2276that arrest without a warrant, prolonged detention without trial, and police tortureoccurs in these areas.The judicial system consists of three levels: District courts, appellate courts, andthe Supreme Court. The King appoints judges on the recommendation of the JudicialCouncil, a constitutional body chaired by the Chief Justice. The Council also isresponsible for the assignment of judges, disciplinary action, and other administrativematters. Judges decide cases; there is no jury system.Delays in the administration of justice are a severe problem. According to the lateststatistics, approximately 150,000 cases are active throughout the country. TheSupreme Court has a backlog of approximately 15,000 cases. At the Court’s currentrate, it never will clear this backlog.The Constitution provides for the right to counsel, equal protection under the law,protection from double jeopardy, protection from retroactive application of the law,and for public trials, except in some security and customs cases. All lower court decisions,including acquittals, are subject to appeal. The Supreme Court is the courtof last appeal, but the King may grant pardons. The King also can suspend, commute,or remit any sentence. On the recommendation of the Government, the Kingoften pardons up to 12 prisoners—if they have served 75 percent of their sentenceand shown good behavior—on national holidays.Although prisoners have a constitutional right to legal representation and a courtappointed lawyer, government lawyers or access to private attorneys is providedonly on request. Consequently, those persons unaware of their rights may be deprivedof legal representation.There have been reports of cases in previous years in which authorities allegedlypenalized attorneys involved in the defense of human rights. In January 1999, lawyerand human rights defender Rajendra Dhakal was arrested reportedly becauseof his alleged involvement in Maoist violence. He has not been seen since (see Section1.b). Kathmandu newspapers reported that in July 1999, four lawyers pleadingfor a group of three detained journalists were ordered detained themselves by a districtjudge as they tried to express their views on the judicial order to detain thejournalists. After other attorneys came to protest the arrests, the attorneys were released(see Section 2.a.).Military courts adjudicate cases concerning military personnel, who are immunefrom prosecution in civilian courts. In 1992 the Supreme Court ruled that militarycourts could no longer try civilians for crimes involving the military services.The authorities may prosecute terrorism or treason cases under the Treason Act.Specially constituted tribunals hear these trials in closed sessions. No such trialshave occurred during the past 5 years.There were no reports of political prisoners.f. Arbitrary Interference with Privacy, Family, Home, Or Correspondence.—TheGovernment generally respected the privacy of the home and family. Search warrantsare required before searches and seizures may be carried out, except in casesinvolving suspected security and narcotics violations. As amended, the Police Act of1955 empowers the police to issue warrants for searches and seizures in criminalcases upon receipt of information about criminal activities. Within 24 hours of theirissuance, warrants in misdemeanor cases must be approved by the CDO. Courtjudges must approve them in felony cases.Government provisions permit discrimination in employment on the basis of politicalopinion; however, such discrimination is not known to occur.Section 2. Respect for Civil Liberties, Including:a. Freedom of Speech and Press.—The Constitution specifies that all citizens shallhave freedom of thought and expression and that the Government may not censorany news item or other reading material; however, the Government imposes somerestrictions on these rights. The Constitution prohibits speech and writing thatwould threaten the sovereignty and integrity of the Kingdom; disturb the harmoniousrelations among persons of different castes or communities; promote sedition,defamation, contempt of court, or crime; or contradict decent public behavior or morality.The Press and Publications Act provides for the licensing of publications and thegranting of credentials to journalists. The Act also includes penalties for violatingthese requirements. In addition the Act prohibits publication of material that,among other things, promotes disrespect toward the King or the royal family; thatundermines security, peace, order, the dignity of the King, or the integrity or sovereigntyof the Kingdom; that creates animosity among persons of different castesand religions; or that adversely affects the good conduct or morality of the public.However, throughout August and September, the press and several private FMradio stations produced a number of stories calling for the prosecution of a nephewVerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00120 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1
2277of the monarch who allegedly killed a popular local singer in a hit-and-run incident.This is the first time the local media has confronted a member of the royal family.The Press and Publications Act also provides a basis for banning foreign publications.However, foreign publications are widely available.There are hundreds of independent vernacular and Englishlanguage newspapersavailable, representing various political points of view. The Government owns‘‘Gorkhapatra,’’ the second-largest circulating Nepali daily, and ‘‘The Rising Nepal,’’the second-largest English daily. Editors and writers at the government newspaperspractice self-censorship and generally reflect government policy. Ruling political partieshave influenced the editorial policy of the government newspapers to their advantage.However, despite the sensitivity of the Government to the ‘‘People’s War,’’the press has not faced overt pressure to report on it in a particular way. Viewsof human rights groups, the statements of the police, and the press releases ofMaoist leaders all have been reported in the local press.Nevertheless, journalists and their advocates have suffered human rights abuses.Shambhu Prasad Patel, vice president of the Rautahat Branch of the Nepal PressUnion (NPU), was shot and killed by two unidentified gunmen on January 23 athis residence; as of year’s end, no one had been held accountable. On February 13,police arrested and briefly detained Dev Kumar Yadav, a Maoist-leaning newspaperreporter for Janadesh and council member of the Federation of Nepalese Journalists,Siraha (FNJS), and Nagendra Kumar Paswan, a reporter for Mahima and vicechairman of the FNJS. No charges were filed. The 1999 case against Krishna Sen,the editor of Janadesh who was arrested in connection with the publication of aninterview with a Maoist leader, continued during the year. On February 18, Sen wascharged under the Illegal Weapons Act and subsequently was sent to Rajbiraj jailin Saptari. Also in February police released Suresh Ale Magar, another columnistwith Janadesh who had been held without a detention order (see Section 1.b.). OnMarch 12, Jagdish Bhattarai, editor of the local weekly Nava Chetana and correspondentfor Kantipur Daily in Palpa, was sentenced to 7 days in jail and finedapproximately $7.20 (500 rupees) for contempt of court. Bhattarai was accused ofwriting a 1998 editorial that denounced corruption and threatened to publish namesof corrupt government officials. On May 8, the publication Gorkhapatra suspendedassociate editor Ram Prasad Acharya for publishing a Maoist press release. Freelancejournalist Milan Nepali remains missing (see Section 1.b). In contrast to prioryears, there were no reported incidents of seizure of either publications or equipment.In February the censor board of the Ministry of Information and Communicationsbanned public screening of the film ‘‘Aago’’ (Fire), claiming that the film underminedpublic safety. The film contained references to the Maoist insurgency. In July theboard allowed the film to be shown after the references had been deleted.The Broadcast Act of 1993 allows private television and FM radio broadcasts, butimplementation of the Act has been slow. The Government owns the only televisionstation, and controls one radio station that broadcasts both AM and FM signals.Radio, primarily short and medium waves, reaches the greatest number of personsand has the largest influence. Government-owned Radio Nepal broadcasts throughoutthe country through a series of repeater stations. With privatization of a numberof radio bands, there was a marked increase in the range of programming optionsavailable. However, only government-owned Radio Nepal may originate its own localnews broadcasts, and all stations must rebroadcast its news programs. The Governmentdoes not restrict access to foreign radio broadcasts, private cable networks, orto the purchase of television satellite dishes. Indian and Pakistani broadcast televisionalso is readily available in many parts of the country.Since 1996 two private cable television networks have been operating in theKathmandu valley. They mainly provide entertainment programming, but commentarycritical of government policies occasionally occurs during publicly broadcastdiscussion programs. Throughout the country, local entrepreneurs also are receivinginternational stations via satellite for viewing in local bars, and are reselling thesignal to local residents. Television time on the government-owned television stationalso is leased to private producers.There are four private radio stations and three community-owned radio stationsthat have their own transmitters, an increase of two and one, respectively, over1999. During the year, a private company acquired a license to establish a 1,000-watt FM transmitter in the eastern part of the country, which will cover much ofthe eastern region and portions of India. Five private radio stations so far have beenlicensed to operate outside of the capital city, although none have begun their broadcasts.Although nongovernment radio stations are precluded legally from broadcastinglocally developed news, private stations select which newspaper stories toread, permitting editorial perspective. Private stations also must broadcast the Gov-VerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00121 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1
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2163All factions probably hold poli
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2165and unexploded ordnance. Nevert
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2167bade non-Muslims from living in
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2169tion of most of the country. Go
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2171Women accused of adultery also
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2173violations of the rights to edu
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2175paper and firewood, shining sho
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2177ister made remarks implying tha
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2179central unit of its student win
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2181humiliating, painful punishment
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2183ment of the split verdict in th
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2185The court system has two levels
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2187received death threats a few we
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2189ference, but on August 15 (the
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2191about 125 refugees and asylum s
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2193Section 5. Discrimination Based
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2195Indigenous People.—Tribal peo
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2197ers have the right to strike in
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2199sites, carry fruit, vegetables,
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2201based in the Department of Wome
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2203turn to the country, beat them,
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2205antinational crimes, including
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2207order to be eligible for nomina
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2209Children.—The Government has
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2211resentatives of the Nepalese Go
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2213east; continued detention throu
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2215Accountability remains a seriou
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2217The Disturbed Areas Act has bee
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2219lice courtyard in Punjab, appar
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2221the NLFT was retaliating for a
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2223The Ministry of Home Affairs re
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- Page 71 and 72: 2227human rights organization. The
- Page 73 and 74: 2229sions would seriously affect hu
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- Page 77 and 78: 2233three Border Security Force mem
- Page 79 and 80: 2235fice owned by an NGO at Konung
- Page 81 and 82: 2237nated, but many of its members
- Page 83 and 84: 2239ever, no further information wa
- Page 85 and 86: 2241The Tamil Nadu government provi
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- Page 89 and 90: 2245and branded her with hot iron r
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- Page 93 and 94: 2249rights of the mentally ill and
- Page 95 and 96: 2251from women and children, gather
- Page 97 and 98: 2253The burning of churches continu
- Page 99 and 100: 2255suspected of belonging to an up
- Page 101 and 102: 2257Bonded labor, the result of a p
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- Page 107 and 108: 2263illustration of the consequence
- Page 109 and 110: 2265The Government has permitted pr
- Page 111 and 112: 2267lations governing Internet acce
- Page 113 and 114: 2269Women traditionally have played
- Page 115 and 116: 2271In 1997 the Government for the
- Page 117 and 118: 2273pali Congress Party flags. A bo
- Page 119: 2275The authorities are more likely
- Page 123 and 124: 2279the Government generally does n
- Page 125 and 126: 2281areas along the country’s bor
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- Page 129 and 130: 2285e. Acceptable Conditions of Wor
- Page 131 and 132: 2287Provisional Constitutional Orde
- Page 133 and 134: 2289assailants killed a leader of t
- Page 135 and 136: 2291ditions, Sindh Inspector Genera
- Page 137 and 138: 2293then another FIR is activated a
- Page 139 and 140: 2295Farooq Sattar was arrested by o
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- Page 143 and 144: 2299The Hudood ordinances criminali
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- Page 149 and 150: 2305which stipulated a sentence of
- Page 151 and 152: 2307ties at times prevent political
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- Page 155 and 156: 2311sioners review blasphemy cases
- Page 157 and 158: 2313of Shari’a (see Section 1.c.)
- Page 159 and 160: 2315late head of the Board of Inter
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2327fore their mandates expired, se
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2329moved many detainees to another
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2331during the year and in previous
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2333The LTTE was responsible for a
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2335persons tried on criminal charg
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2337the other by the LTTE. The bord
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2339thor, remained subject to gover
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2341bombs exploded in the hall of t
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2343September 29, the Center for Mo
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2345a strong commitment to children
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2347All workers, other than civil s
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23491999, the LTTE began a program