CCPR/C/125/D/2556/2015
provide an arrest warrant at the time of arrest, including the grounds for arrest; (e) ensure
that all fundamental legal safeguards for detainees are provided; (f) ensure that
investigations and forensic analyses, mainly with regard to rape and other forms of sexual
violence, follow international standards, in particular the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Istanbul Protocol) and the Guidelines for Medico-Legal Care for
Victims of Sexual Violence issued by the World Health Organization; and (g) establish
capacity-building and educational programmes and training on diligent investigations of
cases of sexual abuse of women, the Istanbul Protocol, international human rights law and
international humanitarian law for the judiciary, army, security forces and all persons who
may be involved in dealing with persons deprived of their liberty.
State party’s observations on admissibility and the merits
4.1
In its observations dated 4 September 2015, the State party argues that the author has
failed to exhaust domestic remedies available both in the criminal justice system as well as
through the transitional justice mechanism, which is the appropriate avenue for truthseeking for crimes committed during the armed conflict.
4.2
As regards the ordinary criminal justice system, the State party notes that the
author’s writ of mandamus is still pending before the Supreme Court of Nepal and that,
according to article 107 of the Interim Constitution of Nepal, the Supreme Court can issue
an appropriate order to provide full justice to the writ petitioner. The State party adds that
domestic legislation can provide specific statutes of limitations to file first information
reports, depending on the nature of the case.
4.3
As regards the transitional justice system, the State party notes that the author still
has the possibility to file a complaint before the Truth and Reconciliation Commission. The
Commission is mandated to investigate conflict-related cases, recommend that the
Government prosecute alleged offenders, and provide reparation to victims. The State party
considers that the regular justice system cannot be enough for truth-seeking, prosecution of
perpetrators, reparations or rehabilitation to victims. The State party notes that truth-seeking
is at the centre of transitional justice mechanisms. It claims, therefore, that the author
should go to the Commission in order to record the violation of her rights and to be eligible
for reparation, restitution and other possible services and benefits.
4.4
The State party notes that offences related to sexual violence, including rape,
violence against women and torture, are criminalized under domestic law. It claims,
therefore, that the Government is committed to conducting prompt and impartial
investigations and bringing perpetrators of sexual violence to justice. The State party
informs the Committee that, to enhance access to justice for victims of rape, the committees
concerned in the Legislature Parliament approved an amendment bill to extend the 35-day
statute of limitation on rape to 6 months. The State party also informs the Committee that a
new bill to fully criminalize all forms of torture and ill-treatment, pursuant to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, is under consideration by the Legislature Parliament.
4.5
The State party finally adds that the army, the Armed Police Force and Nepal Police
had no record of the author’s arrest or her subsequent release as claimed in the present
communication.
Author’s comments on the State party’s observations on admissibility and the merits
5.1
In comments dated 16 November 2015, the author reiterates her allegations on
admissibility and the merits and the requested measures of reparation.
5.2
The author notes that, although her writ of mandamus is still pending before the
Supreme Court, it is unlikely to produce any meaningful result and she does not consider it
to be an effective remedy in her case, and the procedure before the Supreme Court has been
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