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Torture is a serious human rights problem in the world. Despite the absolute prohibition under the Convention against Torture (cat) and other international law, torture is still practiced in many parts of the world. The widespread prevalence of torture is a source of concern. Nepal is a party to the cat. The Interim Constitution of Nepal guarantees the rights against torture as fundamental rights. However, reports from various organisations provide chilling records and case studies about the widespread use of torture. The increasing link between national and international human rights organisations put pressure to the government to cease torture in practice. Strong political commitment, anti-torture measures along with addressing root-causes of torture are essential to protect the right to freedom from torture. This article examines the complexity of commitment and practical implementation of the cat in the least developed country of Nepal. The aim of the article is to contribute to reforming the normative framework and to make the government accountable for the prevention of torture.
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12
Advocacy Forum Report 2013, supra n. 4, at 13; Amnesty International ‘Nepal: The Search for Justice’ 2013, supra n. 4, at 12; ahrc, 2013 supra n. 4, at 13–18.
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51
Interim Constitution of Nepal 2007, art 131.
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55
Evidence Act 1974, s 9(2), Nepal.
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56
Nepal Children Act 1994, s 7, Nepal.
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58
Anti-Torture Bill 2011, s 23, Nepal.
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67
Armed Police Force Act 2001, s 26, Nepal.
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68
Nepal Army Act 2006, s 22, Nepal.
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69
Forest Act 1993, ss 15,55,65, Nepal.
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70
Public Security Act 1989, s 24, Nepal.
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72
Custom Act 2007, s 40 (1), Nepal.
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73
Arms and Ammunition Act 1962, ss 5,6, Nepal.
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74
Narcotic Drugs (Control) Act 1976, s 8, Nepal.
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76
Public Offence Act 1970, s 4, Nepal.
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78
Public Security Act 1989, s 5, Nepal.
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79
Local Administration Act 1971, s 6(b), Nepal.
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83
Interim Constitution of Nepal 2007, Art 31.
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84
Extradition Act 1988, s 12, Nepal.
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85
Immigration Act 1992, s 9, Nepal.
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102
Advocacy Forum Report 2013, supra n. 4, at 92; Advocacy Forum report 2008, supra n. 24, at 30.
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124
Amnesty International (2009), supra n. 16: Sharma, supra n. 16, at 7.
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151
Evidence Act 1974, s 9(2) Nepal.
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159
Advocacy Forum Report 2013, supra n. 4, at 13.
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160
Advocacy Forum 2008, supra n. 24 at vii.
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Search for other papers by Hemang Sharma in
Current site
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Torture is a serious human rights problem in the world. Despite the absolute prohibition under the Convention against Torture (cat) and other international law, torture is still practiced in many parts of the world. The widespread prevalence of torture is a source of concern. Nepal is a party to the cat. The Interim Constitution of Nepal guarantees the rights against torture as fundamental rights. However, reports from various organisations provide chilling records and case studies about the widespread use of torture. The increasing link between national and international human rights organisations put pressure to the government to cease torture in practice. Strong political commitment, anti-torture measures along with addressing root-causes of torture are essential to protect the right to freedom from torture. This article examines the complexity of commitment and practical implementation of the cat in the least developed country of Nepal. The aim of the article is to contribute to reforming the normative framework and to make the government accountable for the prevention of torture.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1668 | 65 | 4 |
| Full Text Views | 297 | 0 | 0 |
| PDF Views & Downloads | 30 | 1 | 0 |
