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Prisoner's legal Aid Project
Free legal aid to the prisoner is the part and partial of the personal liberty, when accused for any criminal charges. It is universally guaranteed fundamental human right under the criminal justice. Similarly criminal justice is guaranteed as fundamental right under Article 14 of the constitution of the kingdom of Nepal 2047. State is obliged under Article 26(14) to pursue the policy ensuring free legal aid to the marginalized or incapable parties by suitable legislation or scheme.
Modern state has to ensure the opportunities for securing justice without denying to any citizen by reason of economic or other disabilities .It is required at various stages such as for obtaining guidance for resolving dispute in court, tribunal and other authorities.
Right to speedy trial under Article 14(3)(i) of the covenant on the Civil and Political right requires that everyone charged with the criminal offence shall have right to be tried with out undue delay .In Nepal there is no such provision under the constitutional frame work but the principle "that a procedure which does not ensure a reasonably speedy trial and hold the detainee behind bar for a long time with out a trial can not be regarded as reasonable ,fair or just and thus not in conformity with the requirement of Art 12 (1) it is essential and apparent that speedy trial is the essence of criminal justice and delay in trial constitute the denial of it.
Despite the constitutional and other legal framework, the state mechanism in Nepal has not yet worked out to implement the legal aid act effectively. On the one hand the Legal Aid Act is to be implemented phase wise, on the other hand there is no effective programmee and budget so far.
In this situation, the role of NGOs and the civil societies enhancing concept of legal aid is perceived as of most significant. Prisoner's legal aid Project has become an outstanding programmee of the center for legal research and resource development. (CeLRRd)
Where the service is available ?
Five different centers in Kathmandu , Janakpur, Nepalgunj, Biratnagar and Chitwan were established in order to make service available to the needy people throughout the country.Lateron from May 2003 onward, the centers have been rearranged into three centers at Biratnagar .Kathmandu and Nepalgunj.
Presently CeLRRd has been represented more than 5000 different cases through out the country on behalf of prisoners.
Kathmandu Center
Kathmandu center works through the the Kathmandu School of Law, under the permanent prisoners Legal Aid Clinic, which is providing free legal Aid to the prisoners at the Kathmandu Valley . Where, the Supreme Court, Appellate Court, District Courts including number of tribunals is situated.
Nepalgunj Center
Nepalgunj center looks after the five Appellate Courts (Appellate court Nepalgunj, Appellate court Mahendranagar, Appellate court Dipayal, Appellate court Dang and Appellate court Jumla) including different district courts and tribunals under same jurisdictions.
Biratnagar Center
Biratnagar Center looks after the three appellate courts (Appellate court Ilam, Biratnagar and Dhanakuta) including the different district courts and tribunal under the same jurisdiction.
To coordinate prisoners legal aid service on demand number of sub center are set up with specific coordinator in the areas where above mentioned jurisdiction do not fall namely in Dang Mahendranagar Rupandehi, Kapilbastu Hetauda and Udayapur.
How the service is provided ?
The legal aid Lawyer to provide legal aid is well trained by the CeLRRd, any prisoners may ask to the paralegals in their regular visiting to the Prison. Then the legal aid layer engage themselves into the legal aid service.
Legal Aid service is provided during the pre trial stage, trial stage and post trial stage through out the country according to the need of the prisoner. The service is providing by counseling to the prisoners about his/her interest or by pleading at the court etc.
The prisoners or their relatives may ask for free legal aid service any offices of the CeLRRd. After such information paralegal will visit the concerned prison and approach the prisoner and collect the information then legal aid proceeds
Center for Legal Research and Resource Development (CeLRRd) P.O.Box No. 6618, Shantinagar, Minbhavan, Kathmandu, Nepal Tel: 977-1-2042268 , 6634455, 6634663, Fax: 977-1-6634801 E-mail :celrrd@wlink.com.np, Website : www.celrrd.org.np