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 5

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