Nepal: Preventive Detention Monitoring

Tuesday, August 5, 2008

From 28 July - 6 August the APT visited Nepal to conduct a series of detention monitoring workshops in Kathmandu and Nepalgunj, in cooperation with Advocacy Forum and the Field Office of the UN High Commissioner for Human Rights. The workshops, attended by representatives of the National Human Rights Commission, Nepal Bar Association and human rights NGOs active in this field, sought to increase the capacity to effectively monitor all types of detention facilities. In addition to the practical aspects of detention monitoring, participants discussed other measures to prevent torture and other forms of ill-treatment, such as the need to make torture an enforceable crime in Nepali penal legislation and the possible ratification of the OPCAT.In the context of this joint project, the APT's Monitoring Places of Detention: A Practical Guide was translated into Nepali. On 5 August, this new version was launched in the presence of high-level government officials and diplomats.


Date:
28 July - 06 August 2008
Place:
Kathmandu and Nepalgunj, Nepal
Partners:

Advocacy Forum

Office of the UN High Commissioner for Human Rights in Nepal

National Human Rights Commission of Nepal

Purpose:
To promote increased prevention of torture and other forms of ill-treatment through the ratification and implementation of the OPCAT.
Activities:
  • Translation of the APT Guide on Monitoring Places of Detention into Nepali.
  • Organisation of two 2-day workshops on methodology of visits to places of detention for NHRC commissioners & staff alike, members of the Nepal Bar Association and relevant NGO representatives.
  • Organisation of targeted working meetings with key government agencies on the OPCAT and its implications for Nepal.
  • Providing comments on draft anti-torture legislation and monitoring of its adoption process.
Expected Outcome:
  • The government of Nepal will propose amendments to its Penal Code, its Criminal Procedure Code and other relevant pieces of legislation that are in compliance with the UN Convention against Torture.
  • Increased understanding of the content of the OPCAT and its signature by Nepal before the end of 2008.
  • Identification of practical steps needed to be taken to further prevent torture in the country.
  • Increased ability of the NHRC commissioners and staff to conduct visits to all types of places of detention and make sound recommendations on the basis of their observations.
Next Steps:

Advocacy Forum, OHCHR-Nepal and the International Commission of Jurists will spearhead the creation of a Working Group on Torture that will be responsible for monitoring progress on anti-torture legislation and advancement of the OPCAT ratification process. The APT will support the efforts of this working group whenever deemed appropriate.

The APT will consider the possibility of providing the Nepalese government with expertise on the setting up of a National Preventive Mechanism under the OPCAT.

Documents:
Monitoring Places of Detention: A Practical Guide (Nepali)
Contact Persons:

Barbara Bernath, APT Detention Monitoring Programme Officer

Philippe Tremblay, APT Asia-Pacific Programme Officer

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