Practice Relating to Rule 100. Fair Trial Guarantees
Section B. Trial by an independent, impartial and regularly constituted court
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: