The Special Rapporteur on torture, Theo van Boven; the Special Rapporteur on the right to freedom of opinion and expression, Ambeyi Ligabo, and the Chairperson-Rapporteur of the Working Group on arbitrary detention, Leïla Zerroügui note that since 12 November 2003, when they drew attention publicly to reports of secret detention in Nepal, 47 urgent appeals relating to approximately 100 persons have been sent out, most of them concerning detentions in unknown locations.

Many reports refer to an increasing incidence of harassment - including house searches, arrests and detention - of journalists, teachers, lawyers and trade unionists, for expressing themselves on the conflict. A number of former detainees allege that they have been tortured or subjected to other forms of ill-treatment while being held incommunicado. The experts have received disturbing reports of impunity of the security forces responsible for human rights violations.

The independent experts are also seriously concerned about reports of increasing indiscriminate attacks against civilians by both sides.

The Commission's experts refer to international human rights norms that strictly prohibit the use of torture and other forms of ill-treatment under any circumstances. In its resolution 2003/32, the Commission "reminds all States that prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment, and urges all States to respect the safeguards concerning the liberty, security and the dignity of the person".

The experts also recall Article 3 common to the four 1949 Geneva Conventions, which is binding on all parties to a non-international conflict, and enshrines the protection of life and the physical integrity of the human person, including the prohibition of cruel treatment and torture at any time in any place. No one shall be subject to arbitrary arrest or detention, and everyone is entitled to a fair trial by an independent and impartial tribunal, in accordance with articles 9 and 10 of the Universal Declaration of Human Rights, and articles 9 and 14 of the International Covenant on Civil and Political Rights.

Further, article 19 of the Universal Declaration and article 19 of the Covenant provide that, "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers".

The experts call on the parties concerned to comply strictly with these international human rights and humanitarian norms. The experts further call upon the parties to sign and implement the Human Rights Accord without delay.

Office of the High Commissioner for Human Rights
Geneva, Switzerland