CCPR/C/113/D/2000/2010
comprehensive inquiry, and investigations are to be carried out by the two commissions to
be formed once the bills are approved. The commissions will be authorized to investigate
any individual, including those who are no longer in their official positions.
4.5
It cannot be argued that justice will not be met simply because these bills are not yet
in force. It is a recognized practice around the world to constitute truth and reconciliation
commissions in order to address cases emanating from the special situation of an armed
conflict, to shed light on those cases and facilitate the prosecution of alleged perpetrators
and at the same time favour reconciliation for sustainable peace.
4.6
The State party further argues that the facts as submitted by the author differ from
the content of the writ of habeas corpus filed by the author’s daughter before the Supreme
Court. At that time, she stated that the author’s husband had been arrested by the Royal
Nepalese Army at the District Education Office, whereas in the communication before the
Committee, the author stated that Mr. Katwal went to the army barracks on his own as
instructed by the District Education Officer. The State party therefore contends that the
author is exaggerating the facts before the Committee. It further argues that the author’s
allegation that her daughter was arrested by the 18th Brigade of the Royal Nepalese Army,
tortured and released upon paying Nr 40,000 is baseless. The Terrorist and Destructive
Activities Ordinance did not have any provisions on monetary penalty and the author has
not been able to submit any evidence to support her claim, which contradicts her assertion.
4.7
With regard to the alleged perpetrator of the act of torture against Mr. Katwal, the
Prisoner Investigation Team stated in its report that the then Captain Dinesh Thapa was
found to be responsible for inflicting torture on Mr. Katwal. Captain Thapa died while in
service on 28 October 2002 during an offensive by the then insurgents at the Rumjatar Post
of Okhaldhunga.
4.8
The author has acknowledged before the Committee that Mr. Katwal’s family
received Nr 300,000 as interim relief. The State party understands that this sum is not
sufficient and can in no way compensate for the pain and anguish suffered by the family of
Mr. Katwal. However, that amount is provisional and the State party is committed to
providing additional relief on the basis of the recommendations made by the transitional
justice mechanisms to be set up in the near future.
4.9
On the ground that the State party is committed to conducting appropriate and
comprehensive inquiries into all the cases of enforced disappearance that took place during
the 10-year armed conflict and that it has already taken steps towards finding an appropriate
domestic remedy in the spirit of the Interim Constitution, the Comprehensive Peace
Agreement and directives of the Supreme Court, the State party is of the view that the
communication submitted by the author should be dismissed.
4.10 The State party further explains that it is always alert to the need that the activities
undertaken by the Nepalese army, armed police and other security agencies are in
conformity with human rights. In this respect efforts were deployed through training and
orientations to promote and protect human rights, which have improved remarkably.
Training of security forces has been carried out in cooperation with the country presence of
the Office of the United Nations High Commissioner for Human Rights in Nepal (OHCHRNepal).
4.11 Protecting human rights, promoting democratic values and norms and ending
impunity are the utmost priorities of the State party. The State party has gone through
democratic political transition and it is diligently working towards creating a favourable
atmosphere for all to enjoy their rights and fundamental freedoms. It therefore requests the
Committee to dismiss the communication on the basis of all the grounds mentioned in its
observations.
8