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Reference ID	Created	Released	Classification	Origin
09KATHMANDU728	2009-08-05 01:30	2011-08-30 01:44	CONFIDENTIAL	Embassy Kathmandu

VZCZCXRO4858
OO RUEHCI
DE RUEHKT #0728 2170130
ZNY CCCCC ZZH
O 050130Z AUG 09
FM AMEMBASSY KATHMANDU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0592
INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 7063
RUEHLM/AMEMBASSY COLOMBO PRIORITY 7380
RUEHKA/AMEMBASSY DHAKA PRIORITY 2711
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 5423
RUEHLO/AMEMBASSY LONDON PRIORITY 6551
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 3159
RUEHCI/AMCONSUL KOLKATA PRIORITY 4695
RUEKJCS/SECDEF WASHDC PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 3607
RHEFDIA/DIA WASHDC PRIORITY
RHMFISS/CDR USPACOM HONOLULU HI PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY

C O N F I D E N T I A L KATHMANDU 000728 
 
SIPDIS 
 
FOR DRL/MLGA KRISTEN MCGEENY 
 
E.O. 12958: DECL: 04/13/2017 
TAGS: DRL NP PGOV PHUM UN
SUBJECT: NEPAL: INITIATIVES TO COUNTER TORTURE 
 
REF: SECSTATE 70129 
 
Classified By: Charge de Affaires Jeffrey Moon, a.i. Reasons 1.4 (b/d) 
 
¶1. (U) In response to reftel request for mechanisms in Nepal 
that aim to prevent torture and protect victims, post is 
aware of the following mechanisms: 
 
¶2. (C) The Nepali government has several institutions that 
have responsibility for working to prevent torture: the Prime 
Minister's (PM's) Office, the Law Ministry, and the Home 
Ministry.  The PM's Office is the lead governmental 
institution and its role is to coordinate with the Law and 
Home Ministries, which are responsible for torture related 
legislation (drafting and amending laws) and following up on 
allegations of torture and other human rights abuses. 
According to Gauri Pradhan, a Commissioner on the National 
Human Rights Commission (NHRC), there is a lack of 
coordination among government wings and the government has 
not responded to NHRC's recommendations.  According to 
Pradhan, the three most recent Prime Ministers made public 
commitments to deal with torture but despite NHRC 
recommendations to prosecute cases, the government has not 
prosecuted a single case of torture against any perpetrators. 
 
¶3. (SBU) NHRC is a national, independent Nepali 
constitutional body, with a mandate to safeguard human 
rights.  NHRC has legal authority to conduct investigations, 
file complaints, monitor jails and detention centers, review 
legal provisions and safeguards against torture, and 
publicize human rights education.  NHRC is hampered by 
infighting among at least two of the five commissioners, in 
addition to perceived competition from OHCHR, which just 
received a mandate extension to operate in Nepal through June 
¶2010. 
 
¶4. (U) OHCHR is the most prominent entity in Nepal that 
reviews allegations of torture, and other human rights 
abuses, and conducts investigations to determine their 
validity and scope.  OHCHR provides a wide array of technical 
assistance and advocacy for civil society organizations that 
lobby the Nepali government to enact transparent and 
consultative legislation to criminalize torture.  OHCHR also 
provides human rights training to Nepal's police and armed 
forces, some of which is focused on abuse and torture 
prevention.  Additionally, OHCHR operates in a capacity 
building relationship with NHRC. 
 
¶5. (U) Nepali nongovernmental organizations (NGOs) and civil 
society organizations are in the nascent stages of advocacy 
and have yet to achieve widespread success outside of the 
Kathmandu Valley.  The two principal NGOs working on 
countering torture are the Center for Victims of Torture 
(CVICT) and the Advocacy Forum.  CVICT's activities 
emphasize: fact finding/investigation, legal intervention, 
and rehabilitation of torture victims.  Advocacy Forum's 
primary focus is on victims.  Gathering and maintaining a 
database of torture incidents is also a priority. Advocacy 
Forum assists victims in filing lawsuits, visits and monitors 
government detention facilities, documents abuse claims, and 
provides psychological and legal aid to victims of torture. 
 
¶6. (SBU) The Government of Nepal has yet to pass legislation 
that criminalizes torture.  Criminal legislation has been 
introduced several times, but the legislature has failed to 
enact a law.  Nepal could clearly benefit from innovative 
initiatives that lead to the criminalization of torture and 
effective mechanisms to protect victims. 
 
 
MOON

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Viewing cable 09KATHMANDU728, NEPAL: INITIATIVES TO COUNTER TORTURE