UN COMMISSION ON HUMAN RIGHTS EXPERTS REITERATE GRAVE CONCERN OVER SITUATION IN NEPAL

14 July 2004


The following statement was issued today by the Special Rapporteur on torture, Theo van Boven; the Special Rapporteur on violence against women, Yakin Ertürk; the Special Rapporteur on extrajudicial, summary and arbitrary executions, Asma Jahangir, the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Ambeyi Ligabo; the Special Representative of the Secretary-General on human rights defenders, Hina Jilani; the Chair of the Working Group on Enforced or Involuntary Disappearances, Diego García-Sayán, and the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, Leïla Zerrougui:

Eight independent experts of the United Nations Commission on Human Rights reiterate today their serious concern regarding the extremely grave human rights situation in Nepal.

The experts indicate that since the beginning of 2004, they have transmitted 146 urgent appeals and other communications to the Government of Nepal regarding reported violations of human rights. Many of the communications concern individuals arrested by security personnel, often on suspicion of supporting or being involved with activities of Maoist groups. It is reported that these individuals are subsequently taken to undisclosed locations, which puts the detainees at risk of being tortured or of suffering other forms of cruel, inhuman or degrading treatment, including rape. The experts regret that the Government has failed to respond to many of their appeals, and that it has provided virtually no information on the fate or location of people detained in unknown locations. The experts recall their previous public statements on human rights violations in Nepal issued on 12 November 2003 and 9 March 2004, as well as statements by the former acting High Commissioner for Human Rights made in the last year.

The experts also express serious concern over the significant increase in reports of abuses and attacks against civilians by insurgents.

The independent experts acknowledge the Government's Commitment on the Implementation of Human Rights and International Humanitarian Law announced on 26 March 2004. They strongly urge the Government to live up to its commitments and implement fully and without delay the 25 undertakings contained in this most important document. They welcome the establishment of an investigative commission under the Ministry of Home Affairs to probe the cases of disappearances, in accordance with point 22 of the Government’s Commitment. They emphasize the need for the Investigative Commission to address the serious issue of disappearances immediately.

The experts again urge all parties to the conflict to find a peaceful solution that would put an end to the widespread suffering in Nepal. In particular, the experts take this opportunity to urge the Royal Nepalese Army to cooperate with the courts and the National Human Rights Commission in providing information about the conditions and whereabouts of those held in its custody.

They recall Article 3 common to the four 1949 Geneva Conventions, which is binding on all parties to a non-international conflict, and enshrines the protection of life and the physical integrity of the human person, including the prohibition of cruel treatment and torture at any time in any place. Article 3 applies to all persons taking no active part in the hostilities, including members of the armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause. The experts also refer to international human rights norms that strictly prohibit the use of torture and other forms of ill-treatment under any circumstances. They recall that according to these general principles of international law, rape during armed conflict is considered to be a war crime and states have an affirmative duty to prevent, punish and prosecute perpetrators of such crimes at all times.

The independent experts call on all parties to the conflict to comply strictly with these international human rights and humanitarian norms.