CCPR/C/126/D/2560/2015 7.9 The Committee also recalls that, under article 2 (3) of the Covenant, States parties must ensure that all persons have accessible, effective and enforceable remedies in order to claim the rights enshrined in the Covenant. The Committee further recalls its general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, particularly the fact that, when investigations reveal violations of certain Covenant rights, States parties must ensure that those responsible are brought to justice. As with the failure to investigate, the failure to bring to justice perpetrators of such violations could in and of itself give rise to a separate breach of the Covenant. Those obligations arise notably in respect of violations recognized as criminal under either domestic or international law, such as torture and similar cruel, inhuman and degrading treatment, and summary and arbitrary killing. 14 7.10 The Committee takes note of the writ submitted to the Supreme Court and filed on behalf of 34 disappeared persons, including Amrit Kandel, demanding that the status of those disappeared be made public. The Committee also takes note of the judgment of the Supreme Court of 1 June 2007 ordering the Government to investigate the status of those disappeared, to hold the perpetrators accountable and to provide reparation to the relatives of the victims. It further takes note that the State party has not enforced the judgment, arguing that the authors should register the complaint regarding the disappearance of Amrit Kandel with the Commission of Investigation on Enforced Disappeared Persons and that the authorities would take legal action against those involved in the offence upon the recommendation of the Commission. 7.11 Despite the efforts made by Amrit Kandel’s family, no investigation has been concluded by the State party in order to establish the circumstances surrounding the arrest, detention and enforced disappearance of Amrit Kandel and no perpetrator has been tried and punished. The State party has not clarified why no such investigation has yet taken place or why there has been a delay in carrying out such an investigation. 7.12 Accordingly, the Committee considers that the State party has failed to conduct a prompt, thorough and effective investigation into the circumstances of the arrest, detention and enforced disappearance of Amrit Kandel, in violation of article 6, read in conjunction with article 2 (3) of the Covenant. 7.13 The Committee notes the authors’ argument that Amrit Kandel’s arbitrary detention and his subsequent enforced disappearance amount, in and of itself, to treatment contrary to article 7. The Committee recognizes the degree of suffering involved in being held indefinitely without contact with the outside world. The Committee takes notes of the authors’ allegations that the overall conditions of detention at Bhairabanath Battalion barracks, Maharajgunj (2003–2004), which included interrogations under duress and the use of electric shocks, amounted to cruel, inhuman and degrading treatment. Moreover, it notes that Ramhari Kandel saw that Amrit Kandel’s body was swollen and covered with bruises from being beaten. As the State party denies the arrest and does not provide any evidence to clarify the facts regarding Amrit Kandel’s treatment in detention, the Committee finds that his enforced disappearance and treatment while in detention constitute a violation of article 7 of the Covenant. Having reached that conclusion, the Committee will not examine the claims regarding the violation of article 10 (1) of the Covenant for the same facts. 7.14 The Committee notes the anguish and distress caused to the authors and their family by the disappearance of Amrit Kandel; the continuing and prolonged uncertainty surrounding the circumstances of his arrest and detention; that Amrit Kandel’s release could not be secured by his relatives; and that the authors knew that no investigation was being carried out and that no one was being held accountable for Amrit Kandel’s disappearance. The Committee considers that these facts reveal a violation of article 7 with respect to the authors of the present communication. 7.15 The Committee takes note of the authors’ allegation of a violation of article 9 of the Covenant because Amrit Kandel was deprived of his liberty on 10 October 2003 and was not presented with a warrant at the time of his arrest. No legal grounds were provided for 14 See the Committee’s general comment No. 31, para. 18. 11