CCPR/C/113/D/2000/2010 legislation in order to make effective the decisions of the judiciary with regard to the necessity to criminally investigate, prosecute and punish the perpetrators of torture and enforced disappearance. State party’s observations on admissibility 4.1 By note verbale of 31 January 2011, the State party submitted its observations, challenging the admissibility of the communication on the grounds of non-exhaustion of domestic remedies. It states that the author’s husband was arrested in the District Administration Office on 13 December 2001 and then taken away by security personnel.10 The author’s daughter filed a writ of habeas corpus before the Supreme Court against the Ministry of Home Affairs and others. The Supreme Court in its verdict stated that the Prisoner Investigation Team had found that Mr. Katwal had died following his torture in detention. The Court ordered the Government to conduct a criminal investigation and prosecute the officers and agencies involved in those acts in accordance with the applicable legislation. 4.2 Pursuant to the Court’s ruling, a First Information Report was lodged with the District Police Office of Okhaldhunga district. The investigation is ongoing. The State party emphasizes that it is committed to taking legal action against the persons responsible on the basis of facts and evidence derived from the investigation. In this regard, a First Information Report has been lodged for homicide and the investigation has not been finalized. Domestic remedies have thus not been exhausted. 4.3 The events described in the communication occurred during the armed conflict. To address this special situation, the State party decided to establish a commission to investigate cases of disappearances and a Truth and Reconciliation Commission as provided for in article 33 (s) of the 2007 Interim Constitution of Nepal and in clause 5.2.5 of the Comprehensive Peace Agreement of 21 November 2006. To this end, the Truth and Reconciliation Commission Bill and the Enforced Disappearance (Offence and Punishment) Bill, prepared following extensive consultations and involving the participation of all stakeholders, have been submitted to Parliament and are under active consideration by the relevant legislative committees. The two commissions to be formed after endorsement of those bills shall investigate incidents that occurred during the conflict and bring to the surface the truth about cases of disappearance, including that of Mr. Katwal. All individuals who have been affected by the conflict, including the author, shall have an opportunity to present their case and express their views before those commissions. 4.4 The activities of the two commissions shall in no way substitute the application of the existing criminal law. The bill on enforced disappearance has been designed to establish enforced disappearance as a crime punishable by law; to allow for the establishment of the truth by investigating the incidents that happened during the armed conflict; to end impunity by paving the way for taking appropriate action against the perpetrators; and to provide appropriate compensation and justice to victims. Likewise, the Truth and Reconciliation Commission Bill states that the individuals involved in enforced disappearances shall not be granted amnesty under any circumstances. Due action shall be taken, in conformity with the law, against the individuals found guilty after the 10 official apology should be issued. She also requests that the State party provide her with medical and psychological care immediately and free of charge, through its specialized institutions, and grant her access to free legal aid where necessary, in order to ensure available, effective and sufficient remedies. The State party does not provide further details on the security personnel referred to. 7