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.

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