CCPR/C/114/D/2038/2011
evidence. The Commission can recommend that the Government give compensation to a
victim and punish perpetrators.
4.4
The State party informs the Committee that two investigative committees headed by
Joint Secretaries at the Ministry of Home Affairs were established in order to ascertain the
fate and whereabouts of the persons that were reported as disappeared during the armed
conflict. It points out that the Army and the Police have also conducted departmental-level
enquiries and held several personnel responsible. Further, to address the situation of
disappeared persons, it decided to establish a commission to investigate cases of
disappearances and a truth and reconciliation commission, in compliance with article 33 (s)
of the 2007 Interim Constitution of Nepal and with clause 5.2.5 of the Comprehensive
Peace Agreement of 21 November 2006. To this end, the Truth and Reconciliation
Commission Bill and the Enforced Disappearance (Offence and Punishment) Bill have been
submitted to the parliament. By the time the State party submitted its observations, the bills
were pending approval. The two commissions to be formed after endorsement of those bills
will investigate cases that occurred during the armed conflict and bring to light the truth
about these cases.
State party’s observations on the merits
5.1
On 10 January 2012, the State party provided its observations on the merits of the
communication. It reiterates its previous observations that the authors have not exhausted
domestic remedies and that the communication should be declared inadmissible pursuant
article 5 (2) (b) of the Optional Protocol.
5.2
The State party informs the Committee that the two bills for the establishment of a
commission on disappearance and a truth and reconciliation commission were pending
approval in a parliamentary committee. It points out that those bills were drafted with
extensive interaction with stakeholders and members of the international community, and
that their provisions are in accordance with international standards.
5.3
The State party remains committed to investigating, prosecuting and punishing the
perpetrators and providing compensation to the victims of the human rights violations
committed during the armed conflict between 1 February 1996 and 2006. It notes that the
authors have already received interim relief.
Authors’ comments on the State party’s observations
6.1
On 18 April 2012, the authors submitted their comments on the State party’s
observations.
6.2
The authors reiterate that they have exhausted all domestic remedies. They argue
that in general a writ of habeas corpus is the remedy best suited to redressing the violation
concerned by producing the disappeared person and thereby ending the unacknowledged
detention. It is therefore the most appropriate immediate remedy to protect the rights of a
person taken by the authorities. However, the regulations concerning such writs and the
manner in which the courts in the State party handle habeas corpus petitions make them
ineffective. The authors further claim that it is the responsibility of the State party to carry
out ex officio a full and thorough investigation into the allegations of torture and enforced
disappearance at the earliest possible opportunity.
6.3
The ruling of the Supreme Court of 1 June 2007 has not yet been fully implemented.
Although the State party granted the families of disappeared persons an interim relief of
Nr 100,000, it has failed to implement the other directives, such as criminalizing enforced
disappearance or prosecuting the perpetrators.
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