A/HRC/4/97 page 13 Commission of Inquiry should be made up of parliamentarians, civil society members and human rights defenders and should be given the authority to probe into the acts of the Nepalese Army, identify perpetrators and recommend punishment for those found guilty. 46. As of January 2007, OHCHR had not received any detailed written response from the Government to a report it submitted in late May 2006 documenting the arbitrary arrest, torture and disappearance of at least 49 people held by the Bhairabnath Battalion in Maharajgunj, Kathmandu in late 2003 and early 2004. The Nepalese Army indicated that it was investigating the cases and provided information on a few individuals. OHCHR confirmed that two detainees had been released and that the body of another was handed over to the family. However, in another case, it found evidence contradicting the Nepalese Army’s claims that the victim had died in a bomb explosion. The Nepalese Army did not transmit to OHCHR the report of its task force set up to investigate the 49 cases. 47. In September, in addition to the 49 above-mentioned cases, OHCHR submitted some 330 past cases of disappearances to the relevant security forces and to the United Nations Working Group on Enforced and Involuntary Disappearances. The Nepalese Army provided a response on 42 out of 315 cases which it said were clarified. In all but one of the cases followed up subsequently, OHCHR found no evidence to support the army’s version that they had either been killed in security force operations with CPN(M) or released. OHCHR does not consider the Nepalese Army’s investigations to be transparent or impartial and is continuing to press for an independent commission of inquiry into all cases. 48. A one-person Disappearances Committee was established by the Home Ministry in early June 2006. He presented his preliminary findings to the House of Representatives’ Committee on 25 July, stating that the fate or whereabouts of more than 100 disappeared persons had been established as either “released” or “killed in crossfire” according to information provided by the security forces. A further 601 people remain unaccounted for. However, he stated that he did not have the capacity to carry out investigations. 49. Strengthening the legal framework to reinforce accountability for any future violations must also be addressed. OHCHR submitted recommendations related to impunity to the Drafting Committee and to the Speaker of the House of Representatives on concerns regarding an Army Bill under review. On 22 September 2006, the bill was unanimously adopted. Notably, the new Act provides for the exclusive jurisdiction of civilian courts in cases of rape and murder. However, the provisions give court martials jurisdiction over cases of torture and disappearance with the possibility of appeal to the Supreme Court, and may allow the military, instead of civilian courts, to exercise jurisdiction over Nepalese Army personnel who commit other serious human rights violations. The Act requires the Nepalese Army to cooperate with civilian authorities empowered to investigate military personnel who commit serious human rights violations, but fails to specify the individual rights of defendants in court martial proceedings to ensure a just and fair trial. OHCHR also recommended the ratification of the Rome Statute of the International Criminal Court. A directive was issued by the House of Representatives on 25 July 2006 ordering the Government to sign the Statute immediately. As of January 2007 a task force report on the matter was being considered by the Deputy Prime Minister and the Minister of Foreign Affairs.