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;