A bill registered in Parliament to criminalise torture calls for penalising those who attempt torture or aid a culprit directly or indirectly in torturing a person. The proposed punishment for such offenders is three-year imprisonment and Rs30,000 fine. Right activists have long been demanding the criminalisation of torture.

The bill will also punish public position holders involved in inhuman treatment of detainees or those who order their torture, encourage such activities and abet the torturer. Convicts will face jail term ranging from two to four years and are liable to fine between Rs20,000 and Rs40,000. If torture is proved, the court would ask the perpetrator to pay the victim up to Rs500,000.

Authorities say the bill is an attempt to domesticate Convention against Torture to which Nepal is a signatory. “Legal provisions so far are only about compensation. This is comprehensive,” said Tek Dhungana, joint-secretary at the Law Ministry.

The proposed legislation, however, places a 90-day limitation of statute for registering complaints after the person has been released from custody or after facing inhuman treatment. The bill authorises a court to ask the District Police Office to investigate complaints of torture.

If the complaint is against the district police chief, a higher authority would have to look into the complaint. The proposed law requires the chief of a government office to prevent any kind of torture, failing which would result in departmental action.

The bill permits the trial of a foreigner in Nepal on torture charge. Metropolitan Police, Kathmandu, and the Kathmandu District Court would be the concerned authorities. The two offices will also deal with cases of Nepalis arrested abroad on torture charges.

Human rights lawyer Govinda Bandi said some limitations in the bill are not compatible with international standards. “There is an internationally agreed definition of torture and the draft tries to localise it,” he said. “Further, the limitation of statute is against the international practice.”