CCPR/C/123/D/2658/2015 rights standards. The Act does not provide an effective judicial remedy, as it diverts all cases of serious violations of human rights committed during the conflict to transitional justice mechanisms, namely the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons. The Act gives wide discretion to authorities as to whether to undertake an effective criminal investigation and prosecution. Furthermore, the author notes that the Commissions have the power to recommend amnesties for gross violations of human rights. Referring to the Committee’s jurisprudence, the author argues that those transitional mechanisms do not amount to an effective judicial remedy and do not need to be exhausted.26 3.14 The author requests the Committee to recommend to the State party that it should: (a) initiate without delay a full and effective criminal investigation by an autonomous and independent criminal investigation body into the allegations leading to the prosecution and punishment of all those responsible — both the persons who carried out the acts and those who directed or otherwise authorized or acquiesced with the actions; (b) provide comprehensive measures to protect the author, her family members and other witnesses against potential threats and reprisals while conducting the investigation; (c) provide the family with adequate and effective reparation; (d) ensure that reparation covers financial compensation for all pecuniary and non-pecuniary losses, including compensation for loss of income and educational opportunity, the cost of the children’s education up to tertiary level, expenses of the search for Mr. Bolakhe and the costs of pursing justice, the costs of psychological treatment and damages for emotional distress; (e) ensure that these measures include access to rehabilitation services for the author, her children and her parents-in-law; (f) provide the full file from the Commission’s investigation. In particular, the author requested an official apology for the family from the Prime Minister, a senior member of the Ministry of Defence and a senior member of the Ministry of Justice. The author also requested general measures to reform laws and institutions to ensure sufficient safeguards to avoid the recurrence of similar violations in the future, including: criminalization of torture and enforced disappearances; removal of immunities from the Army and Police officers responsible for serious human rights violations; reform of the system of registration of a first information report and investigation and prosecution of serious international crimes alleged against State actors; repeal or amendment of the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act to ensure that investigations can also proceed in the domestic justice system for crimes under international law; and reform of the Army to ensure accountability, adherence to court decisions and implementation of a system of vetting of Army and Police officials. State party’s observations on admissibility and the merits 4.1 In a note verbale dated 2 May 2016, the State party submitted its observations on admissibility and the merits of the communication. 4.2 As regards admissibility, the State party contends that the author has not exhausted all domestic remedies. The State party submits that Kavre District Police Office registered the first information report in relation to the death of Mr. Bolakhe, submitted by his father on the basis of culpable homicide on 24 October 2006,27 and that the case is still under investigation. 4.3 The State party notes that the whereabouts of Mr. Bolakhe have already been identified and that the body was handed over to his family for final rites. The State party further noted that the case occurred during the time of armed conflict in Nepal. The Commission of Investigation on Enforced Disappeared Persons and the Truth and Reconciliation Commission were constituted by the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act (2014) to address violations of human rights committed by State and non-State actors during the period of conflict. On 18 May 2016, the two Commissions separately issued public notices to lodge complaints, within a period of 26 27 The author refers to Sharma v. Nepal; Giri v. Nepal; and Chaulagain v. Nepal (CCPR/C/112/D/2018/2010). In the communication, the author notes that Kavre District Police Office informed the Supreme Court that it had registered a first information report on 7 November 2006. 9