CCPR/C/126/D/2773/2016
article 24 of the Covenant, the State has a special duty to protect children’s rights, a duty
justified by the extreme vulnerability of children, especially, as in the present case, when
they live in situations of extreme poverty. The second factor of gravity rests upon the
failure of the State authorities to open any investigation or punish those responsible for the
violations of absolute rights protected by articles 7 and 8 of the Covenant. As described in
the communication, and as stated by the Committee, despite the attempt of the family of the
author to lodge complaints against the acts of torture by police officers and forced labor by
private persons, the judicial authorities consistently resisted conducting any investigation of
the facts. The third element of gravity is that the statute of limitations for seeking redress
for these crimes is contrary to the State’s obligation to fight against impunity, especially in
relation to such grave violations, as recognized by the Committee (see paras. 7.5–7.6 ).4
5.
As to the other criterion identified in the guidelines on measures of reparation, there
are several factors which indicate that the violations suffered by the author constitute a
systematic problem in the State party. Both the Human Rights Committee
(CCPR/C/NPL/CO/2, paras. 10–11) and the Committee against Torture (A/67/44, annex
XIII) have expressed serious concerns in their concluding observations on the periodic
reports of the State party, regarding allegations of the widespread use of torture, the
prevailing climate of impunity for acts of torture and the lack of a legal provision in
domestic law to make torture a criminal offence. The Human Rights Committee has also
expressed concern that child labour and traditional practices of bonded labour are still
prevalent in some regions of the State party (CCPR/C/NPL/CO/2, para. 18). Despite these
repeated exhortations by various treaty bodies, and even though expressly raised in the
communication (see para. 2.1), the State party has not provided any information to show
that legislative and other measures have been taken by it to address these deep-seated
problems. It is therefore the widespread nature of these problems, together with the context
of impunity, which satisfies the other criterion of a systematic problem and provides a
compelling reason to recommend that the State party publicly apologize to the author for
the extremely grave violations that he suffered as a child.
6.
In conclusion, we recall that one factor justifying public apologies is the inadequacy
of compensation in addressing certain types of injustices. Into that category surely falls the
acute suffering faced by the author for a significant part of his childhood. We doubt that
any amount of money can compensate for the many years of forced labour he endured or
for the loss of his childhood or repair the severe psychological damage that is likely to
result from such prolonged trauma. In those circumstances, we are of the view that this is
an eminently fit case for the State party to acknowledge its failure to protect the author, by
providing him with a public apology.
4
16
See also Nyaya v. Nepal (CCPR/C/125/D/2556/2015), para 7.9.
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