CCPR/C/119/D/2185/2012 about the circumstances of Rajendra Dhakal’s enforced disappearance, his fate and whereabouts, the progress and result of the investigation has been constantly violated by the State party. 3.9 The third author is a victim of a violation of her rights under article 7, read in conjunction with articles 2 (3) and 24 (1) of the Covenant. She was 9 years old at the time of her father’s disappearance. She suffered from anguish as she was growing up in dire financial conditions and seeing her mother having an extremely hard time taking care of the family. During the critical years of her youth, she had to withstand the emotional and social burden of living in a stigmatized family and to hear the stories about her father’s death. Her plans to complete her studies in Kathmandu were curtailed by the economic hardship the family was experiencing and around 2001 she had to go back to Gorkha. 3.10 The authors request the Committee to recommend the State party, inter alia, to: (a) order a thorough investigation, as a matter of urgency, into Rajendra Dhakal’s fate and whereabouts; (b) release Rajendra Dhakal, should he be alive and, in the event of his death, to locate, exhume, identify and respect his mortal remains and return them to the family; (c) bring the perpetrators before the competent civilian authorities for prosecution, judgment and sanction, and disseminate publicly the results of that measure; (d) ensure that the authors obtain comprehensive 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. 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 Rajendra Dhakal’s relatives, to whom official apologies should be issued. 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 that they are granted effective and sufficient remedies. As a guarantee of nonrepetition, the State party should take the necessary steps 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 that take into account their extreme seriousness. State party’s observations on admissibility 4.1 On 10 October 2012, the State party submitted its observations on admissibility, contending that the authors had failed to exhaust domestic remedies. 4.2 The State party maintains that the authors’ allegations before the Committee were considered by the Supreme Court of Nepal within the habeas corpus proceeding lodged by the second author. During that proceeding, all the authorities stated that Rajendra Dhakal had not been arrested or detained by the security forces. The Supreme Court issued a search warrant, but Rajendra Dhakal’s whereabouts could not be established. 4.3 The authors have not filed a first information report with the police, as required by the State Cases Act of 1992. If they do, the police will investigate the case in accordance with the law. The authors have therefore failed to exhaust the available domestic remedies. 4.4 The State party notes that the alleged human rights violations contained in the communication appear to have been committed during the armed conflict. To address that situation, it has decided to establish a commission to investigate cases of disappearances and a truth and reconciliation commission, in compliance with the Interim Constitution of Nepal of 2007. To that end, bills on a truth and reconciliation commission and a commission on enforced disappearances have been submitted to the parliament. At the time the State party submitted its observations, the bills were pending approval. The two commissions to be formed after endorsement of the bills will investigate cases that occurred during the conflict and bring to light the truth about those cases. The State party holds that, against that background and in the light of its sincere efforts to establish those transitional justice mechanisms, it could not be concluded that domestic remedies have been unreasonably prolonged. 6