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NepalMILITARY JUSTICE, NEPAL
The military court system consisted basically of
courtsmartial , similar in composition and jurisdiction to those
of the
Indian Army. Courts-martial were of four kinds: general,
district,
summary general, and summary. A general court-martial was
convened
by the king or an officer deputized by him. It consisted
of five or
more officers, each with three or more years of
commissioned
service. Attending the court, but not a member, was an
officer of
the Department of the Judge Advocate General or an officer
designated by the judge advocate general. The court was
authorized
to impose any sentence prescribed by army regulations. A
district
court-martial consisted of three or more officers, each
with a
minimum of three years of commissioned service, and could
impose
any sentence other than the death penalty. A summary
general courtmartial consisted of three or more officers, with no
requirement as
to the length of their commissioned service. A summary
courtmartial was convened by an officer of the rank of
battalion
commander or above, who acted as the court.
The death sentence, banned in civilian cases under the
1990
constitution, was imposed for treason, mutiny, desertion,
inciting
panic, and surrender of troops, arms, or garrisons to the
enemy
with a finding of cowardice. Authorized punishment for
dereliction
of military duties or regulations in time of war generally
was
twice as severe as that prescribed for the same offense
committed
in peacetime. Contact with foreign diplomats and attachés,
however
innocuous, was strictly forbidden. A few high-ranking
officers in
army headquarters were allowed to interact with foreigners
but only
on official matters. Failure to observe this rule could
damage a
soldier's promotion prospects or lead to disciplinary
action.
The disciplinary powers of officers and noncommissioned
officers were more extensive than in the United States
military
service. Unit commanders could impose up to thirty days'
confinement in prison or restriction to barracks. The most
common
forms of company punishment included extra guard duty,
suspension
from duty or from supervisory assignments, fines of up to
fourteen
days' pay, detention of pay until a financial or property
loss was
compensated, reprimand, and warning. Junior commanders
could demote
officers with the rank of hudda (sergeant) or
lower.
Data as of September 1991
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