CCPR/C/125/D/2556/2015
disproportionately negative effect on girls and women, who are predominantly the victims
of rape. 33 In the present case, due to the trauma endured, the social shame and
stigmatization of victims of sexual violence in the author’s community and the lack of
access to information on possible available legal avenues, nine years passed before the
author was able to attempt to seek justice for the violations she was subjected to (see paras.
2.9–2.10 above). The Committee takes note that the State party has committed to enhance
access to justice for victims of rape (see para. 4.4 above) and also takes note that, in 2018,
the State party amended its criminal code, extending the statute of limitations for filing
complaints for the crime of rape and other sexual offences from 35 days to 1 year.34 The
Committee notes, however, that even this new statute of limitations is not commensurate
with the gravity of such crimes.
7.10 In light of the above, the Committee concludes that the statute of limitations for the
crime of rape under Nepalese law in force at the time of the events prevented the author
from accessing justice and violated her rights under article 2 (3), read alone and in
conjunction with articles 3, 7, 9, 24 and 26 of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose violations by the State party of articles 7 and 24 (1); articles
2 (1) and 3, read alone and in conjunction with articles 7, 24 (1) and 26; article 8 (3), read
alone and in conjunction with articles 7 and 24 (1); article 9, read alone and in conjunction
with articles 2 (3) and 24 (1); articles 17 and 23 (1); and article 2 (3), read alone and in
conjunction with articles 3, 7, 9, 24 and 26.
9.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the author with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia, to: (a) conduct a thorough and effective investigation into the facts
surrounding the arrest, detention and rape of Ms. Nyaya and the treatment she suffered in
detention; (b) prosecute, try and punish those responsible for the violations committed; (c)
provide the author with detailed information about the results of the investigation; (d)
ensure that any necessary and adequate psychological rehabilitation and medical treatment
is provided to the author free of charge; and (e) provide effective reparation, adequate
compensation and appropriate measures of satisfaction to the author for the violations
suffered, including arranging an official apology in a private ceremony. The State party is
also under an obligation to take steps to prevent the occurrence of similar violations in the
future. In particular, the State party should ensure that its legislation: (a) criminalize torture
and provide for appropriate sanctions and remedies commensurate with the gravity of the
crime; (b) adapt the definition of rape and other forms of sexual violence in accordance
with international standards; (c) guarantee that cases of rape, other forms of sexual violence
and torture give rise to a prompt, impartial and effective investigation; (d) allow for
criminal prosecution of those responsible for such crimes; and (e) remove obstacles that
hinder the filing of complaints and effective access to justice and compensation for victims
of rape and other forms of sexual violence against women and girls in the context of the
Nepali armed conflict, as forms of torture, including by significantly increasing the statute
of limitations commensurate with the gravity of such crimes. 35
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure for all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy when
a violation has been established, the Committee wishes to receive from the State party,
33
34
35
10
See CCPR/C/NPL/CO/2, para. 13, in which the Committee expressed concern at the lack of progress
in abolishing the 35-day limitation period for filing complaints of rape; Maharjan et al v. Nepal, para.
7.6; and Maya v. Nepal, para. 12.5.
Chapter 18, section 229 (2) of the new Nepalese criminal code act of 2017, which entered into force
in August 2018.
See CCPR/C/NPL/CO/2, para. 13. See also International Criminal Tribunal for the former Yugoslavia,
Prosecutor v. Furundzija, case No. IT-95-17/1-T judgment of 10 December 1998, para. 155.