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
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