ANNUAL REPORT 2004 7.2.4. Responsibilities on the basis of International Commitments on Human Rights As regards the report on international conventions, there have been indications of reform accruing from the positive initiatives taken by the Commission in the course of fulfilling its responsibilities. However, HMG has sent the 2nd and 3rd periodic reports of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the 15th and 16 th periodic reports (CERD/C.452.Add, 2) of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the 2nd and 3rd reports of the Convention on Child Rights (CRC) without the counsel of the Commission. Due to the uncooperative attitude of HMG, the Commission faces problems in executing its rights given by law. 7.2.5. Disappearances and other serious human rights violations and action of complaints Most of the complaints filed at the Commission deal with disappearances, abductions, illegal arrests and physical and mental torture. As per Clause 14 of the present Constitution, the fundamental rights of the people say arrests must be made only as per law, an arrest warrant must be produced, torture and cruel behaviour are not to be allowed, a detention notice must be served, those arrested must be produced before a judicial authority within 24 hours, one cannot be forced to stand witness against oneself and the right to seek the services of a legal professional. Clauses 23 and 88 have also given the right to remedy. Other fundamental rights include the right to life and freedom, and presenting sufficient basis for preventive detention. Apart from this, the Civil Rights Act 2012, Torture and Compensation Act 2053 make mention of related provisions, but no act or law has been formulated addressing disappearances. HMG has committed itself respecting human rights and humanitarian law through the 26 March 2004 declaration. It includes provisions made in the constitutional and other laws as well as human rights, humanistic law and fundamentals of criminal justice. Topics such as arrests, detention, initiation of court proceedings, services of legal professionals, facilities to be provided at the detention centre, compensation for torture and strong evidence supporting transfer or release from detention have been included in its preparation. The particulars of those persons who have gone missing or abducted based on the petitions filed at the Commission during this report period are given in the Annex 5. Human rights organisations have taken up this issue seriously, and Amnesty International has listed Nepal at the top of the countries with the most number of disappearances, while the working group of the United Nations working against disappearances has also taken up the matter seriously. Disappearances following arrests and abductions are crimes against humanity, and such acts should be controlled immediately. The task of bringing the perpetrators of such acts within the legal framework is becoming late. To the state’s response that it had not made any arrests, most of the people have given written statements to the Commission of not only their arrests but also details about where they were detained and the torture meted out. This has put a big question mark over the credibility of the government’s response. At a 77