| Project
Activities>
a)
Formation of Steering Committee
As a part of implementing the project,
a Steering Committee has been constituted
comprising the representatives from
both the partner institutions and
major stakeholders of the criminal
justice system in Nepal. The Committee
comprises representatives from Supreme
Court of Nepal, Office of the Attorney
General, National Police Academy,
National Judicial Academy, National
Human Rights Commission, Nepal Bar
Association, Nepal Forensic Society,
National Legal Aid Network, Law
Faculty of Tribuvan University and
NGOs and donors involved in human
rights programmes. This Committee
will oversee activity formulation,
implementation and review.
b)
Visit by professors from Sydney
Center for International Law
Director of Sydney Center for International
Law Dr. Ben Saul and programme director
Prof. David Kinley made a week long
visit to Nepal in relation to the
implementation of the project. During
their visit, they met with Professor
In-charge Prof. Madhav Prasad Acharya,
Executive Director Prof. Yubaraj
Sangroula and other faculties of
KSL on 29th September 2008. During
the visit, there was exchange of
views on building and strengthening
linkages between the two institutions,
implementation of the project in
Nepal and other matters of mutual
interest.
The visiting professors also visited
the National Police Academy, Office
of the Attorney General, and Office
of the High Commissioner for Human
Rights, Conflict Mitigation program
office of the European Union and
the Australian Embassy.
c)
Meeting of Steering Committee
On 1st of October, the Steering
Committee meeting was conducted
at city center attended by Mr. Kumar
Chudal, Deputy Attorney General,
Office of the Attorney General;
Mr. Mukunda Acharya, Deputy Superintendent
of Police, National Police Academy;
Hon'ble Rajendra Kharel, Judge,
National Judicial Academy, Mr. Kishor
Silwal, Director, Center for Legal
Research and Resource Development
(CeLRRd); Mr. Surya Deuja, Planning
Officer, National Human Rights Commission;
Mr. Jeevan Rijal, Senior Scientist,
National Forensic Science Laboratory;
Dr. Yubaraj Sangroula, Executive
Director, KSL; Ms. Geeta Pathak
Sangroula, President, National Legal
Aid Network (NaLAN), Mr. Henryk
Montygierd, Expert, Access to Justice
Program, EU; Asst. Prof. Ashish
Adhikari, Asst. Prof. Kapil Aryal,
Mr. Pradeep Pathak, Promotion and
Development Officer, KSL; and Mr.
Suraj Basnet, Teaching Faculty,
KSL. Dr. Ben Saul and Prof. David
Kinley represented the Sydney Center
for International Law.
The meeting interactively discussed
on the challenges and problems faced
by the criminal justice system in
Nepal. It tried to explore ways
to improve understanding, knowledge
of, and respect for human rights
amongst key actors in the criminal
justice system in Nepal and strengthen
the effective functioning of the
justice system in accordance with
international legal standards.
d)
ToT on Safeguarding Human Rights
in the Criminal Justice System in
Nepal
Kathmandu School of Law (KSL) and
Sydney Center for International
Law, The University of Sydney organized
two-day 'Training the Trainers'
on "Safeguarding Human Rights
in the Criminal Justice System in
Nepal " participated by police,
public prosecutors, law teachers
and defense lawyers. The programs
aimed at educating stakeholders
of criminal justice system in Nepal,
mainly police and prosecutors, to
improve understanding and knowledge
of, and respect for human rights.
The ToT program was conducted on
12-13 April, 2009 at KSL participated
by six public prosecutors, five
police officers, three officers
from Armed Police Force, two law
teachers and two defense lawyers.
The program was followed by a short
inaugural session in presence of
Chief Guest Senior Advocate Bishwokanta
Mainali, President of Nepal Bar
Association; Guest of Honour Mr.
Ramesh Chand Thakuri, Inspector
General of Nepal Police; Dr. Ben
Saul, Director, Sydney Centre for
International Law; Prof. David Kinley,
Chair in Human Rights Law, Faculty
of Law, The University of Sydney;
and Assoc. Prof. Dr. Yubaraj Sangroula.
Addressing the program from the
chair of Chief Guest, Senior Advocate
Biswokanta Mainali expressed his
observation on the present scenario
of impunity and police and public
prosecutors' role in the criminal
justice system in Nepal. He pointed
to the demerits of adversarial system
in Nepalese context and role of
police and prosecutors in safeguarding
human rights in Nepal. Police involvement
in investigation is necessary but
still methods are traditional and
they don't fulfill expectation of
people, he added. He also emphasized
on the need of complete reform of
Nepalese criminal justice system
from victim's rights perspective.
Expressing his remarks at the program,
Inspector General of Nepal Police
Mr. Ramesh Chanda Thakuri emphasized
on the importance of human rights
training and legal knowledge to
the police officers. "Nepal
Police lacks officers from law background.
Hence, training on human rights
and rule of law and application
of the gained knowledge in investigating
criminal cases is crucial to build
public confidence over police",
he said. He mentioned that role
of police officers who are engaged
in primary investigation of criminal
cases is crucial to enhance human
rights. By means of their human
rights friendly discharge of duties,
they can build positive relationship
with public and get their support
to control criminal activities.
Earlier in his welcome speech Dr.
Yubaraj Sangroula welcomed all the
guest and participants and highlighted
on the collaboration between KSL
and Sydney University. He said the
concept of training was developed
considering the practice of forced
confessions, inhumane treatment
in detention, sexual harassment,
prolonged delays of cases, unfair
trails, lack of impartial investigations
and lack of access to lawyer etc.
which has created adverse impact
on people, particularly, marginalized
groups of Nepal.
Dr. Ben Saul highlighted on the
objectives of the project and the
importance of the ToT program. The
objective of the project is to improve
understanding and knowledge of,
and respect for human rights, amongst
key actors in the criminal justice
system in Nepal. This objective
will be achieved by reviewing legal
education in Nepal on human rights
in the criminal justice system and
formulating model curriculum to
provide training to police and prosecutors
on human rights, he said. Dr. Saul
also informed about the preparation
of Law Enforcement Training Manual
to conduct the ToT and Training
Workshops. Besides introduction
to Human Rights, the Manual consist
of separate chapters on Arrest,
Detention, Investigation, Policing
Public Order, Fair Trial and Prosecution.
This Manual will provide the basis
of instruction and equip trainers
to deliver a one-day training module
to police and public prosecutors
on human rights in the criminal
justice system in Nepal.
Prof. David Kinley highlighted
on the students exchange, teacher
exchange and possible collaboration
between the two institutions in
different research programs in future.
Concluding the session, Chairperson
Prof. Madhav Pd. Acharya talked
about applicability of human rights
in criminal justice system for the
protection of rights of accused
and also of victims. He further
proclaimed that the academic exercise
of the two institutions will provide
new shape to traditionalism of justice
system and also change the perception
of public upon justice system.
The inaugural session
was followed by ToT. Prof. David
Kinley, Dr. Ben Saul and Dr. Yubaraj
Sangroula facilitated the training.
On the first day, they provided
the overview on the training manual
while detail discussion was made
in each topic on the second day.
The participants engaged in lively
discussion on the issues, realized
the shortcomings in the criminal
justice system, and urged for more
other training and workshops to
ensure human rights friendly criminal
justice system in the days to come.
e)
Regional Workshops on Safeguarding
Human Rights in the Criminal Justice
System in Nepal
Kathmandu School of Law (KSL) and
Sydney Center for International
Law, The University of Sydney organized
six one-day regional workshops on
"Safeguarding Human Rights
in the Criminal Justice System in
Nepal " participated by police,
public prosecutors, and defense
lawyers. The programs aimed at educating
stakeholders of criminal justice
system in Nepal, mainly police and
prosecutors, to improve understanding
and knowledge of, and respect for
human rights.
The workshop was designed on the
basis of the Law Enforcement Training
Manual, 2009, jointly published
by KSL and Sydney Center for International
Law with the funding from Australian
Government, AusAID. The Manual consists
of six separate units on Introduction
on Human rights, Arrest, Detention,
Investigation, Policing Public Order,
Fair Trial and Prosecution designed
for Nepalese police and public prosecutors
to ensure their important roles
in protecting human rights in their
work.
Accordingly, the workshops focused
on key rights affected by law enforcement
powers, including Liberty and security
of person; Freedom from arbitrary
arrest and detention; Freedom from
torture or cruel, inhuman or degrading
treatments; Rights to humane conditions
of detention; Fair trial rights,
including access to legal representation;
Rights to privacy and non-interference;
Rights of vulnerable groups such
as women, children, dalits, homeless
people, stateless people and refugees;
and Rights to effective remedies
for rights violations.
The first such workshop was organized
on 16th April 2009 participated
by eighteen officers from Nepal
Police and Office of the Government
Attorney. The trainers were Prakash
Dhungana, Deputy Government Attorney,
Office of the Attorney General;
Ishwor Babu Karki, Deputy Superintendent,
Nepal Police; Mukunda Raj Acharya,
Deputy Superintendent, Nepal Police;
and Harka Rawal, Defense Lawyer.
The workshop for Eastern Development
Region was conducted on July 21,
2009 at Hotel Eastern Star, Biratnagar
participated by twelve Nepal Police
officers, four public prosecutors,
four armed police officers and three
defense lawyers. The program was
followed by a short welcome remarks
from Mr. Pradeep Pathak, KSL in
presence of Dr. Ben Saul, Director,
Sydney Centre for International
Law and Irene Baghoomians, expert
from Sydney Law School, among others.
Welcoming all the participants,
Mr. Pathak highlighted on the objectives
of the project, collaboration between
KSL and Sydney University and the
importance of the Workshop. After
a short introductory session, the
working session began in which trainers-duo
Mr. Suraj Basent, Faculty, KSL and
Mr. Mohan Bahadur Karki, Joint Attorney,
Office of the Attorney General facilitated
different sessions. The trainers
were selected from among the participants
of ToT programme organized by Kathmandu
School of Law (KSL) and Sydney Center
for International Law, The University
of Sydney on April 16, 2009.
Similar programmes were held in
Nepalgunj, Kanchanpur, Hetauda and
Butwal on July 23, July 24, July
25 and August 20, 2009 for law enforcement
officials from Central, Mid-Western,
Far-Western and Western Development
Region respectively. The programme
was attended by 20 participants
in each programme including police,
public prosecutors and defense lawyers.
The programmes were facilitated
by Assoc. Prof. Dr. Yubaraj Sangroula;
Mr. Shiva Bahadur Ranabhat, Deputy
Attorney, Office of the Attorney
General; Mr. Prakash Thapa, Deputy
Superintendent of Armed Police Force;
Mr. Mukunda Raj Acharya, Deputy
Superintendent of Nepal Police and
Mr. Suraj Basnet, Faculty, KSL.
Workshop Manual was distributed
to all the participants of the workshops.
Participants were also asked to
fill up the evaluation form at the
end of each programme. The participants
engaged in lively discussion on
the issues, realized the shortcomings
in the criminal justice system,
and urged for more other trainings
and workshops to fellow officers
to ensure human rights friendly
criminal justice system in the days
to come.
Participants also expressed their
observation on the present scenario
of impunity and police and public
prosecutors' role in safeguarding
human rights and improving the criminal
justice system in Nepal. They also
underlined the need of regular human
rights training and legal knowledge
to law enforcement officers for
the complete reform of Nepalese
criminal justice system.
All the workshops ended with the
distribution of certificate to the
participants with the commitment
to work for the protection and promotion
of human rights in the criminal
justice system in Nepal.
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