CCPR/C/126/D/2773/2016
Despite his repeated attempts and those of his family, since September 2012, to have those
responsible for the torture, ill-treatment and child and forced labour duly prosecuted and
sanctioned and to obtain adequate redress, Nepalese authorities did not offer any effective
remedy. On many occasions, Nepalese authorities, including the Supreme Court of Nepal,
refused to register the complaints brought by the author’s representative.
2.19 The author claims that, to date, those responsible for the grave crimes committed
against him enjoy impunity, and he has not received any compensation or reparation for the
harm endured. He adds that the existing flawed domestic legislation makes it impossible for
him to have any prospect of success in terms of access to justice and redress.
The complaint
3.1
The author claims that the State party has violated articles 7 and 10, read in
conjunction with article 24 (1), of the Covenant, given the torture and ill-treatment he
endured in attempts to extract a confession about his alleged involvement in the theft of
gold and valuables, and because of the inhumane conditions of his detention.
3.2
The author also claims violations under articles 7 and 10, read in conjunction with
articles 2 (3) and 24 (1), of the Covenant, owing to the failure of the State party authorities
to conduct a thorough, impartial, independent and effective investigation into his
allegations and to prosecute and sanction those responsible. He did not receive adequate
compensation or integral reparation for the harm suffered.
3.3
The author further claims a violation under article 7, read in conjunction with article
2 (2), of the Covenant, owing to the failure of the State party authorities to adopt adequate
legislative measures to give effect to the rights enshrined in the Covenant and to remove
obstacles in the existing legal framework concerning torture that remains at odds with its
international obligations.
3.4
The author claims to be a victim of a violation of article 9 (1)–(3) and (5), read in
conjunction with articles 2 (3) and 24 (1), of the Covenant, because he was subjected to
arbitrary arrest and detention. 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
State party authorities failed to conduct an effective, independent, impartial and thorough
investigation into those allegations and the author did not receive compensation for the
harm suffered.
3.5
The author also claims to be a victim of a violation of article 14 (2) and (3) (a)–(b)
and (g), read in conjunction with article 24 (1), of the Covenant, because he was not
guaranteed a fair trial, given that: he was not presumed innocent until proven guilty
according to law; in the determination of the criminal charges against him, he was not
informed promptly and in detail of the nature and cause of the charges against him; and he
did not have adequate time and facilities for the preparation of his defence or to
communicate with a counsel of his own choosing. Moreover, he was forced to testify
against himself and signed his confession under duress.
3.6
The author further claims to be a victim of a violation of article 8 (3) (a), read in
conjunction with articles 2 (3) and 24 (1), of the Covenant, because the State party
authorities failed: to adopt the necessary measures to prevent him from being subjected to
child and forced labour; to conduct ex officio an effective, independent, impartial and
thorough investigation; to prosecute or sanction those responsible; and to provide the author
with adequate redress for the harm suffered. Those violations are aggravated by the fact that,
when the events took place, the author was a child and, as such, he was entitled to special
measures of protection that the State failed to adopt.
3.7
The author submits that indigenous children have been historically marginalized and
subjected to discrimination in Nepal. The author claims that all violations are aggravated by
the fact that, at the time of the events, he was a young indigenous boy and, as such, he was
entitled to special protection from the State party, according to article 24 (1) of the
Covenant, given his exposure to intersecting forms of discrimination.
3.8
The author requests that the Committee call upon the State party to ensure that he
obtains integral reparation for the harm suffered, covering material and moral damages and
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