E/CN.4/1997/4/Add.2
page 7
32.
Records in places of detention. Monitoring of the lawfulness of the
detention of persons deprived of liberty would require improvement and, in
particular, standardization of the presentation and keeping of records in
places of detention. These records should include all procedures to which
persons taken into custody are subject (detention and the reason for it, time
of travel, transfer, first appearance before a judge, appearance before the
court for trial, disciplinary measures, release, etc.). Such monitoring can
furthermore be expected to help reduce prison overcrowding.
33.
Legislation concerning aliens. Regarding the status of aliens, the
Working Group noted that limitations appear to be placed by the Constitution
on the safeguards of human rights, which seem in part not to apply to
non-nationals.
III.
34.
CONCLUSIONS
The Working Group's findings may be summarized as follows:
(a)
The transition from an absolute and authoritarian monarchical
system to a modern system of constitutional monarchy has been effected,
enabling Nepal gradually to establish, at the normative level, a very advanced
system based on the rule of law;
(b)
While positive in terms of principles, the implementation of this
legislation is problematic and slow, both because of the low standard of
living of a large part of the population and because of the weight of previous
practices and attitudes, which are slow to change in many areas concerned with
law enforcement;
(c)
It would seem that this handicap can gradually be overcome thanks
to the dynamics of the new system governed by the rule of law and also to an
emerging human rights culture, a factor which could be strengthened by
intensifying the awareness of civil servants and officials responsible for law
enforcement through human rights training, while at the same time showing a
greater firmness towards State officials who infringe human rights in the
performance of their duties, and making that approach known by example.
IV.
RECOMMENDATIONS
35.
In the light of the above comments, the Working Group recommends that
the following measures should be taken:
Measures to reduce overcrowding in prisons and to monitor the lawfulness of
detention
(a)
Programmes of awareness raising and training of judges to ensure
that the 25-day maximum period for the initial stage of pre-trial detention is
strictly observed;
(b)
Keeping of standardized records of persons received into custody
in all places of deprivation of liberty;