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. 12

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