Advance unedited version CCPR/C/132/D/2615/2015 in particular the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) and the Guidelines for Medico-Legal Care for Victims of Sexual Violence issued by the World Health Organization; e) provide training and educational courses to members of the judiciary, police and the health sector on the diligent investigation of cases of sexual abuse of women, including a gender and ethnicity perspective; and f) offer educational programmes to the Istanbul Protocol, international human rights law and international humanitarian law for the judiciary, army, security forces and all persons who may be involved in dealing with persons deprived of their liberty. State party’s observations on admissibility and merits 4.1 In its observations dated 4 September 2015, communication is inadmissible because the author has that are available both through the criminal justice mechanism. The latter mechanism is the appropriate committed during the armed conflict. the State party considers that the failed to exhaust domestic remedies system and the transitional justice means for truth-seeking for crimes 4.2 With respect to the ordinary criminal justice system, the author’s writ of mandamus is still pending before the Supreme Court of Nepal and, according to article 107 of the Interim Constitution of Nepal, the Supreme Court may issue an appropriate order to provide full justice to a writ petitioner. In addition, domestic legislation may provide specific statutes of limitations to file first information reports, depending on the nature of the case. 4.3 With respect to the transitional justice system, the author may file a complaint before the Truth and Reconciliation Commission, which was established pursuant to the Act on the Commission on Investigation of Enforced Disappearance, Truth and Reconciliation of 2014. The objectives of that Act are to ensure and provide truth, justice, reparations, and public acknowledgement of victims; prevent abuse; and combat impunity. Section 26 of the Act expressly prohibits amnesty to conflict related rapes and other serious violations of human rights. Established in 2015, the Truth and Reconciliation Commission is mandated to investigate human rights violations related to the conflict; recommend that the Government prosecute alleged offenders, and provide reparation and justice to victims.18 The Commission has drafted its governing Regulation and is currently engaged with developing its Terms of Reference. In order to inform how the Commission will approach its mandate, its Commissioners have visited 20 districts and have held discussions with victims of the conflict, civil society members, rights defenders, government officials and other stakeholders. 4.4 The State party is committed to conducting prompt and impartial investigations and bringing perpetrators of sexual violence to justice. Offences related to sexual violence, including rape, violence against women and torture, are criminalized under domestic law. No one is immune to prosecution for crimes of sexual violence. Individuals convicted of rape may be imprisoned for up to 16 years. When an individual files a first information report with the relevant investigating authority regarding an offence related to sexual violence, that authority is legally required to conduct an investigation. To enhance access to justice for victims of rape, parliamentary legislative committees approved an amendment bill proposing to extend to six months the 35-day statute of limitations period for filing a complaint about rape. In addition, the legislative Parliament is currently considering a new bill proposing to fully criminalize all forms of torture and ill-treatment, pursuant to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 4.5 The ordinary justice system does not suffice for truth-seeking, prosecution of perpetrators, reparations or rehabilitation to victims. Truth-seeking is at the core of transitional justice mechanisms, which is used to identify perpetrators and victims, and to document patterns of abuses for institutional reform. It should be noted that truth-seeking takes place after the establishment of an officially-sanctioned truth commission or commission of inquiry that is authorized to investigate the past. Judicial proceeding against 18 The State party also notes that in 2015, the Commission on Investigation of Enforced Disappearance was also created, and considers that the two Commissions represent a significant step forward for Nepal’s transitional justice process. 7