CCPR/C/113/D/2000/2010
death, and to bring the perpetrators to justice. Further, the Nr 300,000 granted to the author
as compensation cannot be seen as constituting an adequate remedy commensurate to the
serious violations inflicted. Accordingly, the Committee concludes that the facts before it
reveal a violation of article 2 (3), in conjunction with articles 6, 7, 9 (1‒4) and 16, with
regard to Mr. Katwal, and of article 2 (3), in conjunction with article 7, with respect to the
author herself.
12.
The Human Rights Committee, acting under article 5 (4) of the Optional Protocol to
the International Covenant on Civil and Political Rights, is of the view that the information
before it discloses a violation by the State party of articles 6, 7, 9 (1–4) and 16, and of
article 2 (3), read in conjunction with articles 6, 7, 9 (1–4) and 16 of the Covenant with
regard to Mr. Katwal, and of article 7, and article 2 (3) read in conjunction with article 7, of
the Covenant with respect to the author herself.
13.
In accordance with article 2 (3) of the Covenant, the State party is under an
obligation to provide the author with an effective remedy, including by: (a) conducting a
thorough and effective investigation, with a view to locating the remains of Mr. Katwal and
returning them to his family; (b) prosecuting, trying and punishing those responsible for the
deprivation of liberty, torture and enforced disappearance of Mr. Katwal and making the
results of such measures public; and (c) providing effective reparation, including adequate
compensation and appropriate measures of satisfaction, to the author for the violations
suffered. The State party is also under an obligation to take steps to prevent the occurrence
of similar violations in the future. In this connection, the State party should ensure that its
legislation allows the criminal prosecution of the facts that constituted a violation of the
Covenant.
14.
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 or not there has
been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure to 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, within 180 days, information about the measures taken to give effect
to the Committee’s Views. The State party is also requested to publish the present Views
and to have them widely disseminated in the official languages of the State party.
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