Incident Reports

10 amendments proposed to Bill against torture

2016-09-05

Ten amendments to the Anti-torture Bill registered within a 72-hour deadline will be forwarded to the State Affairs Committee for clause-wise discussion that begins on Monday. Lawmakers, in their amendment proposals, have suggested that any foreign national who tortures a Nepali citizen abroad should be brought within the ambit of the law. Besides, the bill should also include a provision requiring Nepali authorities to prosecute all individuals accused of torture or to extradite the person to another country for prosecution, irrespective of their nationality and where the crime was committed. These provisions are in line with the universal jurisdiction as stated in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which Nepal is a signatory. Article 5 (2) of the CAT requires a signatory state to take measures to establish its jurisdiction over such offences. The bill was registered in the Parliament Secretariat two years ago after the arrest of Nepal Army Colonel Kumar Lama in the UK under the universal jurisdiction. The law was essential for initiating a process to repatriate Col Lama from the UK. Rights defenders have been demanding that the non-state actors should be brought under the ambit of the law and removal of the statute of limitation.

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