CCPR/C/112/D/2018/2010 years after the killing of the author’s daughter, was effective, in light of the serious and grave nature of the alleged violations, and that the delay had been unreasonably prolonged.18 Accordingly, the Committee concluded that it was not precluded from considering the communication under article 5, paragraph 2 (b), of the Optional Protocol. 6.4 The Committee declared the communication admissible with respect to the claims under articles 6, 7, 9 and 10, all read in conjunction with article 2, paragraph 3, in relation to the author’s daughter; as well as with respect to article 7, read in conjunction with article 2, paragraph 3, of the Covenant, with respect to the author. State party’s observations on the merits 7.1 By note verbale of 19 April 2013, the State party submitted its observations on the merits and reiterated that the author had not exhausted domestic remedies. 7.2 Taking into consideration the recommendation of the NHRC, in February 2010 the State party provided the author with 100,000 rupees as “interim relief” and later another 200,000 rupees, which were collected by him from the Kavre District Administration Office. 7.3 Article 33 (q) and (s) of the Interim Constitution of Nepal 2007 and Section 5.2.5 of the Comprehensive Peace Agreement provided for the establishment of a transitional justice mechanism to address serious violations of human rights and provide justice to the victims of the armed conflict. The process of establishing that mechanism could not be completed owing to the expiry of the term of the Constituent Assembly. However, on 13 March 2013, the President promulgated the Ordinance on Investigation of Disappeared Persons, Truth and Reconciliation Commission (the Ordinance). Given that context, the State party maintains that it would be inappropriate for the Committee to continue considering the present communication and adopt views thereon and requests the Committee to discontinue the communication. 7.4 The objectives of the high-level Commission on Investigation of Disappeared Persons, Truth and Reconciliation are: (a) to investigate gross violations of human rights, including enforced disappearances during the armed conflict, and ascertain the truth about the persons involved in those incidents during the course of the armed conflict; (b) to end the state of impunity by bringing perpetrators involved in serious violations under the ambit of the law; and (c) to create a conducive environment for reconciliation in society and to submit a report containing recommendations on reparation for victims. The Commission’s membership, with persons from different parts of the country and social sectors, will ensure its independence, impartiality and competence. 7.5 According to the Ordinance, “serious violations of human rights” means, among other things, the following acts carried out systematically or targeting unarmed persons or the civilian population: murder; abduction and hostage taking; disappearance; physical or mental torture; rape and sexual violence; and any type of inhuman act committed in violation of international human rights or humanitarian law, or other crimes against humanity. The Commission will exercise its jurisdiction over serious human rights violations committed during the armed conflict, from 13 February 1996 to 21 November 2007, by State agents and the Communist Party of Nepal (Maoists). Therefore, the allegations made by the author of the present communication fall under the jurisdiction of the Commission. 18 12 Ibid., para. 6.3.

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