Following a
3 July “special directive” by the CPN(M) chairman most of the “people’s courts” stopped
hearing complaints in district headquarters, but continued to function in rural areas and close to
district headquarters. OHCHR confirmed almost 350 reports of abductions, including some
30 children, carried out by CPN(M) from April to November. Since the signing of the
Comprehensive Peace Agreement, there was a sharp drop in abductions except in the
Central region where 36 abductions were confirmed up to 5 January. Most of those abducted
whose cases were monitored by OHCHR were released. Some remained in captivity after being
“sentenced”, usually to forced corrective labour.
31.
CPN(M) accusations against those abducted included robbery, murder, and drug-related
incidents. Some were accused of violating cultural traditions, mostly by engaging in “illicit
sexual relations”. A significant number of those abducted by CPN(M) were reportedly accused
of gender-based violence. A small number of abductees were reportedly held because of their
links with the army or previous regime.
32.
Abductees were often moved from one place to another, being held in private houses,
factories or other such buildings. At times, CPN(M) delayed OHCHR access to such captives,
especially in Kathmandu Valley. Cases of ill-treatment and torture were reported and OHCHR
sometimes witnessed injuries consistent with allegations. Some abuses were carried out by
CPN(M) organizations such as the CPN(M) trade union, All Nepal National Trade Union
Federation (Revolutionary), and the Youth Communist League.
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