CCPR/C/126/D/2773/2016
incorporating measures aimed at providing restitution, rehabilitation, satisfaction, including
restoration of dignity and reputation, and guarantees of non-repetition.
3.9
The author also requests that the Committee call upon the State party to adopt the
following specific measures: (a) investigate the facts of the case, with a view to prosecuting
all those responsible for the violations committed against the author, in a manner
commensurate with the gravity of the crimes, and suspend or remove the suspected police
officers while the investigation is ongoing; (b) ensure that the author receives medical and
psychological care free of charge; (c) award an education grant to the author should he wish
to pursue technical or university studies; (d) acknowledge the international responsibility of
Nepal and provide and official apology to the author on the occasion of a public ceremony;
(e) ensure that the author obtains prompt, fair and adequate compensation proportional to
the gravity of the violations suffered, including the physical, mental and moral damage and
his loss of opportunity in terms of employment and education; (f) indicate the specific
domestic authorities that are in charge of implementing each measure of reparation; and (g)
translate the Views of the Committee into Nepalese and publish them in the Official
Gazette.
3.10 The author further requests that the Committee call upon the State party to
implement the following general measures as guarantees of non-repetition: (a) criminalize
torture in accordance with the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment; (b) amend the legislation establishing the unduly
restrictive 35-day statute of limitations to submit complaints concerning torture; (c) make it
mandatory to provide, at the time of the arrest, an arrest warrant stating the grounds for the
arrest; (d) establish education programmes on international human rights and international
humanitarian law for all members of the Nepalese police, the judiciary and all persons that
may be involved in the custody and/or treatment of persons deprived of their liberty; and (e)
take the measures necessary to ensure that the inmates of all detention facilities across
Nepal have adequate food, medical care and sanitary conditions according to international
standards.
State party’s observations on admissibility and the merits
4.1
In its observations dated 18 September 2017, the State party claimed that the
author’s allegations were “not based on facts and reality”.
4.2
The State party notes that the daughter of the author’s landlord filed a first
information report against the author for the theft of several of her valuables. The author
was legally arrested by the police in Ratnapark, Kathmandu. The State party claims that the
author confessed his guilt and that he had received 2,000 Nepalese rupees (approximately
$17.20) from his neighbour for the stolen goods, in his statements before the Government
Attorney (the prosecutor).
4.3
The State party denies any allegations that torture took place during the police
investigation of the author’s case. The State party notes that, after the author reported that
he had been tortured and requested a medical examination, the Kathmandu District Court,
in the context of the adjudication of the theft case against the author, immediately ordered a
medical examination, which was conducted by the Forensic Medicine Department of the
Tribhuvan University Teaching Hospital. The forensic report of 13 September 2012 did not
show that there had been any kind of physical assault or indication suggestive of injury and
did not reveal any significant psychiatric morbidity. Given that the medical report presented
before the District Court did not contain evidence of any act of torture committed against
the author, the Court did not make any order regarding the author’s claim of torture. The
State party claims that, if the author was not satisfied with the District Court’s decision, he
should have filed an appeal before the Appellate Court in Patan, which he did not do. The
State party claims that the communication is inadmissible, given that the author failed to
exhaust available domestic remedies.
4.4
The State party notes that the author was placed in a “juvenile reform home” on the
basis of the order of the Kathmandu District Court and later released by order of the
Supreme Court of Nepal, which based its decision on the provisions of the Convention on
the Rights of the Child and general comment No. 10 (2007) on children’s rights in juvenile
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