Effectiveness of Torture Compensation Act (TCA) 1996 within the practices of Torture in Nepal An analytical study

An internship paper submitted to, Tribhuvan University Nepal Law Campus For the partial fulfillment of LL.B. Degree

Submitted by, Bishnu Prasad Pokhrel LL.B. 3rd Year R.No. .. TU Regd. no. 39986/95 Nepal Law Campus, Kathmandu March 2013

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This is to certify that Mr. .., a student of LL.B. Third Year of Nepal Law Campus has completed this Internship study entitled under my supervision. He has successfully completed the course as required by Tribhuvan University. I recommend this Internship for its acceptance and evaluation. I wish him every success.

.. .. . Nepal Law Campus Exhibition Road Kathmandu, Nepal

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Acknowledgement

ACRONYMS CAT: Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CVICT : Center for Victims of Torture Nepal ICCPR : International Covenant on Civil and Political Rights ICRC : International Committee of Red Cross and Red Crescents INGO : Non-Government Organization INSEC : Informal Sector Service Centre NGO : Non-Government Organization NHRC : National Human Rights Commission OHCHR : Office of the High Commissioner for Human Right TADO : Terrorist and Disruptive Activities (Control and Punishment) Ordinance UDHR : Universal Declaration of Human Rights

Chapter I Introduction 1.1 Introduction The political history of Nepal is being progressive from different prospective. Politically Nepali politics has been transferring from the party less panchayet regime to multiparty democracy to federal republic democratic system. As changing political system in to progressive, state commitments to Human Rights are also being strong. Before 1990 Nepal is ruled by panchayet system and there were no Human Rights as a result people came in to peaceful movement and through the panchayet system in 1990. After the reestablishment of multiparty democracy, Nepal government shows its commitment in to International Human Rights provision and signed in different United Nations Human Right treaties. Similarly, the constitution of Nepal 1990 also ensures the Human Rights principles in to its fundamental rights. As the result of new political change, Nepal became a state party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) on 14 May 1991. It was a great achievement for Nepalese political history compare to the past. After signed in CAT Nepal was compelled to make domestic law to address the increasing trend of torture. As a result Nepal government enforced the Compensation Related to Torture Act 1996 (2053).

1.2 Statement of problem

1.3 Objective of the study

Objective of this study is to review the existing Torture Compensation Act, 1996 in light of relevant international instruments and to determine measures for its improvement.

1.4

Importance / significance of study