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.