CCPR/C/112/D/2051/2011
of Tribhuvan University,3 submitted to the NHRC after his release, supported the
conclusion. The NHRC recommended that the authorities, inter alia, carry out an
investigation to identify and sanction those responsible, and provide him with 50,000
rupees as compensation. However, at the time that the communication was submitted, none
of the recommendations had been implemented and the compensation had not been paid.
2.14 On 18 September 2006, Jit Man Basnet submitted a contempt of court writ petition
to the Supreme Court against the Commander-in-Chief of the RNA, the chief of army staff,
the Brigadier General of the law division of RNA, the RNA spokespersons, the Commander
of the battalion and the Major of the Bhairavnath Battalion. He claimed that they had
caused contempt of court during the habeas corpus proceedings instituted by advocate
Mr. B.L., as they misled the Court by denying that he had been detained in the Bhairavnath
barracks and subjected to torture. Accordingly, the author requested the Court to impose on
them the maximum possible punishment as provided for in section 7(1) of the Supreme
Court Act, 2048 (1991). On 19 September 2006, the Joint Registrar of the Supreme Court
denied the registration of the author’s petition as it was addressed against defendants not all
of whom were included in the original writ of habeas corpus, and failed to identify which
acts constituted contempt of court. On 22 September 2006, the author requested the
Supreme Court to overturn the Joint Registrar’s decision. On 14 December 2006, the
author’s request was rejected by the Supreme Court.
2.15 In parallel, on 29 October 2006, Jit Man Basnet filed a writ of mandamus to the
Supreme Court, claiming that he had been illegally detained and subjected to ill-treatment
and torture. He requested that the Court order the Government to establish a high-level
independent judicial commission to investigate the disappearance of persons held in the
Bhairavnath barracks. On 22 December 2006, Lieutenant Colonel R.J.K., on behalf of the
Bhairavnath Battalion, informed the Supreme Court that the author had been arrested by the
security forces on the grounds of his involvement in terrorist activities and held in detention
by “virtue of the order of the competent authority under the law”. He also stated that
Mr. Basnet was not subjected to torture or ill-treatment. On 2 January 2007, the Army
Legal Department reiterated that information before the Supreme Court. On 3 March 2009,
the Supreme Court dismissed the mandamus writ due to the absence of Mr. Basnet’s lawyer
in one hearing. The authors, however, claim that the lawyer missed only 1 out of
15 hearings.
2.16 On 6 March 2010, Jit Man Basnet filed a request for compensation with the Ministry
of Peace and Reconciliation in connection with his illegal arrest and detention by the RNA.
At the time that the communication was submitted, he had received no compensation.
2.17 The authors claim that they have exhausted all domestic remedies. Despite their
efforts, no investigation has been carried out by the State party and no one has been
sanctioned for Jit Man Basnet’s arbitrary detention, enforced disappearance and torture.
Moreover, the NHRC cannot be considered an effective remedy. The authors argue that
they did not try to file a first information report to the police as that procedure is limited to
the crimes listed in Schedule 1 of the Government Cases Act of 1992 which does not
include enforced disappearance and torture. The Supreme Court ordered the Government in
2007 to criminalize enforced disappearance, but no action has been taken in that respect. As
3
According to the English translation of the medical examination report issued by the Tribhuvan
University’s Institute of Medicine, Maharaj Campus, of 19 December 2004, provided by the authors,
Jit Man Basnet had multiple hyperpigmented tramline contusion marks and scars on his body. The
report also stated that “the injuries [were] produced by the repeated impact of elongated objects with
blunt force. Age of the injury marks [was] consistent with alleged time of infliction”.
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