Case 1:
Ms A(Name Edited) of age 46 from Kathmandu Metropolitan ward no. 3 Maharajgunj was arrested from the Shangri-La casino during and charged for gambling which is illegal for Nepalese people.
According to Shanta she had arrest from back side of the hotel at night 9 o'clock by the male police person without any information letter or letter of cause. Police present her within 24 hours in the CDO (court). The behavior of police is not normal but at the time of arrest they use offering for money to lose the charge but I’m innocent. At the period of interrogation the police discourage to appoint, meet or council to the lawyers. Police didn't give physical torture.
Case 2:
Mr B (Name Edited)Case age of 19 Years old from Kathmandu Metropolitan ward no. Gongabu Ganeshthan was arrested public offences on 2067/06/1. He was charge about public offence and arrest without any information about arrest then after 2 (two) days of arrest police provide information the reason of arrest. He was not presented before the CDO (court) within 24 hours as well as not provided to counseling to lawyer before the interrogation.
Case 3:
Mr C (Name Edited) from Palpa District Devinagar VDC-6 was arrested at the Tribhuvan International Airport, Kathmandu in the he was charge to Counterfeit of Indian currency with a bag full of Indian currency amount of Rs. 41, 90,000/-.
Police take to present within 24 hours at the court to take and give statement is continuously conducting. According to Tek Bahadur he has not knowledge about the currency which was found in the bag, he is only a porter.
According to him the police personals were manipulate on it’s not necessary to keep lawyers at the period of interrogation. He was also not familiar on right to remain silence and police didn't inform to him about this right.
Case 4:
Mr D (Name Edited) of 28 years from Kathmandu Municipality -29 Samakhusi in the case of Kidnapping was arrested on 31st Bhadra 2067 at 11 PM.
He was not informed about his reason of arrest by police without any information or information letter about charge.
Police give information letter after 3 days of arrest. Police has given pressure for arbitrary statement. The police have provided to meet my family members but they have not provided to meet and consult to lawyer before the interrogation.
The police have given very much physical torture and beaten to him and he has lost to listening power of right ear.
Case 5
Mr D (Name Edited) of 32 years from Panauti Municipality-3, Kavre district on the charge of Adulteration of food was arrested on 29th Bhadra 2067 at 7 PM from his room at Kathmandu- 14 Kalimati.
According to Sahadev he is a vegetable seller of Kalimati Vegetable market. Police was charge to Sahadev Thapa to sell mixed impure honey. He was not the honey seller he is a vegetable seller.
Police was not informing about the cause of arrest till now. They has presented before CDO within 24 hours in the period of arrest. According to Thapa he signed forcefully his statement paper without read and listen by police. He has not knowledge to consult to the lawyer before interrogation in police office.
Findings:-
(i) Most of the cases have shown that detainees weren’t provided the arrest paper by police.
(ii) The right to counsel with the lawyer is not provided during pre trial.
(iv) The case study shows the detainees weren’t provided the minimum domestic and international fair trial standards.
(v) During the observation of the case files and interview with the police personnel of the crime investigation section, they have made the routine of their task the qualities in the case documents fairness and humanity which shows that they are very much familiar about the fair trial standards there is a problem only in application of the domestic and international fair trial standards.
Conclusion:-
The case files as well as the record files maintained by the police don’t show the clear or actual picture of the case and conditions. The files will be fake or maintained just for the shake for the court.
Recommendation:-
This very research may recommendations to the law implementation and enforces bodies like the police; the prosecutor as well as the court will apply and maintain the standard rules of fair trial not just shake for show the record.
