E/CN.4/1997/4/Add.2
page 3
8.
Regrettably, however, the visit which the delegation had been due to
make to places of detention in the Rolpa region (province situated in western
Nepal), where a state of emergency has been in force since the establishment
of a guerrilla base in the area, had to be cancelled because no flights were
available owing to bad weather.
I.
OBSERVATIONS BY THE GROUP ON THE CONDUCT OF CRIMINAL
PROCEDURE: RULES APPLICABLE UNDER CURRENT LEGISLATION
9.
When the police receive a petition or a complaint from a victim, or when
an offence has just been committed, they record the case, institute an inquiry
and carry out initial investigations to identify the person who committed the
offence. If the offender is identified, the police have direct authority to
issue an arrest warrant. Upon arrest, the person is placed in custody in
police premises for a maximum period of 24 hours. Travelling time (sometimes
as long as two or three days, owing to the Himalayan terrain) is not included
in this period. The presence of counsel during custody is legally possible
but not compulsory (and therefore infrequent). An indigent defendant is in
principle entitled to assistance from assigned counsel. However, lawyers can
intervene only after the case has been registered at the court office, and
this excludes them de facto for the first 24 hours of custody.
10.
With regard to aliens, there is provision for the assistance of an
interpreter, who in most cases is supplied by the consulate.
11.
It should be noted that arrests may be carried out by day or at night,
with only a police warrant, except in the case of a house search, where the
investigator must present a judicial warrant.
12.
If more time appears necessary for the purposes of the investigation,
the investigator must obtain authorization from the court. The application
for an extension, which may not exceed 25 days in all, is submitted to the
judge in the presence of the person being held in custody. In the event of
grave disturbances of public order (attempt on the life of members of the
royal family, terrorism, armed clashes, etc.), an extension may be granted by
the chief district officer for a total of three months under the Public
Offence Act.
13.
For minor offences (public drunkenness), on the other hand, the
extension may be decided by the police themselves, in which case it may not
exceed a second period of 24 hours.
14.
From the legal standpoint, the period of extension for a maximum
of 25 days, being authorized under the supervision of a court, can be
assimilated to detention pending indictment, whereas the three-month extension
provided for by the Public Offence Act presents the characteristics of
administrative detention, since it is ordered under the sole authority of the
chief district officer.
15.
When the police consider that the liability of the probable offender has
been sufficiently established, the person is brought before the public
prosecutor for his statement to be taken. After asking whatever questions may