CCPR/C/112/D/2031/2011
victims of 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 article 33 (s) of the Interim Constitution of Nepal of 2007
and with clause 5.2.5 of the Comprehensive Peace Agreement of 21 November 2006. To
this end, bills on the truth and reconciliation commission and enforced disappearances
(offence and punishment) have been submitted to Parliament. By the time the State party
submitted the present observations, the bills were pending approval. The two commissions
to be formed after endorsement of those bills will investigate cases which occurred during
the conflict and bring to the surface the truth about those cases.
5.5
The State party also notes that the author was granted Nr. 100,000 as interim relief.
The State party remains committed to investigating, prosecuting and punishing the
perpetrators and providing compensation to the victims of the human rights violations
committed during the armed conflict between 13 February 1996 and 21 November 2006.
Author’s comments on the State party’s observations
6.1
In his comments of 14 November 2011, the author rejects the State party’s
observations. He reiterates his allegations and contests the fact that his father was not
subjected to enforced disappearance. He highlights the fact that many people witnessed the
arrest of his father on 31 December 2001 at Manange Chautara and that the Army itself
admitted in its response to the Supreme Court in 2002 that his father had been taken into
custody under section 5 of the Terrorist and Disruptive Activities Ordinance (2001).
Moreover, he received Nr. 100,000 as interim relief, which is the amount to which the
families of victims of enforced disappearance are entitled. Although in February and March
2002, the authorities informed the National Human Rights Commission and the Supreme
Court that his father had been killed on 1 January 2002 by State agents, allegedly when
trying to escape, the circumstances leading to his death were never completely clarified and
his mortal remains have not been located and returned to the family. Therefore, inasmuch
as the State party has not fulfilled its obligations to provide information on the fate and
whereabouts of his father; identify and return his mortal remains in the event of his death
being confirmed; judge and sanction those responsible; and provide integral reparation to
the author, his father’s situation continues to be one of enforced disappearance.
6.2
As to the facts of the case, the author points out that his attempts to submit a first
information report never succeeded, owing to the refusal by the authorities to register it.
The State party cannot claim that a report on his father’s death was prepared within a first
information report proceeding, since the authorities never admitted its registration. He
received no information or report concerning the investigation and findings on his father’s
case and death. To date, no details whatsoever as to the nature of the alleged investigation
or report have been provided by the State party. In that respect, the author submits that a
refusal to provide any information or communicate with the relatives at all is a violation of
the right to the truth. Providing general information on procedural matters is insufficient
and should also be considered a violation of the right to the truth. 6 In the absence of any
explanation from the State party as to the nature of the investigation allegedly carried out
by its authorities, and in light of the harassment suffered by the author as a result of his
inquiries on the fate and whereabouts of his father, he contests that the alleged investigation
indeed took place and fulfils the requirements under international law.
6
The author refers to general comment No. 10 (2010) of the Working Group on Enforced or
Involuntary Disappearances on the right to know the truth in relation to enforced disappearances,
para. 3.
9