and Nepal Police (NP) staff were
assigned to the office and were
starting to develop a detention
database, but by the end of 2006, no
data had been entered for the over
7,000 detainees and prisoners
officially recognized as being held
throughout Nepal. The office never
became fully functional and ceased
to function shortly after the change
of Government in April 2006.
Detention registers are not
systematically updated; the police
use two registers: one lists the name
of detainees before remand and the
other after remand. The lawyers and
the public do not have access to
registers. As the police are legally
entitled to detain a person for 24
hours, they often do not register the
names of arrested/detained persons
immediately and if someone is
released without charge after a
short period of detention (which
could exceed 24 hours), their names
often do not feature in police
registers.
property recovered from them or from
other sources, as well as the names of
the witness summoned.
However, the practice of using ad-hoc
registers and notebooks instead of
standardized diaries still remains a
problem. The police generally do not
record the actual date of arrest and
often adjust the arrest date in order to
give the impression of compliance
with the 24 hour limitation on holding
an individual without bringing the
person before a judicial authority.
OHCHR continues to document
instances of Armed Police Force
personnel participating in the
detention and interrogation of
suspects, particularly those suspected
of involvement in armed groups.
The Armed Police Force (APF) does
not have clear legal powers to
arrest and detain. However, it has
become increasingly involved in
arrests related to armed groups, and
it does not operate or maintain
official detention facilities or
detention registers.
(f) All detained persons be effectively
guaranteed the ability to challenge
the lawfulness of their detention, e.g.
The right of habeas corpus was
denied by virtue of Article 14 (7)
of the Constitution to any person
In June 2007, the Supreme Court
issued a groundbreaking ruling in
relation to disappearances resulting
Non-governmental sources: The
June 2007 decision of the Supreme
Court has not been implemented. The
A/HRC/13/39/Add.6
118
compulsory medical examinations
upon being brought to a detention
centre and upon transfer;
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