E/CN.4/1997/4/Add.2 page 8 (c) Introduction of suspended sentences for minor offences which are currently punishable only by terms of imprisonment; (d) Prescription by the legislation of an appropriate legal remedy enabling a detained person to appeal to a court or other independent authority; (e) Effective application of the practice of release on bail (having due regard for the economic situation of the person concerned), even when the applicable penalty exceeds three years; (f) Measures to sensitize judges to the need, when imposing fines, to take into account not only the seriousness of the offence but also the financial circumstances of the person concerned; Measures concerning the right to a defence (g) Creation of a committee with the task of studying the reasons for, and suggesting ways to remedy, the dysfunctions noted in the provision of free legal aid and the remuneration of officially appointed lawyers; (h) Effective provision for counsel to be present from the very first hours of custody; (i) Adaptation of the functioning of the military courts to the standards concerning the right to a fair trial, by reviewing their composition so that, as a minimum, they are presided over by a civil magistrate, as well as ensuring that investigations are conducted by the civil judicial police, that in camera hearings become the exception, that the presence of counsel is assured in all circumstances and that the courts' powers are strictly limited to trying offences under the military regulations committed by members of the armed forces; Measures against ill-treatment and torture (j) Adoption of domestic legislative measures to incorporate the provisions of the Convention against Torture, to which Nepal has acceded, into national law so that persons who engage in torture can be prosecuted (and appropriate penalties imposed on those found guilty); Measures concerning emergency legislation (k) Reform of the Public Offence Act in order to furnish jurisdictional guarantees for the current three-month prolongation of detention that may be decided at the sole initiative of the chief district officer, an arrangement which at present confers on this form of detention an arbitrary character by reason of its exclusively administrative nature;

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