Rights against Torture in Nepal

Commitment and Reality

in International Human Rights Law Review
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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.

Rights against Torture in Nepal

Commitment and Reality

in International Human Rights Law Review

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References

12

Advocacy Forum Report 2013supra 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.

51

Interim Constitution of Nepal 2007art 131.

55

Evidence Act 1974s 9(2) Nepal.

56

Nepal Children Act 1994s 7 Nepal.

58

Anti-Torture Bill 2011s 23 Nepal.

67

Armed Police Force Act 2001s 26 Nepal.

68

Nepal Army Act 2006s 22 Nepal.

69

Forest Act 1993ss 155565 Nepal.

70

Public Security Act 1989s 24 Nepal.

72

Custom Act 2007s 40 (1) Nepal.

73

Arms and Ammunition Act 1962ss 56 Nepal.

74

Narcotic Drugs (Control) Act 1976s 8 Nepal.

76

Public Offence Act 1970s 4 Nepal.

78

Public Security Act 1989s 5 Nepal.

79

Local Administration Act 1971s 6(b) Nepal.

83

Interim Constitution of Nepal 2007Art 31.

84

Extradition Act 1988s 12 Nepal.

85

Immigration Act 1992s 9 Nepal.

102

Advocacy Forum Report 2013supra n. 4 at 92; Advocacy Forum report 2008 supra n. 24 at 30.

124

Amnesty International (2009) supra n. 16: Sharma supra n. 16 at 7.

151

Evidence Act 1974s 9(2) Nepal.

159

Advocacy Forum Report 2013supra n. 4 at 13.

160

Advocacy Forum 2008supra n. 24 at vii.

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