Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
In 2007, in the Bajracharya case, which concerned restrictions of personal liberty imposed by the Nepalese army, Nepal’s Supreme Court held:
[No]body should be … [subjected to] physical and inhuman torture in a civilized country [enjoying the] rule of law. In our context of discarding torture, the act of inflicting torture to anybody by any authority of the State is itself [prohibited] and disgraceful. [Detention and requiring individuals to periodically present themselves at the Army Barrack] … is to be taken as a sort of torture. Such activities eventually … impact on the [enjoyment] of the individual rights guaranteed by the constitution.
As per the principle of rule of law, no agency or authority of the State should cross the demarcation allocated to them by law. … [T]he act of inflicting torture by putting somebody in detention or … [requiring them to periodically present themselves at the Army Barrack] has restricted … the [enjoyment] of rights [by] citizens, [the order of Mandamus] is therefore hereby issued … in the name of [the] defendants not to [undertake] or [order] to [undertake] such acts in the future.
In 2004, in a declaration of commitment on the implementation of human rights and international humanitarian law, the Prime Minister of Nepal stated: “The accused held in detention shall not be subject to torture or to cruel, inhuman or degrading treatment or punishment.”
In 2007, in its comments to the conclusions and recommendations of the Committee against Torture, Nepal wrote:
Recommendations, … [paragraph] 13 [in which the Committee against Torture, having noted the difficult situation of armed conflict faced by Nepal, expressed concern about the large number of consistent and reliable reports concerning the widespread use of torture and ill-treatment by law enforcement personnel, in particular the Royal Nepalese Army, the Armed Police Force and the Police]
… [W]idespread use of torture
2. As far as the allegation of the widespread use of torture i[s] concerned, the democratic government of Nepal does not condone torture of any kind. The laws of the land and the policy of the State are geared to completely ban torture of all kinds. [The] Government does not spare anyone found guilty of [being] involve[ed] in torture … Isolated and sporadic incidents cannot be gen[e]r[a]lized as widespread use of torture. This has to be viewed in the changed context of the country where overall human rights situation has improved fundamentally after April 2006.
Recommendation, [paragraph] 20 … [in which the Committee against Torture expressed concern about the frequent use of interrogation methods by security forces that are prohibited by the 1984 Convention against Torture]
Interrogation and detention
10. The government is totally committed to … [adopting] interrogation methods compatible with the provisions of the  Convention [against Torture]. As per the Government Cases Act, 1993, all interrogations are conducted in [the] presence of [the] Government Attorney where there is no room for employing torture or any other methods prohibited by the Convention. Any official[s] found guilty of employing torture have been made subject to stern departmental action.
11. Regular monitoring has been tak[ing] place to prevent and stop any kind of torture …
Recommendation, paragraphs 24 and 25 [in which the Committee against Torture expressed concern about impunity for acts of torture and ill-treatment]
21. No cases of torture have been reported after the political change in the country in April 2006 which demonstrates marked improvement in the situation and signifies fundamental change on the ground. Serious and resolute efforts are being made to end all kinds of torture and degrading treatment. The Comprehensive [P]eace Agreement (CPA) signed between the Government and the Nepal Communist party (Maoist) on November 21, 2006 unequivocally prohibits … torture and ill treatment and is committed to end impunity. The Interim Constitution of Nepal, 2007 commenced since 15th of January this year has provided specific rights against torture which prohibits application of torture against any individual under arrest or detention for the investigation of crime or trial or any other reason. Torture shall be made punishable under law and the victim of torture shall be provided with compensation under the laws. … These provisions of the CPA and of the Interim constitution are strong testimonies that the State does not condone torture under any pretension nor is it a state policy to let the perpetrators go with impunity. …
36. The historic Comprehensive [Peace] Agreement [CPA] signed between the Government of Nepal [and the] Communist Party (Maoist) on 21 November 2006 has effectively ended the ten year long conflict. This has resulted in the fundamental improvement in the overall human rights situation in Nepal.