Point no. 11
Please respond to reports that unlawful use of force and well-documented violations of the right to life by State agents, including extrajudicial killings and enforced disappearances, remain unpunished. Please provide information on the measures taken to prevent such cases, promptly and impartially investigate them, bring the perpetrators to justice and provide adequate remedies to victims or their relatives, including in the case of alleged extrajudicial killings by state security forces, as well as serious injuries inflicted during protests, in the Terai region. Has the State party set up a special investigative unit with sufficient independence to inquire into allegations of extrajudicial killings? Please also indicate whether human rights law, including the principles on the use of force and firearms, is a standard component of curriculums for law enforcement officials.
Response of the Nepal Government
Point no. 27
Extrajudicial killing is a crime under the prevailing law of Nepal and the GON has issued strict directives to all agencies concerned to protect human lives and punish those who commit such heinous crimes or are responsible for the commission of such acts. Likewise, some of the acts that amount to enforced disappearance such as kidnapping, abduction, and unlawful detentions have already been criminalized, and any person including security personnel is not immune from the ambit of law and justice. Any person including victim or his/her representative can lodge complaint to the competent authority against the alleged offender. The security personnel practicing unlawful use of force against public are accountable to law, and such accountability may result in departmental action or criminal charge as per the nature of the commission of offence. The GON is committed to conducting prompt and impartial investigation and bringing the perpetrators to justice. As the country is in a transitional phase and facing difficulties of prioritizing, there might have been some weaknesses but these cases would be addressed gradually. The entire State system should not be undermined and brought under blanket criticism. Any official acting beyond his or her jurisdiction in contravention of law is personally liable and the State machinery is competent to bring such official under the purview of justice. The GON does not justify extrajudicial killing on any ground and circumstances. Under the domestic law of Nepal, extrajudicial killing like murder or homicide is classified as State Case to which the State takes responsibility of investigation and prosecution under the State Cases Act, 1992. Any person on behalf of the victim can lodge first information report (FIR) at the nearby police station in case of extrajudicial killing. If the concerned official fails to register the FIR, the complainant can move to the higher officer or the Chief District Officer (CDO), and even to the court of law requesting mandamus against the official concerned. In addition, the Interim Constitution empowers the Attorney General of Nepal to examine the detention centre whether the detainee is facing any inhuman or degrading treatment or not. Likewise, the NHRC can, under the exercise of its wider mandate, conduct a range of inquires and investigations into the allegation of extrajudicial killing and unlawful use of force. Similarly, probe committees, from time to time have also been constituted to investigate into various allegations or cases concerning the violation of human rights by security personnel under the Inquiry Commission Act, 1970, and the reports of such committees have been implemented.
Please respond to reports that unlawful use of force and well-documented violations of the right to life by State agents, including extrajudicial killings and enforced disappearances, remain unpunished. Please provide information on the measures taken to prevent such cases, promptly and impartially investigate them, bring the perpetrators to justice and provide adequate remedies to victims or their relatives, including in the case of alleged extrajudicial killings by state security forces, as well as serious injuries inflicted during protests, in the Terai region. Has the State party set up a special investigative unit with sufficient independence to inquire into allegations of extrajudicial killings? Please also indicate whether human rights law, including the principles on the use of force and firearms, is a standard component of curriculums for law enforcement officials.
Response of the Nepal Government
Point no. 27
Extrajudicial killing is a crime under the prevailing law of Nepal and the GON has issued strict directives to all agencies concerned to protect human lives and punish those who commit such heinous crimes or are responsible for the commission of such acts. Likewise, some of the acts that amount to enforced disappearance such as kidnapping, abduction, and unlawful detentions have already been criminalized, and any person including security personnel is not immune from the ambit of law and justice. Any person including victim or his/her representative can lodge complaint to the competent authority against the alleged offender. The security personnel practicing unlawful use of force against public are accountable to law, and such accountability may result in departmental action or criminal charge as per the nature of the commission of offence. The GON is committed to conducting prompt and impartial investigation and bringing the perpetrators to justice. As the country is in a transitional phase and facing difficulties of prioritizing, there might have been some weaknesses but these cases would be addressed gradually. The entire State system should not be undermined and brought under blanket criticism. Any official acting beyond his or her jurisdiction in contravention of law is personally liable and the State machinery is competent to bring such official under the purview of justice. The GON does not justify extrajudicial killing on any ground and circumstances. Under the domestic law of Nepal, extrajudicial killing like murder or homicide is classified as State Case to which the State takes responsibility of investigation and prosecution under the State Cases Act, 1992. Any person on behalf of the victim can lodge first information report (FIR) at the nearby police station in case of extrajudicial killing. If the concerned official fails to register the FIR, the complainant can move to the higher officer or the Chief District Officer (CDO), and even to the court of law requesting mandamus against the official concerned. In addition, the Interim Constitution empowers the Attorney General of Nepal to examine the detention centre whether the detainee is facing any inhuman or degrading treatment or not. Likewise, the NHRC can, under the exercise of its wider mandate, conduct a range of inquires and investigations into the allegation of extrajudicial killing and unlawful use of force. Similarly, probe committees, from time to time have also been constituted to investigate into various allegations or cases concerning the violation of human rights by security personnel under the Inquiry Commission Act, 1970, and the reports of such committees have been implemented.
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