A/HRC/7/68
page 10
37. Protection concerns were also raised regarding risks of violence and exploitation facing
children under 18 who participate in rallies and protests. At least five young people under 18
were killed, mostly by the police, and others injured in protests in 2007.
F. Right to liberty, physical integrity and due process
Arrest and detention by State authorities
38. During its regular visits to police stations and from other sources, OHCHR received
around 100 allegations of ill-treatment and sometimes of torture of criminal suspects, at
times witnessing injuries consistent with the allegations. Methods included beatings and
near-drowning. One detainee reportedly died as a result of torture in custody of the Nepal Police.
Several detainees were threatened to not talk to OHCHR and on several occasions detainees
were reportedly hidden prior to OHCHR visits. OHCHR also noted that certain practices
common during the conflict occasionally reappeared, mostly in connection with detained
individuals accused of belonging to armed groups. These included several cases of
unacknowledged detention, beatings, release in return for “surrender” (the detainee undertaking
not to rejoin the armed group), failure to observe court orders regarding releases and one case of
an extrajudicial execution after arrest.
39. The most serious case of illegal detention by police relates to four individuals accused of
involvement in the Kathmandu bombings. The four were held in secret, unacknowledged
detention for up to 11 days, during which police denied to OHCHR that they were holding them.
OHCHR was also initially denied access to them after their detention was acknowledged.
Despite OHCHR information confirming their arrest on 10 and 11 September, police
subsequently recorded the arrest date as the day they appeared before a judge. They were
reportedly beaten while held in unacknowledged detention, and reportedly signed, under duress,
confessions or documents which they were unable to read. These concerns were raised with the
highest police authorities.
40. The Armed Police Force became increasingly involved in arrests related to armed groups,
and some detainees were illegally held and interrogated by them. The Armed Police Force does
not have the power to detain or interrogate, nor do they have detention facilities or registers, thus
creating the conditions for violations of the right not to be arbitrarily detained and the right to
due process. In December 2007, in response to the activities of armed groups and criminal gangs,
special task forces, which included Nepal Police and Armed Police Force personnel, were
deployed to eight Terai and three Kathmandu districts. Arrests of suspected criminals, including
alleged armed group members, were made by the special task forces. At times, the obligation to
respect legal procedures, especially arrest and detention procedures, appeared to be subordinated
to the need for rapid, visible results in tackling insecurity. Some detainees were also allegedly
beaten. However, measures have not amounted to the indiscriminate crackdown that was
originally feared. Senior police officials have informed OHCHR that they are making efforts to
address violations, but those efforts need to be considerably reinforced to eradicate the practices
and to institutionalize changed behaviour.
41. Although the majority of CPN(M)-linked detainees arrested during the conflict and
imprisoned under the Terrorist and Disruptive Activities (Control and Punishment) Ordinance
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