Convention
Abbreviation:
CAT
COMMITTEE AGAINST TORTURE
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
Nepal
138. The Committee considered the initial report of Nepal (CAT/C/16/Add.3)
at its 179th and 180th meetings, on 21 April 1994 (see CAT/C/SR.179
and 180), and adopted the following conclusions and recommendations:
A. Introduction
139. The Committee commends the Kingdom of Nepal for its timely report.
The report was scant on detail and did not follow the guidelines of
the Committee (CAT/C/4/Rev.2). It was, however, supplemented by additional
information provided during the oral introduction.
B. Positive
aspects
140. Nepal is taking positive steps to meet its obligations under the
Convention and has in place the democratic institutions necessary to
do so. This is all the more impressive in the light of the lack of economic
resources that the country has.
141. The Committee notes that Nepal is currently considering legislation
incorporating a crime of torture into its domestic law and is also enacting
a compensation scheme.
C. Subjects
of concern
142. The Committee is concerned that the proposed definition of torture
is not as wide as that required by article 1 of the Convention.
143. The Committee is also concerned that the capacity to collect the
data necessary to carry out its reporting functions under Article 19
of the Convention may also be lacking.
144. The Committee is also concerned to note that several cases of police
maltreatment of prisoners and asylum-seekers have been reported by non-governmental
organizations and the Special Rapporteur of the Commission on Human
Rights on questions relating to torture, but no evidence has been produced
of criminal prosecution of such officers.
D. Recommendations
145. The Committee recommends that an additional report setting out
in full answers to the questions raised by the Committee, and any other
pertinent information to be prepared by Nepal be forwarded to the Committee
within 12 months. Such additional report is to follow the guidelines
laid down by the Committee.
146. The Committee encourages Nepal to enact legislation incorporating
the definition of torture as contained in the Convention as soon as
possible, together with ancillary compensation legislation.
147. The Committee also recommends that a vigorous programme of education
be undertaken with police officers and border guards, so that they may
more readily understand their obligations as agents of the State pursuant
to the Convention.
