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. 87

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