CCPR/C/112/D/2031/2011 enjoying his human rights and freedoms. Consequently, the State party is responsible for a continuing violation of article 16, read in conjunction with article 2, paragraph 3, of the Covenant. 3.7 Although the author promptly reported the arbitrary deprivation of liberty, ill-treatment and enforced disappearance of his father and filed several complaints, no ex officio, prompt, impartial, thorough and independent investigation has been carried out and the fate and whereabouts of his father remain unknown. His remains have not been located, exhumed, identified and returned to the family. Moreover, as of today, no one has been summoned or convicted for his arbitrary deprivation of liberty and subsequent ill-treatment and enforced disappearance. Accordingly, the State party has violated and is continuing to violate his father’s rights under articles 6; 7; 9 and 10, alone and read in conjunction with article 2, paragraph 3, of the Covenant. The author further claims that his and his mother’s effort have been systematically frustrated, owing to loopholes in the legal framework. For instance, in the context of judicial proceedings, government officials are not considered to be “witnesses” and are not constrained by any legal provision to tell the whole truth. 5 In addition, the fact that enforced disappearance and torture do not constitute separate offences under the criminal law makes the prosecution and conviction of those accused of such crimes difficult. 3.8 The author argues that he has suffered anguish and distress since 2001, owing to the arbitrary deprivation of liberty, ill-treatment and enforced disappearance of his father, as well as to the acts and omissions of the authorities over the following nine years in dealing with the issues. The lack of an effective investigation into his father’s enforced disappearance causes him a painful ongoing uncertainty, which affects his life. Due to his quest for justice, the author and his family have been repeatedly subjected to intimidation and harassment. The State party has failed to adequately prevent these incidents and to investigate them when they occurred. Although the authorities claim to know the location of Mr. Bhandari’s remains, they have never undertaken any meaningful effort to return those remains to the family, fostering the author’s ongoing anguish and frustration in not being able to give his father a proper burial. Moreover, he has not received adequate compensation for the material and moral harm suffered by him and his father, nor any measure of rehabilitation or satisfaction. Accordingly, he claims that those facts constitute a continuing violation of his right under article 7, read in conjunction with article 2, paragraph 3, of the Covenant. 3.9 The author requests the Committee to recommend the State party to: (a) order an independent investigation as a matter of urgency concerning the fate and whereabouts of his father and, in the event that his death is confirmed, to locate, exhume, identify and respect his mortal remains and return them to the family; (b) bring the perpetrators before the competent civilian authorities for prosecution, judgment and sanction, and disseminate publicly the results of this measure; (c) ensure that the author obtains integral reparation and prompt, fair and adequate compensation; and (d) ensure that the measures of reparation cover material and moral damage and measures of restitution, rehabilitation, satisfaction and guarantees of non-repetition. In particular, he requests that the State party acknowledge its international responsibility, on the occasion of a public ceremony, in the presence of the authorities and of himself, to whom official apologies shall be issued; and that the State party name a street or build a monument or a commemorative plate in Lamjung in memory of all the victims of enforced disappearance during the internal armed conflict. The State party should also provide the author with medical and psychological care immediately and free of charge, through its specialized institutions, and grant him access to free legal aid, 5 See E/CN.4/2005/65/Add.1, paras. 40-42. 7