CCPR/C/112/D/2051/2011 cases is that government officials are not considered to be “witnesses” and are not constrained by any legal provision to tell the truth. 6 3.7 With regard to Top Bahadur Basnet’s rights, he was subjected to deep anguish and distress due to the arbitrary arrest and subsequent enforced disappearance of his cousin, as well as the lack of investigation. Furthermore, while looking for his cousin, he was repeatedly subjected to episodes of intimidation and harassment. The State party failed to adequately prevent those incidents and to investigate them when they occurred. Furthermore, in the absence of his cousin, Top Bahadur Basnet had to take over the responsibility as a head of the Basnet family and to provide for his cousin’s four sisters and father. As a result, his life was drastically affected as he had to renounce to his commercial activities and borrow large amounts of money. He still suffers the psychological consequences of the severe distress endured. However, he has not received any compensation for the material and moral harm suffered, nor any measure of rehabilitation. Accordingly, he claims that those facts constitute a violation of article 7, in conjunction with article 2, paragraph 3, of the Covenant. 3.8 The authors request the Committee to recommend the State party to: (a) bring the perpetrators of Jit Man Basnet’s arbitrary deprivation of liberty, torture and enforced disappearance before the competent civilian authorities for prosecution, judgement and sanction, and disseminate publicly the results of those measures; (b) provisionally separate from service, all army officials against whom there is prima facie evidence that they were involved in the crimes against Jit Man Basnet, pending the outcome of investigation; (c) ensure that persons suspected of having committed those crimes are not in a position to influence the progress of the investigation by means of pressure or acts of intimidation or reprisal against the complainant, witnesses, their families or their defence counsels or other persons participating in the investigation;(d) ensure that the authors obtain integral reparation and prompt, fair and adequate compensation; and (e) ensure that the measures of reparation cover material and moral damages, and measures of restitution, rehabilitation, satisfaction and guarantees of non-repetition are issued. In particular, they request that the State party acknowledge its international responsibility, on the occasion of a public ceremony, in the presence of the authorities and of the authors to whom official apologies shall be issued; and that the State party name a street or build a monument or a commemorative plate in Kathmandu to preserve the memory of all the victims of enforced disappearance during the internal armed conflict, including a specific reference to the case of Jit Man Basnet whereby his reputation is fully restored. The State party should also provide the authors with medical and psychological care immediately and free of charge, through its specialized institutions, and grant them access to free legal aid where necessary, in order to ensure to them available, effective and sufficient remedies. As a guarantee of non-repetition, the State party should take the necessary measures to ensure that enforced disappearance and torture, and the different forms of participation in those crimes, constitute autonomous offences under its criminal law, punishable by appropriate penalties which take into account their extreme seriousness. Finally, the State party should establish as soon as possible educational programmes on international human rights law and international humanitarian law for all members of the Army, the security forces and the judiciary. State party’s observations on admissibility and the merits 4.1 By note verbale of 24 June 2011, the State party challenged the admissibility of the communication on the grounds of failure to exhaust domestic remedies. 6 Working Group on Enforced or Involuntary Disappearances, report on its visit to Nepal (see note 1 above), paras. 40– 42. 7