ANNUAL REPORT 2004 Commission’s employees to prepare the report. The training has aimed at assisting the government officers and harmonising the shadow reports of the NGOs with international standards. Pursuant to the programme, the Home Ministry had forwarded a draft report to the Commission for the latter’s perusal and comments. 3.3.3. Commission’s Opinions on the Periodical Report 1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 In accordance with the Section 9(3) of the Human Rights Commission Act 1997, has forwarded its opinion on the periodical draft report on Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 back to the Home Ministry, after having decided to do so at the Commission’s meeting held on 23 January 2004. The opinions encompassed the positive points of the report as well as the points to be reformed both Section-wise and in the entirety. Initiatives taken on sending the report after a long duration, mentioning the role played by the NHRC in protection and promotion of the reports in part-wise or categorical structure following specified report format in large extent, accepting there are weaknesses in the Punishment and Compensation Act 1997, etc. are the progressive positive points of the reports. The Commission’s other suggestions are as follows: ❐ The initiative taken towards implementing the concluding observations and comments presented by the Committee on the Convention of Torture in the preliminary report that Nepal had submitted in 1994 should be mentioned. ❐ Regarding the incidents of torture, the report should mention the nature of action taken against those who have perpetrated torture. It should also state the relief, compensation and rehabilitation facilities provided to the victims of torture. ❐ It should mention the particulars concerning the torture and other cruel, inhuman or degrading treatment or punishment enshrined in the Section 16 of the Convention. For instance, it should better state the laws and incidents relating to torture and other cruel, inhuman or degrading treatment or punishment, as well as relief, compensation and rehabilitation efforts of the government and others. ❐ It should mention the implementation of the recommendations of the Commission. The Commission has referred to the specific cases of Rabindra Silwal and Nepalgunj Jail in which the Commission had made the decision on the reported torture, inhuman treatment, and shooting. The implementation of the Commission decision in favour of the victims should be mentioned in the report. ❐ It should mention the activities of various human rights cells constituted by the HMG towards protecting the torture and inhuman treatments. ❐ The measures taken for regular review of the interrogation rules and arrangement for custody should also be mentioned. The Commission has presented its suggestions even by collecting the opinions of NGO’s involved in the field of human rights. 15