By Rajendra Ghimire

Nepal is passing through a difficult time in its history. The present conflict has affected our society, communities, national economy, quality of governance, and basic human rights of the people. The conflict has taken life of more than 12,000 people, thousands of people have been tortured and forced to displace from their places. Torture in Nepal is routinely and systemically practiced throughout time and there is no proper documentation and investigation of torture events in the country from government side. Torture in Nepal is being from long ago but the ongoing armed conflict has escalated the cases torture significantly

We can divide torture as physical, psychological and sexual torture but this division is only for academic discussion. On the eye of law all forms of torture are illegal and even some international conventions defined torture is as crime against humanity. In this conflicting situation some of the most widely used forms of torture in Nepal are:

beating on soles of feet (Falanga), random beating, electric shocks, being hooded or blindfolded, rolling a weighed stick along the victim’s thighs causing muscle damage (belana), burning with cigarette and forcing the detainee to assure awakened and painful posture (e.g. chicken posture). Animals, insects, even needles are also commonly applied as tools of torture. Other forms of torture applied to harm the victim psychologically include threats, deprivation of food, and drink, forcing to consume excreta, forcing to remove ‘sacred thread of the upper caste detainees, long-term isolation, confinement in a dark room and inflicting loud noise .

A study jointly conducted by National Human Rights Commission and CVICT Nepal has shown that torture is widespread in Nepal despite the constitutional guarantee and ratification or accession of several international human rights treaties including the ICCPR and CAT and the report has pointed out the prevalence of impunity. Likewise UN Special Rapporteur on torture, Manfred Nowak, stated on 16 September 2005 after a field visit to the country, ‘Torture and ill treatment is systematically practiced in Nepal by the police, armed police and RNA in order to extract confession and to obtain intelligence, among other things.’

On 10 April 2005 , Nepal government signed an agreement with the UN High Commissioner for Human Rights concerning the establishment of an office in Nepal , after a huge pressure from Nepali civil society and the international community. The Office of the High Commissioner for Human Rights (OHCHR) has stated in its recent report that:

OHCHR-Nepal received reports of human rights violations by state authorities in the conduct of the armed conflict as well as violations of democratic rights, including extra judicial executions, killings of civilians and the failure to protect civilians, disappearance, arbitrary arrest and detention,
torture, threats, and violation of the right to freedom of expression, freedom of assembly and freedom of association . The report further states numerous reports, including complaints to OHCHR Nepal indicate wide spread use of torture, including torture of suspect Maoist and in criminal suspects, in both army barrack and police custody. In many cases, victims were severely and repeatedly beaten .

The OHCHR Nepal further states Human rights defenders are among those particularly targeted by the arrests, detentions and travel restrictions imposed by the government after 1 February 2005 , as well as sometimes targeted by CPN M and continue to be the subject of threats. The work of human rights defenders is essential in monitoring, addressing and recording the ongoing human rights situation.

According to the United Nations Working Group on Enforced and Involuntary Disappearances (WGEID), in 2003 and 2004 Nepal recorded the highest number of new cases of disappearances in the world. Nepal ’s National Human Rights Commission (NHRC) has received reports of 1,234 cases of “disappearance” perpetrated by security forces since May 2000. From the beginning of civil war in 1996 to 30 March 2005, 1232 cases of disappearances have been reported.

On its thirty-fifth session in Geneva from 7 th to 25 th November 2005 considering Nepal’s periodic report, the Committee against Torture has shown grave concern about exceedingly large number of consistent and reliable reports concerning the widespread use of torture and ill treatment by law enforcement personnel, and in particular the Royal Nepalese Army, the Armed Police Force and the Police, and the absence of measures to ensure an effective protection of all members of society. The Committee recommended that t he State party should make a public condemnation of the practice of torture and take effective measures to prevent acts of torture in any territory under its jurisdiction. The State party should also take all measures, as appropriate, to protect all members of society from acts of torture.

A torture victim showing scars of beating on the back. (Photo courtesy: CVICT Nepal)

A torture victim showing scars of beating on the back. (Photo courtesy: CVICT Nepal)
The Committee expressed concern about the marked weakening of the independence and effectiveness of the judiciary in the State party, contemptuous non-compliance of Court orders by members of security forces, including allegations of re-arrests, including within the premises of the Supreme Court. Among other things The Committee has expressed its serious concern about High number of prisoners on remand in places of detention, Systematic use of army barracks for detainees awaiting trial or in preventive detention, lack of systematic and official records regarding the arrest and detention of persons, serious allegations of continued use of incommunicado detentions and the lack of information on the exact numbers of detention places and other detention facilities, allegations of non-compliance with writs of habeas corpus by Courts, lack of a well-functioning juvenile justice system in the country, with children often being subjected to the same procedures, laws and violations as adults, in particular, the Committee is concerned about allegations of children being held under Terrorist and Disruptive (Control and Punishment) Ordnance of 2004 for prolonged periods of time, in a number of instances, national and international monitors were not granted either access to places of detention or sufficient cooperation in their fact-finding visits. The Committee is further concerned about the adoption of the new Code of Conduct for Non-Governmental Organizations, which will, inter alia, severely limit the monitoring capacity of NGOs.

Considering the situation of impunity, the Committee noted the prevailing climate of impunity for acts of torture and ill treatment and the continued allegations of arrests without warrant, extrajudicial killings, deaths in custody and disappearances.