Practice Relating to Rule 100. Fair Trial Guarantees
In 2007, in its comments to the conclusions and recommendations of the Committee against Torture, Nepal wrote:
Recommendation, paragraph 16 [in which the Committee against Torture, having noted the difficult situation of armed conflict faced by Nepal, expressed concern about the non-compliance with court orders by members of security forces, reportedly including re-arrests, including on the premises of the Supreme Court]
Independence of judiciary
5. The State has adhered to the principle of judicial supremacy and all security agencies have been issued appropriate instructions to abide by the judicial orders of the courts. They have also been instructed not to arrest the individuals who have been released by the order of the court. The[re] have [been] no instances of such arrest[s] by the security personnel after April 2006. …
36. The historic Comprehensive [Peace] Agreement [CPA] signed between the Government of Nepal Communist Party (Maoist) on 21 November 2006 has effectively ended the ten year long conflict. This has resulted in the fundamental improvement in the overall human rights situation in Nepal.
In 2004, in a declaration of commitment on the implementation of human rights and international humanitarian law, the Prime Minister of Nepal stated: “The accused shall have the right to be tried in the court that has all the attributes for conducting free and fair proceedings within a reasonable period of time in accordance with law.”
Code determining the organization, functioning and jurisdiction of Courts
40. Organic Law n° 51/2008 determines the organization, functioning and jurisdiction of courts.
41. Article 9 specifies that each Intermediate Court shall be comprised of a Juvenile Chamber. Article 75 specifies also that “Minors accused of any offence shall be tried on the first instance only by a specialized Juvenile Chamber of Intermediate Court», when article 76 stipulates that “The juvenile chamber shall, in addition to passed sentence, ensure appropriate safety supervision and education measures.”
Code of Criminal Procedure
42. A new law relating to the code of criminal procedure has also been enacted. It is Law n° 13/200 of 17 May 2004 that, unlike the law of 1963 February that was aimed at the same purpose, contains specific procedure provisions for children, namely:
In 2004, in a declaration of commitment on the implementation of human rights and international humanitarian law, the Prime Minister of Nepal stated:
Right to unhindered legal defence shall be honoured and protected … The accused shall have the right to present himself/herself during the hearing of the case. He/she shall have the right to defend by himself/herself or by the legal practitioner of his or her own choosing. He/she shall have the right to seek counsel from such practitioner openly and secretly.
In 2004, in a declaration of commitment on the implementation of human rights and international humanitarian law, the Prime Minister of Nepal stated: “The accused shall have the right to present himself/herself during the hearing of the case.”
Nepal’s Army Act (2006) states: “Except in situations to protect national security, public order and the rights of victims, a Court Martial shall normally sit in open session.”
Nepal’s Army Act (2006) states:
Any person under the jurisdiction of this Act, after being subjected to trial, hearing and adjudication of an offence mentioned in Section 38 to 65 of this Act by a Court Martial, or after being subjected to departmental action, shall not be subjected to action again for the same offence.