CCPR/C/112/D/2018/2010 3.5 Additionally, the author submits that the treatment he received, both the severe beatings, the fact that he was forced to watch the execution of his daughter, and the ensuing impunity of the perpetrators, amount to torture in violation of article 7. 3.6 The author submits that his daughter was not a Maoist, and if membership of a proscribed organization constitutes an offence under Nepali law, the arrest of a 17-year-old unarmed girl by a group of armed soldiers without an arrest warrant and in the middle of the night is unjustifiable and a violation of article 9 of the Covenant. The author submits that, while in detention, Subhadra was not treated “with humanity and with respect for the inherent dignity of the human person”, which amounts to a violation of article 10 of the Covenant. 3.7 The author claims that the lack of “equal protection of the law” in the present case constitutes a violation of article 26 of the Covenant. Under the Muluki Ain (National Legal Code), chapter 10 “On Homicide” section 13, a person who intentionally commits an act of murder will be subject to life imprisonment and confiscations of all property and possessions. However, as those who killed Subhadra are State agents, they can avoid prosecution. Furthermore, due to the unified command system,11 it was extremely difficult for the police to conduct investigations in cases involving an army officer, as often that army officer would be their superior. As explained above, there are a number of provisions in domestic law which allow State agents to escape prosecution for crimes for which an ordinary citizen would be prosecuted. 3.8 The author invites the Committee to request the State party to carry out a full and effective criminal investigation into the allegations capable of leading to the prosecution of all those responsible, both the persons who carried out the acts and those who directed or otherwise authorized or acquiesced to the actions. He further asks the Committee to direct the State party to afford full and effective compensation for the breach of rights, including financial compensation for all pecuniary and non-pecuniary losses, restitution of rights, rehabilitation, measures of satisfaction and guarantees of non-repetition. As to the general measures, he asks that the State party reform its laws and institutions to ensure sufficient safeguards against the recurrence of that kind of violation. State party’s observations on admissibility 4.1 By note verbale of 15 March 2011, the State party submitted its observations, challenging the admissibility of the communication on the ground of non-exhaustion of domestic remedies. On 5 June 2006, a First Information Report was lodged by the author to the DPO (Kavre), alleging that the search operation force commanded by the lieutenant of brigade No. 9 had killed his daughter. On 14 December 2009, the Supreme Court issued a mandamus, ordering prompt completion of investigations in relation to the FIR. Following the mandamus order, the Law Section of the Police Headquarters issued directives to all subordinate police officers to conduct prompt and effective investigations. Following the Supreme Court’s order, the DPO (Kavre) expedited the investigation process. Depositions of two witnesses were recorded by the DPO on 23 April 2010. The author’s wife was also heard on 30 August 2010. On 21 January 2011, the Area Police Office (Kattike) visited the crime scene and “executed a deed on the spot”.12 The State party adds that “further requisite investigation is being carried out by the police expeditiously in accordance with the laws in force”. 11 12 The Army was under the direct control of the monarchy at the time that Subhadra was killed, and both the police and the Armed Police Force were placed under the unified command of the Royal Nepal Army between November 2001 and April 2006. Therefore police officers under that unified command were often part of the unit allegedly responsible for the killings and would claim they were powerless to investigate their superiors. No further details were provided by the State party. 7