CCPR/C/112/D/2051/2011
detention for about eight months and, despite his family’s efforts, refused to provide them
with information concerning his whereabouts and officially denied his detention in a
military facility. Furthermore, it is not refuted that the authorities moved and hid the
detainees, including Jit Man Basnet, in different areas of the barracks every time the NHRC
and ICRC visited them. The Committee, therefore, finds that the enforced disappearance of
Jit Man Basnet deprived him of the protection of the law during that period, in violation of
article 16 of the Covenant.
8.8
The authors invoke article 2, paragraph 3, of the Covenant, which requires States
parties to ensure that individuals have accessible, effective and enforceable remedies for
asserting the rights recognized in the Covenant. The Committee reiterates the importance it
attaches to States parties establishing appropriate judicial and administrative mechanisms
for addressing alleged violations of rights under domestic law. It refers to its general
comment No. 31 (2004) on the nature of the general legal obligations imposed on States
Parties to the Covenant, in which it states that failure by a State party to investigate
allegations of violations could in and of itself give rise to a separate breach of the Covenant.
In the present case, the Committee observes that Jit Man Basnet did not have access to an
effective remedy while in detention and after his release. During his detention, Top
Bahadur Basnet also approached several authorities looking for his cousin, including the
authorities of the Bhairavnath barracks, who threatened him and refused to provide him
with information about the whereabouts and fate of his cousin. Despite the authors’ efforts
and the NHRC’s recommendations for investigation of 19 January 2005, almost after
10 years of Jit Man Basnet’s arrest no thorough and effective investigation has been
conducted by the State party in order to elucidate the circumstances surrounding his
detention and to bring the perpetrators to justice. Further, the 50,000 rupees granted to Jit
Man Basnet by the NHRC as compensation does not constitute an adequate remedy
commensurate to the serious violations inflicted. Accordingly, the Committee concludes
that the facts before it reveal a violation of article 2, paragraph 3, in conjunction with
articles 7, 9, 10 (para. 1) and 16, with regard to Jit Man Basnet; and of article 2,
paragraph 3, in conjunction with article 7, with respect to Top Bahadur Basnet.
9.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that the
information before it discloses violations by the State party of articles 7, 9, 10 (para. 1) and
16; and of article 2, paragraph 3, read in conjunction with articles 7, 9, 10 (para. 1) and 16
of the Covenant with regard to Jit Man Basnet; and of articles 7 and article 2 (para. 3) in
conjunction with article 7, with respect to Top Bahadur Basnet.
10.
In accordance with article 2, paragraph 3, of the Covenant, the State party is under
an obligation to provide the authors with an effective remedy, including by: (a) conducting
a thorough and effective investigation into the facts surrounding the detention of Jit Man
Basnet and the treatment suffered at the Bhairavnath barracks; and prosecuting, trying and
punishing those responsible for the violations committed; (b) providing the authors with
detailed information about the results of this investigation; (c) providing adequate
compensation to the authors for the violations suffered; (d) ensuring that the necessary and
adequate psychological rehabilitation and medical treatment is provided to the authors; and
(e) providing appropriate measures of satisfaction. The State party is also under an
obligation to take steps to prevent similar violations in the future. In that connection, the
State party should ensure that its legislation allows the criminal prosecution of the facts that
constituted a violation of the Covenant.
No. 1495/2006, Madoui v. Algeria, Views adopted on 28 October 2008, para. 7.7; and No. 1905/2009,
Khirani v. Algeria, Views adopted on 26 March 2012, para. 7.8.
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