CCPR/C/112/D/2018/2010 Those facts, as described, show an unnecessary and disproportionate use of force that amounts to a violation of article 6 of the Covenant. 8.9 The author received 100,000 rupees as interim relief in 2008 and another 200,000 rupees in 2010. However, despite several requests to the local administration, he has not been provided with the 200,000 rupees which the NHRC recommended that the Government provide to him. In that respect, he claims that interim relief is humanitarian assistance rather than reparation, and does not relieve the State party of its obligation to provide him with an effective remedy. 8.10 Given the developments since the filing of the communication, the author makes two additional requests for relief in his case and requests the Committee to recommend the State party to: (a) ensure the prompt provision to him and to the NHRC of the full records of the military investigation into the events in Pokhari Chauri Village on 12 and 13 February 2004, including the full records of the proceedings of the two courts of inquiry and court martial held to examine the facts, as well as all evidence, including witness statements, tabled before them; and (b) repeal the Ordinance on Investigation of Disappeared Persons, Truth and Reconciliation Commission, and ensure that any replacement legislation is compliant with the State party’s obligations to provide an effective remedy under the Covenant. Further submissions from the parties 9.1 On 4 July 2014, the author informed the Committee that on 25 April 2014, the State party’s Parliament had adopted Act 2071 (2014) creating the Truth and Reconciliation Commission and the Commission on Investigation of Disappeared Persons (the Act). 9.2 The author indicates that the Act is applicable to all cases of “serious violations of human rights” committed during the armed conflict period, and argues that several provisions are incompatible with international human rights standards. Notably, the Act confers on the Commissions the power to recommend amnesties for gross violations of international human rights law or serious violations of international humanitarian law, such as the ones raised in the present communication; the Commissioners lack guarantees of independence and impartiality; and the Act fails to recognize the victims’ right to full reparation.19 Should the Committee find that the Covenant has been violated in the present case, the Committee could recommend that the State party amend the Act, following appropriate consultation with victims, their families, civil society and the NHRC. In particular, the State party should: (a) remove the power to grant amnesty for gross violations of the Covenant; (b) ensure that gross violations of the Covenant are the subject of criminal investigation and that those responsible are brought to justice, including by ensuring that decisions not to prosecute are judicially reviewable; (c) remove the power “to bring reconciliation” between victims and perpetrators without the consent of the victim; (d) guarantee the impartiality and independence of Commissioners; and (e) recognize the 19 14 The author refers to the Technical Note of the Office of the United Nations High Commissioner for Human Rights (OHCHR): “The Nepal Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation, 2071 (2014) — as Gazetted 21 May 2014”, available from www.ohchr.org/Documents/Countries/NP/OHCHRTechnical_Note_Nepal_CIDP_TRC_Act2014.pdf, and the press release entitled “Nepal: Truth-seeking legislation risks further entrenching impunity, alert UN rights experts”, issued on 4 July 2014 by the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, the Working Group on Enforced or Involuntary Disappearances, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, available from www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=14824&LangID=E.

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