CCPR/C/120/D/2170/2012
failure by a State party to investigate allegations of violations could in and of itself give rise
to a separate breach of the Covenant. In the present case, the Committee notes that Mrs.
Neupane, immediately after having been informed of her husband’s detention by the Nepal
Police, visited the District Police Office and other detention facilities in Kathmandu to
gather information about his arrest. She also filed two writs of habeas corpus petitions with
the Supreme Court. Despite the efforts to locate her husband, the State party has not
undertaken an independent and thorough investigation to elucidate the circumstances
surrounding Mr. Neupane’s detention, fate and whereabouts. In this regard, the Committee
considers that the State party has failed to conduct a prompt, thorough and effective
investigation into the disappearance of Mr. Neupane. Additionally, the sum received by the
authors as interim relief does not constitute an adequate remedy commensurate with the
serious violations committed. Accordingly, the Committee concludes that the facts before it
reveal a violation of article 2 (3), read in conjunction with articles 6 (1), 7, 9 and 16, of the
Covenant with regard to Mr. Neupane, and article 2 (3), read in conjunction with article 7,
of the Covenant with respect to the authors.
11.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the information before it discloses violations by the State party of articles 6, 7, 9 and 16
of the Covenant and of article 2 (3), read in conjunction with articles 6, 7, 9 and 16, with
regard to Danda Pani Neupane. The facts also disclose violations of articles 7 and 2 (3),
read in conjunction with article 7, with respect to the authors, Shanta Neupane and Nisha
Neupane.
12.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the authors with an effective remedy. This requires it to make full
reparation to individuals whose Covenant rights have been violated. Accordingly, the State
party is obligated, inter alia, to: (a) conduct a thorough and effective investigation into the
disappearance of Mr. Neupane and provide the authors with detailed information about the
results of its investigation; (b) locate his remains, if Mr. Neupane is no longer alive, and
hand them over to his family; (c) prosecute, try and punish those responsible for the
violations committed and make the results of such measures public; (d) ensure that any
necessary and adequate psychological rehabilitation and medical treatment are made
available to the authors; and (e) provide adequate compensation and appropriate measures
of satisfaction to the authors and to Mr. Neupane, if he is still alive, for the violations
suffered. The State party is also under an obligation to take steps to prevent the occurrence
of similar violations in the future. In particular, the State party should ensure that: (a) its
legislation allows for the criminal prosecution of those responsible for serious human rights
violations such as torture, extrajudicial execution and enforced disappearance; and (b) any
enforced disappearances give rise to a prompt, impartial and effective investigation.
13.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2, the State party has undertaken to
ensure for all individuals within its territory or subject to its jurisdiction the rights
recognized in the Covenant and to provide an effective and enforceable remedy when a
violation has been established, the Committee wishes to receive from the State party, within
180 days, information about the measures taken to give effect to the Committee’s Views.
The State party is also requested to publish the present Views and disseminate them widely
in the official languages of the State party.
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