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It has been demanded to establish an independent mechanism for monitoring and investigation and to ensure justice in cases of deaths due to excessive torture in police custody and prisons.
Amnesty International and Advocacy Forum Nepal issued a statement on the International Day in Support of Victims of Torture on Thursday, expressing serious concern over the government's continued failure to address serious abuses in detention and prisons and demanding an independent investigation.
They have also called for an end to the use of torture as a means of law enforcement and for immediate concrete action to ensure accountability for such violations.
The Constitution of Nepal, the Criminal Code, 2074 and the United Nations Convention against Torture ratified by Nepal strictly and completely prohibit torture. But the government has not been able to effectively prevent torture and abuse at the practical level. The Civil Penal Code has made clear legal provisions for the offense of torture with imprisonment of up to five years. But so far, not a single case of torture has been found under this provision. It seems that impunity is gaining strength in cases of torture.
Amnesty International and Advocacy Forum have demanded that the statute of limitations set for filing complaints in such cases be canceled and the Criminal Code be brought in line with international human rights laws and standards.
Similarly, they have also demanded from the government to conduct a full, impartial and independent investigation of all past and present allegations of torture and cruel, inhuman or degrading treatment under international law, and to prosecute the suspects of crimes in a competent, independent and impartial civil court through a fair trial in accordance with international standards when there is sufficient admissible evidence.
Amnesty International and Advocacy Forum have also demanded to ensure regular and independent monitoring of all detention centers by government officials and civil society representatives. They have also demanded to publish classified data annually and to publish the status of investigation in each case.
These two organizations have expressed their concern that due to the gap between law and law enforcement, cases of torture and ill-treatment are occurring in Nepal, including police stations, juvenile correctional facilities, prisons and other detention and detention centers, including death in most cases.
Director of Amnesty International Nepal Nirajan Thapalia said that although torture is a serious violation of human rights and a crime, the victims are not getting justice. “Torture is not only a serious violation of human rights, it is a crime. which undermines the rule of law and public trust. Authorities' reluctance to hold perpetrators accountable encourages further abuse. It should be stopped immediately,' he said.
According to the National Human Rights Commission, there were 55 complaints of torture in 2024. Last time, 28-year-old Harish Singh Pali was found unconscious in the police custody of Kailali on 3rd June 2082. He died the same night during treatment at a local hospital. A police sub-inspector has been arrested following a complaint by Pali's family. But there is no certainty of action against him.
Vinod Tolangi and Akash Balami died in Sankhuwasabha Jail in 2080 Shravan due to brutal beating by police officers and other inmates. Although civil society has recommended strict action, no criminal accountability has been ensured against the alleged perpetrators of the incident.
Similarly, in Shravan 2077, 19-year-old Dalit youth Vijay Mahara died due to torture while in police custody in Rautahat. He was allegedly beaten with sticks and boots and given electric shocks. Before his death, Mahara recorded a video and gave a statement about his torture and an arrest warrant was also issued against the accused policemen. But till date no one has been arrested and the case is still pending.
