A/HRC/4/97
page 8
APF continues to be assigned policing functions despite a demonstrated and acknowledged lack
of training to perform this role. OHCHR training for APF has sought to address human rights
issues, particularly regarding the appropriate use of force, but the law enforcement role of APF
needs further clarification.
B. Detention and torture
22.
Conflict-related arrests under TADO and also political arrests under PSA have stopped
since the ceasefire. The only exception under PSA was the detention of the former Home,
Foreign and Communication Ministers and two other former officials in May. OHCHR
criticized the new Government for using the same arbitrary measures as the previous
Government at a time when it should be setting new standards. All were eventually released by
court order and PSA has not been applied since. The Government has given assurances that it
will not be “misused while maintaining law and order”. Demonstrators, including civil society
activists, were arrested by police briefly while holding a peaceful sit-in outside the
Prime Minister’s residence in January 2007.
23.
The majority of alleged members or sympathizers of CPN(M) who had been held under
TADO were released. According to the Government, 1,082 TADO detainees were released,
692 from preventive and 390 from pretrial detention. OHCHR interviewed 336 TADO detainees
in private in five High Security Centres in Morang, Kaski, Kathmandu, Dang and Kanchanpur
Districts. The main findings of the review showed serious violations, including illegal arrests
and detention, as well as disregard for fundamental due process guarantees. Many alleged they
had been tortured in army barracks before transfer to prison.
24.
OHCHR is presently assessing the legality of the current detention of previous TADO
detainees or other CPN(M) associated detainees now held for ordinary criminal offences. It is
also examining whether they might have been charged with offences which would amount to
violations of humanitarian or human rights law. A few cases concern juveniles who were
among some 100 children whose detention under TADO had been documented
(see E/CN.4/2006/107, para. 68).
25.
Following the release of most TADO detainees, detainees held for common crimes
around the country began protests, including hunger-strikes and destruction of prison
infrastructure, calling for a general amnesty for all prisoners. Detention conditions are often
overcrowded and inadequate. OHCHR is continuing periodic visits to ensure appropriate
interventions regarding improvements in prison conditions and accountability with regard to
abuses occurring inside prisons, in particular in relation to the system of using prisoners to
maintain internal discipline.
26.
Police detention of criminal suspects has yet to be assessed systematically by OHCHR in
terms of respect for human rights of detainees. Nevertheless, cases of ill-treatment and torture of
criminal suspects were documented. OHCHR was particularly concerned about the death in
custody of an Indian national in October 2006, reportedly as a result of torture. A police officer
was suspended but not charged. In October also, one individual was shot dead by the Nepal
Police as he was being arrested. Investigations carried out by OHCHR challenged the official
version that he had been shot in self-defence.
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