ANNUAL REPORT 2004
for the effective implementation of those commitments, few practical suggestions have
been presented here.
In some cases, the activities carried out by the security bodies of the government may
equally be a crime that is punishable if committed by any general person. Such crimes may
include torture, rape, murder, disappearance, using house appliances in the form of weapons
of war along with mass punishment, abduction and rampant violence. These activities are
considered as serious crimes according to the Convention against Torture (CAT) of which
Nepal is a state party. In certain cases, such crimes can also be considered as international
crimes and the person directly or indirectly involved with the crime can be punished in the
international court of law. Time and again, the Commission has pointed out to the fact that
the person leading the chain of command will be held responsible in case of any human
rights violation committed by the person under his command. The Commission believes
that the related institutions should reflect on these matters and develop a sense of responsible
behavior accordingly.
The points mentioned below inside the box are the commitments reiterated by HMG on
26th March 2004. Unquestionably, rather than confining those commitments to papers, they
should be brought down to practice. Therefore, the Commission urges HMG to execute
these suggestions mentioned below:
1. Every citizen should be assured and guaranteed with the protection of human rights regardless
of their race, gender, language, religion, political faith and beliefs, social background, disability,
riches or birth.
2. Every individual has the right to life, dignity and security. The right to life will be honored at
any conditions. For this, the people who are ill, injured or captured or those who have
surrendered or disengaged themselves with armed activities or not actively involved in such
activities should be given protection and immediate orders for the implementation of covenant
of Article 3 common to the Geneva.
HMG should take the following steps immediately in order to implement the above
commitments:
1. Protection from Execution
a. HMG should confirm that those officials who regulate the law and order shall only
use force only in the most necessary circumstances in the line of duty and to the
extent required for the performance of their duty.
b. As far as possible, the law enforcement officials who use force or firearms should opt
for non-violent means before resorting to the use of force and firearms in carrying
out their duty.
c. HMG should elucidate that whenever the lawful use of force and firearms is unavoidable,
law enforcement officials shall:
I. Exercise restraint in such use and act in proportion to the seriousness of the
offence and the legitimate objective to be achieved.
II. Minimize damage and injury, and respect and preserve human life.
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