Enforced
Disappearance
25
20
03
08
04
08.
Notably, the number of complaints alleging extra-judicial killing and enforced
disappearance has declined during the pandemic years i.e., 2020, 2021 and 2022. However, a
portion of the total number of complaints is still pending before the Commission. In this
connection, it is worth mentioning that as per the National Human Rights Commission Act
2009, the Commission is not empowered to investigate any allegations against law
enforcement agencies. It has to look to the cooperation of the law enforcement agencies as
they conduct such investigations themselves. The Commission believes that the law should
be amended to empower the Commission to investigate all allegations of human rights
violations, including those committed by law enforcement agencies. The government should
put in place an independent and impartial mechanism to investigate and prosecute every
allegation of extra-judicial killings, disappearances, and excessive use of force.
Torture and/or Death in Custody
09.
The Commission notes a downward trend of reported incidents of torture and/or death
in custody. This is also, to some extent, reflected in the number of individual complaints
about torture and/or death in custody received and addressed by the Commission.
Types of
Complaints
Received
2018
2019
2020
2021
2022
Torture in
Custody
05
10
07
03
03
Death in
Custody
07
12
06
05
03
10.
In 2020, the first-ever conviction under the Torture and Custodial Death (Prevention)
Act 2013 was upheld. Investigation and prosecution of the cases of custodial deaths and
tortures should be strengthened. The government should establish an independent complaint
mechanism to investigate all reported allegations of torture and ill-treatment and ensure that
alleged perpetrators of those crimes are effectively prosecuted. The Commission directs to
mandatorily follow the guidelines it developed for the law enforcement agencies during their
anti-crime operations.
Freedom of Expression
11.
Despite the constitutional guarantee for the freedom of thought, conscience and the
press, concerns have been voiced against the manner of implementation of the Digital
Security Act 2018 (the successor to the Information and Communication Technology Act
2006) against journalists, writers, social media users, etc. Violence against journalists has
been reported. Individual complaints about violence against journalists and restrictions on
freedom of expression received by the Commission are as follows:
4