Section 5
Filing Of Complaint
(1) A victim may, within 35 days from the date of inflicting torture upon him/her or of his/her release from detention, file with the District Court of the District, where he/she has been detained, a complaint making a claim for compensation.
(2) Notwithstanding anything contained in Sub-section (1), in the event of death of a victim or failure of the victim for any other reason to file a
complaint in person, any one of his/her family members having attained the required age or his/her legal practitioner may, setting out reasons therefor, file
a complaint under Sub-section (1).
(3) Any one of the detainee’s family members having attained the required age or his/her legal practitioner may, if he/she thinks that torture has
been inflicted on the detainee, file a petition with the concerned District Court.
If such application is filed, the court may order for physical or mental examination of the person in detention within three days. If, upon such
examination, it appears that his/her medical treatment is to be done, his/her treatment shall be done on behalf of Government of Nepal.
(4) Any complaint to be filed under Sub-section (1) or (2) shall also contain the following matters, as far as possible:-
(a) Reason for detention and period of time spent in detention.
(b) Description of torture inflicted while in detention.
(c) Description of loss resulted from torture.
(d) Amount of compensation claimed.
(e) Any other details which may be ancillary to substantiate the claim.
(2) Notwithstanding anything contained in Sub-section (1), in the event of death of a victim or failure of the victim for any other reason to file a
complaint in person, any one of his/her family members having attained the required age or his/her legal practitioner may, setting out reasons therefor, file
a complaint under Sub-section (1).
(3) Any one of the detainee’s family members having attained the required age or his/her legal practitioner may, if he/she thinks that torture has
been inflicted on the detainee, file a petition with the concerned District Court.
If such application is filed, the court may order for physical or mental examination of the person in detention within three days. If, upon such
examination, it appears that his/her medical treatment is to be done, his/her treatment shall be done on behalf of Government of Nepal.
(4) Any complaint to be filed under Sub-section (1) or (2) shall also contain the following matters, as far as possible:-
(a) Reason for detention and period of time spent in detention.
(b) Description of torture inflicted while in detention.
(c) Description of loss resulted from torture.
(d) Amount of compensation claimed.
(e) Any other details which may be ancillary to substantiate the claim.