CCPR/C/120/D/2170/2012 arrest and detention. The authors claim that all these facts constitute a violation of article 9 of the Covenant. 3.5 The authors allege that prolonged isolation and deprivation of communication are in themselves cruel and inhuman treatment, harmful to the psychological and moral integrity of the person and a violation of detainees’ right to respect for their inherent dignity as human beings. In the present case, despite the limited information regarding the conditions in which Mr. Neupane was detained, the fact that he was held in incommunicado detention, with no access to legal recourse or his family members, in itself constitutes a violation of article 10 of the Covenant. 3.6 Despite the evidence that Mr. Neupane was detained by the police, the State authorities have categorically denied their involvement in his detention and subsequent enforced disappearance. By failing to formally register Mr. Neupane’s detention and to bring him before a judge or any other official authority exercising judicial power, the Nepalese authorities have placed him outside the protection of the law in a situation of complete defencelessness, thereby violating article 16 of the Covenant. 3.7 The authors allege that the lack of recognition by the Nepalese authorities of Mr. Neupane’s deprivation of liberty has prevented him from accessing the right to an effective remedy. Despite the fact that the authors have requested the authorities to establish the fate and whereabouts of Mr. Neupane, their efforts have been systematically frustrated, as effective remedies are de facto non-existent in the State party. Consequently, the failure of Nepal to ensure an effective remedy to protect Mr. Neupane’s rights under articles 6, 7, 9, 10 and 16 of the Covenant is a continuous violation of these provisions, read in conjunction with article 2 (3). 3.8 The authors also claim that the enforced disappearance of Mr. Neupane has had a profound impact on their lives, causing ongoing feelings of uncertainty and anguish. They also state that for approximately three years after Mr. Neupane’s arbitrary detention, security forces personnel paid regular visits to the family home in Gitanagar. The authors felt threatened and were in constant fear of physical abuse and even death at the hands of the security forces. Mr. Neupane’s daughters were also harassed by security forces, and on 31 March 2005, Nisha Neupane was arbitrarily arrested and detained by the army and subjected to severe torture while in custody. The authors believe that her arbitrary detention was linked to the fact that she was Mr. Neupane’s daughter. To date, the authors’ right to know the truth about the circumstances of Mr. Neupane’s enforced disappearance, his fate and whereabouts, as well as the progress and results of any investigation, has been constantly violated by the State party. In this regard, the authors allege that all these facts constitute a violation by the State party of article 7, read alone and in conjunction with article 2 (3), of the Covenant in respect of the authors. 3.9 The authors request the Committee to recommend that the State party, inter alia: (a) initiate an investigation, as a matter of urgency, into the disappearance of Mr. Neupane with a view to locating him and, in the event of his death, to locate, exhume, identify, respect and return his mortal remains to his family; (b) bring the perpetrators before the competent authorities for prosecution, judgment and sentencing, and disseminate publicly the results of this measure; (c) suspend from office all Nepal Police personnel against whom there is prima facie evidence that they were involved in the arbitrary detention and enforced disappearance of Mr. Neupane; and (d) ensure that the measures of reparation cover material and moral damages and measures of restitution, rehabilitation, satisfaction and guarantees of non-repetition. In particular, the authors request that the State party acknowledge its international responsibility, on the occasion of a public ceremony, in the presence of the authorities representing the State and Mr. Neupane’s relatives, to whom official apologies shall be issued; name a street or erect a monument or commemorative plaque to preserve the memory of all the victims of enforced disappearance; provide the authors with medical and psychological care immediately and free of charge and grant them access to free legal aid where necessary. As a guarantee of non-repetition, the State party should take the necessary measures to ensure that enforced disappearance and torture, and the different forms of participation in these crimes, constitute autonomous offences under its criminal law, punishable by appropriate penalties which take into account their extreme seriousness. It should also establish as soon as possible educational programmes on 5

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