CCPR/C/126/D/2773/2016
also notes that the author claims that the 35-day statute of limitations under domestic
legislation, which precluded him from filing his torture compensation claim, is not
commensurate with the gravity of the crime. The Committee further notes that the grounds
alleged by the Nepalese authorities for refusing to register the author’s complaints were
based on the same 35-day statute of limitations. The Committee recalls its jurisprudence
according to which such an unreasonably short statutory period for bringing complaints for
such grave violations is flagrantly inconsistent with the gravity and nature of the crime. 24
The Committee takes note that, at the time of its submission, the State party informed that
its legislation regarding torture would be amended, in order to criminalize and define it as a
punishable crime (see para. 4.11 above) and also takes note that, in 2018, the State party
amended its Criminal Code, including the criminalization and definition of torture under
section 167 of the Code, setting a statute of limitations of six months from the day of the
commission of the torture or from the day the person was released, if deprived of her or his
liberty, to file a torture complaint and establishing a punishment of a maximum of five
years’ imprisonment or a $500 fine, or both, for a person held responsible for torture. The
Committee considers that, given that the revised legislation does not have retroactive effect,
it is therefore not relevant to the author’s case and that the new statute of limitations and
imposed penalties for torture are still not commensurate with the gravity of such a crime.
7.6
In the light of the foregoing, the Committee concludes that the failure of the State
party to conduct any investigation into the author’s torture allegations, especially given that
he was a child, and the fact that the statute of limitations for torture compensation claims
under Nepalese law in force at the time of the events prevented the author from accessing
an effective remedy, violated, in both instances, his rights under article 7, read alone and in
conjunction with articles 2 (3) and 24 (1), of the Covenant.
7.7 Having found a violation of article 7, read alone and in conjunction with articles 2 (3)
and 24 (1), of the Covenant, the Committee decides not to examine separately the author’s
claim of a violation of article 7, read in conjunction with article 2 (2), of the Covenant.
7.8
The Committee notes the author’s claims under article 9 of the Covenant that he was
subjected to arbitrary arrest and detention as a child and that he was not informed, at the
time of arrest, of the reasons for his arrest nor was he promptly informed of any formal
charges brought against him. The author has further claimed that he was deprived of his
liberty between 14 August and 6 September 2012, without being informed of the charges
against him and without having the opportunity to communicate with a counsel until 6
September 2012. The State party has stated merely that the arrest of the author complied
with legal guarantees, without providing any additional information or evidence. The
Committee considers that the author presented a consistent and detailed description of the
facts surrounding his arrest and deprivation of liberty, which have not been contested by the
State party. Therefore, the Committee concludes that the State party violated the author’s
rights under article 9, read alone and in conjunction with article 24 (1), of the Covenant.
7.9
In the light of the latter conclusion, the Committee decides not to examine separately
the author’s claims under article 9, read in conjunction with article 2 (3).
7.10 The Committee notes the author’s allegations that, between 2010, when he was 14
years of age, and 2012, he was forced to work for a family in Kathmandu, from 4 a.m. to 10
p.m. every day, as a domestic helper. It also notes the author’s claim that he spent almost 2
years cooking, doing kitchen work, cleaning, sweeping, doing the shopping, taking care of
the house, attending to visitors, massaging feet and washing clothes for the family, without
being allowed to attend school and without receiving any payment for his work. He also
alleges that he was subjected to psychological and physical abuse by the family, until he
decided to escape in July 2012.
7.11 The Committee notes that the author claims that the State party authorities failed to
conduct ex officio an effective, independent, impartial and thorough investigation and did
not prosecute or sanction those responsible, nor provide the author with adequate redress
for the harm suffered. It also notes that the State party has not contested the author’s
allegations as to the fact that the police and the Office of the Chief District Officer rejected
24
Nyaya v. Nepal, para. 7.9, Maharajan v. Nepal, para. 7.6, and Giri v. Nepal, para. 6.3.
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