HEADLINE NEWS THE RISING NEPAL (DAILY)

Mechanism to prevent torture discussed

BY STAFF REPORTER

Kathmandu, Sept.8 Human Rights leaders, jurists, advocates and government representatives met here today to discuss human rights abuses specially the torture with a view of suggesting measures to strengthening safeguards against inhuman and degrading treatment inflicted on a person placed in custody or detention.

Legal luminaries, human rights activists and representatives of social action groups from South Asia and Europe participation in two day South Asia Seminar on Prevention of Torture organized by Nepal Law Society and the Geneva based Association for the Prevention of Torture (APT) presented the widespread and endemic abuse of Human Rights through perpetration of torture and recommended several action measures in curbing the menace.

Opening the seminar Chief Justice of the Supreme Court of Nepal, Keshav Prasad Upadhyaya referred to the body of the provisions enshrined in the constitution of the Kingdom of Nepal and remarked "The right to life, freedom from torture or cruel, inhuman or degrading treatment, the right to liberty and security of persons and freedom from arbitrary arrest and detention constitute sum of the core values of human rights incorporated in the basic law of the land".

Ponting out the state’s obligation to promote and protect human rights as a signatory of international human rights instruments, Chief Justice Upadhyaya observed "At the domestic level there exists a sort of insensitiveness among various stakeholders with regard to effective implementation of the treaty provisions as well as the provision of the domestic law relating to human rights".

In the suggestive tone, the Chief of the Nepalese apex court said "abidance of domestic and international human rights norms is no doubt important but what we should emphasize is a purposeful positive action and strengthening of the available resources whereby not only law abidance is ensured but good behavior among various stakeholders is guaranteed.

Delivering his observation, chairman of Human Rights Commission of Nepal Nayan Bahadur Khatry referred to the National Human Rights institutions set up in Nepal and said "The commission has come into being to supervise and give caveat against infringement of basic human rights of every citizen."

Relating to the relevant provision of the law for relating to the compensation for the victim of torture enacted in 1996, Chairman Khatry remarked "While the provisions can be expected to serve as effective deterrence against the irresponsible and inhuman behaviors "but" there is no legal provision for actually punishing the offenders involved in the infliction of torture.

Minister of State for Science and Technology Surendra Prasad Choudhary told of the government commitment to human rights and emphasized "Nepal has been making various efforts for the protection and promotion of human rights of every citizen. Discussing the socio-economic constraints for enjoyment of human rights he said "Human rights and economic development are relative and interdependent."

Home Secretary Padam Prasad Pokharel said "mere law connot abolish torture."

Prof. Dr. Walter Kaelin, Vice-President of the Geneva bassed Association for Prevention of Torture and internationally known expert of humanitarian law aptly remarked about the occurrence of torture saying "Torture happens in the isolation of the interrogation room where the victim becomes a faceless object for torture."

Pointing out the objective of the South Asia level seminar the erudite Swiss professor put "We would like to send out not a depressing but an optimistic message, that is, torture is not a fate, it is not part of the human condition. The opposite is true: Torture can and must be prevented."

Speaking from the chair President of the Nepal Law Society, Churamani Raj Sinha Malla culled from the oriental text and said "Inflicting of pain and torture is a sinful act". He added

"Prevention of torture needs multidisciplinary approach and hoped the seminar would contribute to suggesting appropriate mechanism to prevent torture."

Secretary of Nepal Law Society Anup Raj Sharma proposed vote of thanks to all the guests and participants while Anil Kumar Sinha moderated the opening session of the seminar.

At the discussion session representatives of India, Bangladesh, Sri Lanka, Nepal, Pakistan presented reports of their respective countries. They discussed at length on the legal fromework relating to human rights and the realities obtaining in the individual countries of the region.

In the today’s open forum jurists, human rights leaderas, and scholars critically examined the legal provisions and suggested measures in the prevention of torture. The seminar is scheduled to conclude today.

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