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.