The entrenched impunity for past crimes committed allows for ongoing human rights violations in the country. The stakeholder submission details Nepal’s systemic practice of torture in detention and the lack of implementation of recommendations by the Committee against Torture. Nepal has neither passed legislation that criminalizes torture, nor has it put a system in place that allows for meaningful redress or adequate compensation for torture victims.
The Asian Legal Resource Centre (ALRC) and the Transcultural Psychosocial Organization (TPO Nepal) have prepared this report in relation to the upcoming second cycle of Universal Periodic Review (UPR) to be held on 4 November 2015. It presents the institutional and legal realities of torture and ill-treatment in Nepal.
Though the government was quite positive to address the EJKs during the previous UPR recommendation number 107.15, at least four EJKs in the Terai region since 28 March 2014 indicate that there is a re-emerging trend of EJKs after a gap of several months since the last recorded case. These victims are Madhu Tajpuriya from Morang , Chhatu Sahani from Sarlahi, Rajaram Jha from Dhanusha, and Jaya Narayan Patel from Bara. This trend of EJKs by security forces persists despite the previous recommendations of the UN Human Rights Committee and UN OHCHR.
We call for the return of the disappeared to their families, and remind the Bangladeshi authorities of their responsibility to fully investigate and ensure justice for these crimes. Bangladesh has ratified the Rome Statute of the ICC; therefore it legally recognizes enforced disappearance as an international crime, and is bound to ensure accountability.
Date: 21 September 2015 HRC Section: Agenda Item 4 General Debate Speaker: Ms. Vani Selvarajah Joint Oral Statement to the 30th Session of the UN Human Rights Council Regular Session by Lawyers’ Rights Watch Canada, Lawyers for Lawyers and the Asian Legal Resource Centre, NGOs with Special Consultative Status China: Crackdown on lawyers and other advocates violates international law obligations. Mr. President, Lawyers Rights Watch Canada, Lawyers for Lawyers and the Asian Legal Resource Centre call on Council to address the ongoing wrongful arrests and detentions in China of lawyers engaged in human rights work. . Since the beginning of July over 284 human rights lawyers, their staff and […]
Indonesian legal system does not have a special law procedure which regulates pre-trial mechanism, and which can challenge whether or not arrest or detention has been lawful. Therefore, the accused or suspects face difficulty in exercising their rights with regard to the due process of law. This needs to be addressed not only by lawmakers but also by the wider Indonesian society and the international community, considering the scale and frequency of arbitrary arrest and detention that continue to occur in Indonesia. An Open Letter from the Asian Human Rights Commission (AHRC) to the Chairperson Working Group on Arbitrary Detention, Mr. Mads Andenas Mr. Mads Andenas Chairperson Working Group on […]
Indonesia’s present government also does not have any plans to work on the issue of disappearances. Moreover, the Indonesian Penal Code (KUHP) does not regulate and prosecute enforced disappearances.
Ask the Government of India to not utilize the Supreme court granted exception of entering manholes in special cases with prior written orders from the Chief Executive Officer of the concerned civic body(with full protective gears). Instead, adoption of scientific technology to clean sewers must be introduced by the Government of India.
The Bangladesh Judiciary has contributed to the recurrence of enforced disappearances by abdicating its constitutional authority and responsibility to guarantee the right to life and personal liberty of persons.
It is tragic that the circumstances of human rights abuse victims in Indonesia are totally different to that of the alleged perpetrators. The perpetrators have never been brought to court and are enjoying transitional democracy by establishing political parties and running for elections.
