A/HRC/13/73
Government made substantial, positive changes to the draft, which is expected to be sent to
the Council of Ministers and then the Legislature-Parliament for approval. The Government
is confident that the process of approving the draft bills on the establishment of a
commission on inquiry on disappearances and a truth and reconciliation commission will be
finalized soon. OHCHR, through the implementation of a United Nations Peace Building
Fund project, has been providing assistance to the Ministry.
35.
The Government continues to distribute interim financial relief to families of
individuals who were killed or disappeared during the conflict. Though the distribution of
relief has been uneven, victims groups have had some success in securing relief for their
members and relief payments have had a positive impact on many conflict-affected
families. According to the Government, to date more than 1.43 billion rupees have been
provided as interim relief payment to victims and their families. There remains a need for
the Government to develop a comprehensive reparations policy.
3.
Public security and human rights
36.
The Nepal Police and the Armed Police Force continue to make efforts to integrate
human rights principles into their training and orientation programmes, including the
dissemination of a Nepal Police standing order on human rights and Armed Police Force
human rights handbook, developed with the support of OHCHR.
37.
However, Nepal continues to experience serious challenges to law and order,
particularly in the southern Tarai plains where armed groups engage in threats, extortion
and abductions for ransom. In addition, the UCPN-M affiliated Young Communist League
and other youth wings associated with political parties continue to engage in criminal
activities, with little fear of being held accountable for their actions. In response to the
deteriorating public security situation, the Government announced a new special security
plan in July 2009 which includes an expansion of the Armed Police Force and an overall
increase in police presence in troubled districts. The Government has indicated that violent
criminal activity in some parts of the country has decreased since the Government began
implementation of the plan.
38.
In this context of poor public security and weak rule of law institutions, allegations
of extra-judicial killings during “encounters” between police and members of armed groups
continue to be reported. Though the Government is reluctant to acknowledge that extrajudicial killings may have been committed by members of the security forces, OHCHR has
documented over 30 credible allegations of extra-judicial killings attributed to the police in
2008 and 2009. While some observers have linked recent killings to more aggressive
policing under new Government security policies, there is to date no clear evidence that
these are a direct consequence of the special security plan. In many of these cases, police
refused to register complaints from victims’ families or conduct investigations. To date no
one has been held criminally responsible for any of these alleged extra-judicial killings.
OHCHR has urged the Government to set up a special investigative unit with sufficient
independence to inquire into these grave allegations.
39.
Political interference in the work of the police, prosecutors and judges remainsof
concern. OHCHR has documented numerous cases in which political parties at the local
and national levels have exerted pressure on the authorities to secure the release of criminal
suspects with political connections or have otherwise obstructed criminal proceedings. The
Government continues to withdraw criminal cases that it characterizes as “politically
motivated”, including charges for serious crimes such as murder. Such recent actions
follow the withdrawal of hundreds of criminal charges in 2008, which drew widespread
criticism from civil society and the international community. OHCHR continues to work
closely with partners in the criminal justice system and to call on political actors to respect
the integrity of all criminal proceedings and strengthen the rule of law.
9
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