CCPR/C/119/D/2185/2012
authorities seeking information, and later filed a writ of habeas corpus before the Supreme
Court. On 1 June 2007, the court found that Rajendra Dhakal was forcibly disappeared by
the police and ordered the authorities to carry out an investigation. Despite the authors’
efforts and the Supreme Court’s decision, more than 17 years after Rajendra Dhakal’s
disappearance, no thorough and effective investigation has been conducted by the State
party in order to elucidate the circumstances surrounding his detention and whereabouts
and to bring the perpetrators to justice. The State party has failed to explain the
effectiveness and adequacy of investigations carried out by the authorities and the concrete
steps taken to clarify the circumstances surrounding Rajendra Dhakal’s disappearance, as
ordered by the Supreme Court of Nepal on 1 June 2007. In case of his death, the State party
has also failed to search for his mortal remains and return them to his family. Therefore, the
Committee considers that the State party has failed to conduct a prompt, thorough and
effective investigation into Rajendra Dhakal’s disappearance. Additionally, the sums
received by Rajendra Dhakal’s family as interim relief do not constitute an adequate
remedy commensurate with the serious violations inflicted. Accordingly, the Committee
concludes that the facts before it reveal a violation of article 2 (3), read in conjunction with
articles 6 (1), 7, 9 and 16, with regard to Rajendra Dhakal; and article 2 (3), read in
conjunction with article 7 of the Covenant, with respect to the authors.
12.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the information before it discloses violations by the State party of articles 6, 7, 9 and 16
of the Covenant; and of article 2 (3), read in conjunction with articles 6, 7, 9 and 16 of the
Covenant with regard to Rajendra Dhakal. The information also discloses violations of
article 7 and article 2 (3), read in conjunction with article 7, with respect to the authors.
13.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide individuals whose Covenant rights have been violated with an
effective remedy in the form of full reparation. Accordingly, the State party is obligated to,
inter alia: (a) conduct a thorough and effective investigation into the disappearance of
Rajendra Dhakal and provide the authors with detailed information about the results of the
investigation; (b) if Rajendra Dhakal is dead, locate his remains and hand them over to his
family; (c) prosecute, try and punish those responsible for the violations committed and
make the results of such measures public; (d) ensure that any necessary and adequate
psychological rehabilitation and medical treatment are made available to the authors free of
charge; and (e) provide adequate compensation and appropriate measures of satisfaction to
the authors and Rajendra Dhakal, if he is alive, for the violations suffered. The State party
is also under an obligation to take all steps necessary to prevent similar violations from
occurring in the future. In particular, the State party should ensure that its legislation allows
for the criminal prosecution of those responsible for serious human rights violations, such
as torture, extrajudicial execution and enforced disappearance, and that any enforced
disappearances give rise to a prompt, impartial and effective investigation.
14.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure for all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy when
it has been determined that a violation has occurred, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. The State party is also requested to publish the present Views and to
have them widely disseminated in the official language of the State party.
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