A/HRC/13/31
Observations
390. The Working Group reminds the Government of its obligations under the
Declaration: no State shall practice, permit or tolerate enforced disappearances (art. 2), each
State shall take effective legislative, administrative, judicial or other measures to prevent
and terminate acts of enforced disappearance in any territory under its jurisdiction (art. 3),
the obligation to investigate all cases of enforced disappearances (art. 13.1), each State shall
ensure that the competent authority shall have the necessary powers and resources to
conduct the investigation effectively, including powers to compel attendance of witnesses
and production of relevant documents and to make immediate on-site visits (art. 13.2),
protection against ill-treatment and reprisals (art. 13.3), and to conduct thorough and
impartial investigations “for as long as the fate of the victim of enforced disappearance
remains unclarified” (art. 13.6).
391. The Working Group calls upon the Government to sign and ratify the International
Convention for the Protection of All Persons from Enforced Disappearance and accept the
competence of the Committee under articles 31 and 32.
Nepal
Number of
outstanding
cases at the
beginning of
the period
under review
Cases transmitted to the
Government during the period
under review: 22
Cases sent
under the
urgent action
procedure
Cases sent
under the
standard
procedure
0
22
436
Number of cases on which the
Government has replied
0
Cases clarified during the period
under review: 0
Government
Nongovernmental
sources
Number of
outstanding
cases at the end
of the year
under review
0
0
458
Multiple replies on some cases
Number of cases of possible
clarification by Government (6month rule)
N/A
0
General allegations
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes
Government response
Yes
Standard procedures
392. The Working Group transmitted 22 newly-reported cases to the Government. These
cases took place in Bardiya district between 1998 and 2004. The Army as well as the police
are believed to be responsible for these disappearances.
Information from the Government
393. The Government transmitted one communication on 2 October 2009, concerning the
request of the Working Group to visit the country.
84
GE.09-17704
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