NATIONAL HUMAN RIGHTS COMMISSION
III. Ensure that assistance and medical aid are rendered to any injured or affected
persons at the earliest possible moment.
IV. Ensure that relatives or close friends of the injured or affected persons are notified
at the earliest possible moment.
V. Where injury or death is caused by the use of force and firearms by law
enforcement officials, they shall report the incident promptly to their superiors in
order that the independent investigation body required (below) is promptly
initiated.
d. It should be ensured that there will be a clear mechanism in the chain of command
with responsible officials in hierarchy who can fully control and order, from those
officials who make arrests, detains and imprisons to those who use force and firearms.
e. HMG shall ensure the prohibition of orders (from superior officers or public
authorities) authorizing or inciting other persons to carry out executions. All persons
shall have the right and the duty to defy such orders.
f. HMG shall ensure that effective protection through judicial or other means shall be
guaranteed to individuals and groups who are in danger of execution and those who
receive death threats.
g. In the cases of accusations regarding carelessness and misuse of the force and firearms,
an effective, visionary, fair and impartial investigation should be ensured by the person
who enforces law and order.
h. It should be ensured that an immediate action against those who are held responsible
for any of the above mentioned activities will be taken as provided by the law in
Nepal and that the jurisdiction has the full right and supports to the independent
investigation body whose function is to punish the culprits.
i. Accessibility for an independent investigation body and legal procedure to the legal
representatives of those who have become victims by the use of force or arms
should be ensured.
j. HMG shall ensure that superior officers are held responsible if they know, or should
have known, that law enforcement officials under their command are resorting, or
have resorted, to the unlawful use of force and firearms, and they did not take all
measures in their power to prevent, suppress or report such use.
k. A criterion of rules and regulation should be set by the law enforcement officials
regarding the rules of engagement and it should be informed to the concerned officer
for its effective execution. This should be continuously reviewed as well.
l. In order to minimize the use of firearms, the law enforcement security officials
should use shields, helmets, bullet proof vests and should have means of transportation.
2. Qualification,Training and Consultation
a. All the officers of law and enforcement should be selected on the basis of suitable
selection criteria and that they should be given regular professional trainings.
b. While giving the training, the law enforcement institutions should train its officials
with an attitude to use as minimal force and firearms as possible and by including
police code of conduct, the alternatives to the use of force and firearms and the
methods used in the human rights and investigative procedures, peaceful resolution
of the conflict, the mob’s psychology, and the techniques of negotiation, dialogues and
arbitration and their technical solutions.
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