The CPN (Maoist) declared a "people's war" in February 1996. Peace talks and an accompanying cease-fire broke down on 23 November 2001 after the Maoists withdrew from the talks and attacked police and army posts in 42 districts. The authorities responded on 26 November by declaring a nationwide emergency and deploying the army. During the state of emergency, thousands of people were arrested throughout the country. Among them were lawyers, students, journalists and teachers, who were suspected of being members of sympathizers of the CPN (Maoist). The whereabouts of many of them remain unknown.

On 29 January 2003 the government and the CPN (Maoist) declared a cease-fire. In mid-March, both sides agreed a 22-point Code of Conduct which includes a number of welcome human rights provisions, including for the gradual release of prisoners; the prohibition on "searches, arrests and kidnappings" and guarantees for the free movement of people, food, medicine and other essential supplies, as well as the return of all internally displaced people to their homes. However, the Code is silent on other long-standing human rights concerns reported in the context of the "people's war" over the last seven years, including "disappearances" at the hands of the security forces and the Maoists. Amnesty International has urged the government and the Maoist leadership to address this issue in their forthcoming negotiations. So far, both sides have met once but formal negotiations to bring an end to the conflict have not commenced.

On 22 April 2003, Brigadier General B.A.. Sharma, head of the army's Human Rights Investigation Cell, speaking at a press conference reportedly said that the army was not holding any Maoist prisoners as those held had all been released after the cease-fire started. However, Amnesty International estimates that more than 1,000 prisoners may continue to be held in incommunicado detention by the security forces.

Although the state of emergency expired in late August 2002 and has not been re-imposed, the security forces continue to have wide powers under the Terrorist and Disruptive Activities (Control and Punishment) Act (TADA), passed in April 2002. Under Section 9 and 12 of the TADA respectively, people can be held in preventive detention for up to 90 days and in detention for the purpose of investigation for 60 days. However, there is evidence to suggest that hundreds of people suspected of Maoist activities have spent more than one year in detention without being taken to court. In many cases it would appear that the security forces are using a loophole in the TADA to repeatedly issue new detention orders, even if the maximum periods of 90 or 60 days' detention as specified in the Act have expired.

Amnesty International has been concerned about a deterioration in the human rights situation in Nepal since the CPN (Maoist) declared a "people's war" in early 1996. This concern has intensified since the army was mobilized and a state of emergency imposed in November 2001. Since then, the number of reports of alleged unlawful killings, "disappearances", torture and arrests and detention without charge by the security forces has increased dramatically. The authorities have so far failed to provide or enforce strict instructions to the security forces to uphold human rights, or to take appropriate actions against those responsible for reported abuses. Amnesty International has also documented many grave human rights abuses by members of the CPN (Maoist).

Although the state of emergency expired in late August and has not been re-imposed, the security forces continue to have wide powers under the Terrorist and Disruptive Activities (Control and Punishment) Act, passed in April 2002, including the power to arrest without warrant and detain suspects in police custody for up to 90 days. During a recent visit to Nepal, Amnesty International delegates found that scores of prisoners were held in illegal detention at army barracks throughout the country and were denied the right to communicate with their families or lawyer, or have access to a doctor. Amnesty International also found evidence of extrajudicial executions of civilians suspected of providing assistance to the Maoists and Maoists deliberately killed after they were taken into custody.

Torture has been a longstanding concern in Nepal and is reported almost daily. Torture methods include rape, electric shock, belana (rolling a weighted stick along the prisoner's thighs causing muscle damage), falanga (beatings on the soles of the feet), random beatings and mock executions.

Despite having ratified the United Nations Convention against Torture in 1991, to date Nepal has not made torture a crime. In 1996, the Torture Compensation Act (TCA) was passed. It allowed victims of torture or relatives of people who died in custody as a result of torture to apply for compensation to the district courts. Amnesty International is concerned that police and the judiciary are not fully adhering to the requirements set out in the TCA and that some officials are putting obstacles in the way of victims trying to file cases or requesting medical examinations in order to gain redress under the TCA.

Lawyers appearing on behalf of Maoist suspects have repeatedly been targeted by the authorities. There are concerns that lawyers involved in lodging habeas corpus petitions (order requiring a detainee to be brought before a judge or into court) on behalf of people arrested as suspected CPN (Maoist) members or supporters, are particularly at risk as they may be arrested themselves for "supporting terrorism".

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