CCPR/C/112/D/2051/2011
authorities to his requests for information on his fate and whereabouts and the
consequences on his mental health.
6.2
The State party did not provide relevant information to challenge the admissibility of
the claims related to Jit Man Basnet’s rights. The fact that he was released in no way
absolves the State party from its responsibility for the violations of his rights.
6.3
The amount of 50,000.00 rupees recommended by the NHRC as compensation for
the violations suffered by Jit Man Basnet is a negligible amount to cover the material and
moral harm suffered by him and cannot be considered as an effective domestic remedy
within the meaning of article 2, paragraph 3, of the Covenant. Furthermore, mere pecuniary
compensation for human rights violations of that nature is not a sufficient remedy.
Reparations in cases of gross human rights violations shall include restitution,
rehabilitation, satisfaction and guarantees of non-repetition.
6.4
At the time that the authors’ comments were submitted, the establishment of the
future Truth and Reconciliation Commission and the Commission on Disappearance was
uncertain. Furthermore, the draft bills included a general amnesty clause for perpetrators of
serious violations of international human rights law and international humanitarian law,
including enforced disappearances. Fact-finding processes by non-judicial bodies, though
crucial for the establishment of the truth, could never replace access to justice and redress
for victims of gross human rights violations, the criminal justice system being the more
appropriate avenue for immediate criminal investigation and punishment. In that regard, the
authors point out that the commissions would not be judicial bodies and would only have
the power to make recommendations to relevant organs, including the Office of the
Attorney General.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim contained in a communication, the Human Rights
Committee must, in accordance with rule 93 of its rules of procedure, decide whether or not
the case is admissible under the Optional Protocol to the Covenant.
7.2
The Committee has ascertained, as required under article 5, paragraph 2 (a), of the
Optional Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
7.3
The Committee takes note of the State party’s argument that the claims of violations
of Top Bahadur Basnet’s rights are formulated in an abstract fashion as they do not
explicitly mention which of his rights were violated and in which circumstances. The
Committee, however, observes that Top Bahadur Basnet alleges violations of his rights
under article 7, read in conjunction with article 2, paragraph 3, owing to the events he had
to go through in connection with the alleged illegal detention, enforced disappearance and
torture of his cousin, Jit Man Basnet. The Committee considers that Top Bahadur Basnet
has sufficiently substantiated his claims for purposes of admissibility.
7.4
With respect to the requirement of exhaustion of domestic remedies, the Committee
notes the State party’s argument that the authors have not exhausted domestic remedies;
that Jit Man Basnet’s case should be addressed within the transitional justice mechanisms to
be established in conformity with the 2007 Interim Constitution and the 2006
Comprehensive Peace Agreement; and that Jit Man Basnet can request compensation of
50,000 rupees for his illegal detention and torture, as a victim of the armed conflict, in the
light of the NHRC recommendations. The Committee also takes note of the authors’
allegation that, on 8 March 2002, Top Bahadur Basnet filed a request for investigation into
his cousin’s disappearance to the NHRC; that Jit Man Basnet himself filed requests for
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