Please - Odhikar

attention.
Victims have the right to be present at all public court proceedings. Victims have the right to talk
with the government attorney prosecuting the case. Victims have the right to be informed
concerning the criminal justice process. Long delay in holding hearings and disposing cases are
the norms in Nepal. Nepal's courts are generally reluctant to grant bail even where the accused
does not pose any threat to society. While adjudicating the cases, judges often fail to justify their
decisions and often refer faulty laws ignoring the level of intent and other important factors.
Lack of provisions for the use of judicial discretion in many cases and the lack of guidelines
where it can be used also hamper the adjudication process.
Victims have the right to compensation, providing they meet certain criteria. These may include,
financial compensation to victims who have sustained significant bodily injury or impairment of
physical and mental health as a result of serious crimes. In Nepal only the Torture Compensation
Act 1996 and other laws provide for compensation to be paid to victims. Though the state fails
to compensate crime victims, under the Torture Compensation Act, for those who suffer torture
at the hands of state officials, the provision does not strongly address the issue.
Crime investigation in Nepal is often undermined by the low quality of reporting and the failure
to use systematic techniques to gather evidence and interview witness. Mistreatment towards
suspects and detainees and forced confessions are commonplace. Suspects are often denied their
constitutional rights such as being informed of the grounds for their arrests and access to legal
counsel. The whole system shows a lack of concern for a victim's right to restitution,
compensation and information.
Protection by Nepalese Constitution and Laws
The proper treatment of victims is a key part of a fair and just legal system. In Nepal victims of
crime and their families often suffer not only from the crimes committed against them but also
by the state failing to offer them security and assistance to help them recover. They are rarely
accorded sympathy or respect and the many shortcomings of the Nepalese criminal justice
system deny justice to them.
Nepali laws in regard to the protection of victim and witnesses are very few and generic. They
do not deal specifically on the protection of the victim and witness of the crime. We need a
concrete and specific law to address the issue. In Nepal there are no such safeguards and The
Constitution of Kingdom of Nepal 1990, and provisions in the chapter on court management of
the Country Code (muluki ain) have tried to address this issue but it does not speak in detail
about victim and witness protection mechanism. Besides, the District Court Rules, Appellate
Court Rules and Supreme Court Rules have some provisions in this regard.
On the application of the prosecution, victims and witnesses can give evidence from behind a
screen but this principle has not been fully translated into Nepalese laws. There are no such
safeguards and so victims and witnesses are often afraid to come forward and report crimes and
participate in hearings. Nepalese law does not even make provisions to compensate witness for
any costs incurred in reporting a crime or attending hearings.
The promulgation of the 1990 Constitution of the Kingdom of Nepal has been the most
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