Nepal upholds year detention without trial under anti-terror law

[JURIST] The Supreme Court of Nepal [official website] has upheld an ordinance issued by King Gyanendra [official profile; BBC profile] that permits detention of suspected terrorists without charge or trial for up to a year. A 2-1 majority of a three-judge panel ruled Thursday that preventative detention provisions were permissible and constitutional under the umbrella of national security interests. Gyanendra's Terrorist and Disruptive Activities (Control and Punishment) Ordinance 2061 (TADO) [excerpts] renewed and in some respects tightened the controversial Terrorist and Disruptive Activities (Control and Punishment) Act (TADA) [Asia Pacific Human Rights Network backgrounder, PDF] that had previously expired in October 2004.

The single justice who dissented said that the preventive detention provision conflicted with Articles 12 and 15 of the Nepal Constitution [text] and was therefore void. Indo-Asian News Service has more. The Kathmandu Post has local coverage.

 

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