CCPR/C/119/D/2184/2012 direct evidence. By quashing her writ of mandamus, the Supreme Court denied her an effective remedy and failed to comply with its obligation to conduct an ex officio, prompt, impartial, thorough and independent investigation into the enforced disappearance of Mr. Nakarmi. Neither the Supreme Court nor any other authority carried out an effective investigation of the circumstances of her husband’s arrest and subsequent disappearance. 5.3 At the time when the author submitted her comments, the establishment of the future truth and reconciliation commission and the commission of inquiry into disappearances was uncertain. Fact-finding processes by non-judicial bodies, although crucial for the establishment of the truth, could never replace access to justice and redress for victims of gross human rights violations and their relatives, as the criminal justice system is the more appropriate avenue for immediate investigation into and punishment of criminal acts. Accordingly, transitional justice mechanisms cannot be considered an effective remedy to be exhausted by the author. 5.4 The author reiterates that she attempted to file a first information report twice. While the authorities initially refused to register it, she eventually succeeded on 19 June 2006. Since neither enforced disappearance nor torture or extrajudicial executions have been criminalized in the State party, no first information reports may be filed for these crimes and thus there are no remedies available in practice. Additionally, the author contends that the first information report is an ineffective remedy because the police generally refuse to register it when members of the police itself or of the armed forces are involved. 9 5.5 The author highlights that she only received interim relief of Nr 100,000 from the Government. It is a negligible amount to cover the material and moral harm suffered by her and cannot be considered as an effective remedy within the meaning of article 2 (3) of the Covenant. Furthermore, mere pecuniary compensation for human rights violations of that nature is not a sufficient remedy. Reparations in cases of gross human rights violations shall include restitution, rehabilitation, satisfaction and guarantees of non-repetition. State party’s observations on the merits 6.1 On 5 April 2013, the State party submitted its observations on the merits and reiterated its observations about the admissibility of the communication. 6.2 The State party informed the Committee that, on 13 March 2013, an executive ordinance on a commission for the investigation into disappeared persons and truth and reconciliation had been promulgated by the President and that it intended to establish a high-level commission for that purpose. Against this background, it would not be appropriate for the Committee to consider the cases pertaining to the period of conflict in Nepal, given that the transitional justice mechanism is about to take up its functions. Author’s comments on the State party’s observations on the merits 7.1 The author submitted her comments on the State party’s observations on the merits on 24 June 2013 and 10 January 2014. She regrets that the State party had failed to address the merits of the communication, as this denotes an indifference towards her suffering. It inter alia failed to provide any information about the fate and whereabouts of her husband, leaving her to bear the brunt of the efforts to uncover any facts. 7.2 On 2 January 2014, the Supreme Court of Nepal declared the executive ordinance of 14 March 2013, which established the commission for investigation into disappeared persons and truth and reconciliation, unconstitutional and inconsistent with international standards. The Supreme Court ordered the authorities to establish a new commission, but no precise deadline was provided. Additional observations State party’s additional observations 8.1 On 11 August and 11 December 2014, the State party informed the Committee that the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act had been 9 The author refers to Human Rights Watch, “Indifference to duty: impunity for crimes committed in Nepal”, 14 December 2010. 7