Every detainee has the right to legal counsel under the Interim Constitution of Nepal, however, most detainees are denied access to legal assistance and after their arrest, detainees are prone to further human rights violations in custody. In our daily custody monitoring work if any detainee asks for legal aid we provide them with the service from the start of their detention. If anyone is found to be detained illegally, we register a case of habeas corpus within 24 hours.

Advocacy Forum (AF) believes in providing a quality service. To improve the skills and quality of our staff, the lawyers are given training. International Legal Foundation is currently working with AF to train our lawyers.

Victims who seek legal remedies face significant hurdles. Nepal does not offer effective remedies for victims and there is no witness/ victim protection schemes. Geographical barriers cause difficulties in filing claims and also make it hard for clients to consult with lawyers. All these factors make any action against perpetrators difficult. Providing legal aid ensures that victims of human rights violations understand their right to pursue justice. Offering free legal counseling and para-legal services means that all victims can have access to justice regardless of their education or economic status. Free legal aid exercises the constitutional right of detainees guaranteed under Article 24 (2) (10) of the Interim Constitution. Since 2001, AF has visited custody centers on a daily basis in order to provide detainees with information about their legal rights. As a result of these visits we take on many cases. Our approach is 'pro bono publico'. We are also lobbying for the amendment of the Legal Aid Act of Nepal to make legal aid accessible to those who are in need.

Our legal aid services includes
1. Para- legal services
2. Legal counseling
3. Habeas corpus
4. Case representation within the courts
5. Killing / maiming of children
6. Filing cases with different UN mechanisms and other treaty bodies.

Filing of First Information Report (FIR):
The victim takes the incident to the concerned law enforcement agengy seeking legal remedy. Existing Nepal law has defined Nepal Police as the state authority to entertain such information report as complaint. The complainant of a FIR is required to insert available necessary information about the incident the grievances inflicted onto her/him. The agency enjoying power to receive FIR is required to take the case ahead i.e. taking the alleged perpetrators into control, investigating into the reported case, developing chargesheet, ect. AF has filed 60 FIRs in different police stations but not a single case has been prosecuted yet.

Criminal & Juvenile Justice System Reform:

We also campaign for the creation of a comprehensive juvenile justice system in Nepal. Without a juvenile justice system the young will not get access to real justice. If any juvenile is found to be detained with adult detainees, AF undertakes the necessary steps to ensure that they are taken from police custody and put into "child correctional homes". AF equally advocates for the effective implementation of Children Acts in Nepal. If any controversies arise about the age of a detainee, AF immediately adopts an age verification process.

We also try to improve the court process by fighting to ensure that there is not unnecesssary delay within the system. Regular sectoral and consultation meetings are held with different stakeholders to discuss the problems faced by those involved with the criminal justice system. Sectoral meetings are held every month. Consultation meetings take place every six months. Appropriate solutions to the problems identified are sought by mutual consent. Our efforts have helped to highlight and solve some of the prevailing problems in the Criminal Justice System.