Ignorance, neglect, or contempt of the rights of man are the sole cause of public calamities and the corruption of governments.
– The Declaration of the Rights of Man and of the Citizen, 1789
I. Introduction
After ten years of internal conflict and two years of political stagnation, Nepal is beginning the early stages of the democratic process. As the years of conflict were characterized by dictatorship, fear, intimidation and human rights violations, the question is now whether state institutions can reform their previous practices and begin to promote democracy by protecting the rights of citizens. This paper highlights some of the factors that render the criminal justice system in its current form incompatible with the ideals of the democratic Naya Nepal promised to Nepali citizens after the signing of the Comprehensive Peace Agreement in 2006. It illustrates how individual rights are ignored and violated, and discusses the weaknesses of the current legal mechanisms intended to safeguard these rights.
