CCPR/C/123/D/2658/2015 7.20 The author invokes article 2 (3) of the Covenant, which imposes on States parties the obligation to ensure an effective remedy for all persons whose rights under the Covenant have been violated. The Committee attaches importance to the establishment by States parties of appropriate judicial and administrative mechanisms for addressing claims of rights violations. It refers to its general comment No. 31, which provides, inter alia, that failure by a State party to investigate allegations of violations could in and of itself give rise to a separate breach of the Covenant. In the present case, the Committee notes that the author and her family, immediately after Mr. Bolakhe’s arrest, visited Kavre District Police Office and other detention facilities to gather information about his detention. They also filed a writ of habeas corpus petition. Despite these efforts, the State party has not undertaken an independent and thorough investigation to elucidate the circumstances surrounding Mr. Bolakhe’s arrest, detention and killing. In this regard, the Committee considers that the State party has failed to conduct a prompt, thorough and effective investigation into the disappearance and death of Mr. Bolakhe. Additionally, the sum received by the author as interim relief does not constitute an adequate remedy commensurate with the serious violations committed. Accordingly, the Committee concludes that the facts before it reveal a violation of article 2 (3), in conjunction with articles 6, 7, 9, 16 and 17 of the Covenant with regard to Mr. Bolakhe; and article 2 (3), read in conjunction with article 7, of the Covenant with respect to the author, her children and parents-in-law. 8. The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the information before it discloses violations by the State party of articles 6, 7, 9, 16 and 17 read alone and in conjunction with article 2 (3) of the Covenant with regard to Mr. Bolakhe, and a violation of article 7 read alone and in conjunction with article 2 (3), with respect to the author, her children and parents-in-law. 9. In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide the author and her children and parents-in-law with an effective remedy. This requires it to make full reparation to individuals whose Covenant rights have been violated. Accordingly, the State party is obligated to, inter alia: (a) conduct a thorough and effective investigation into the facts surrounding the detention of Mr. Bolakhe and the treatment he suffered during detention and killing; (b) provide the author and her family with detailed information about the results of its investigation; (c) prosecute, try and punish those responsible for the violations committed and make the results of such measures public; (d) ensure that any necessary and adequate psychological rehabilitation and medical treatment are made available to the author and her family; and (e) provide effective reparation, including compensation and appropriate measures of satisfaction, to the author and her children and parents-in-law 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 particular, the State party should ensure that its legislation (a) criminalize torture and enforced disappearance and provide for appropriate sanctions and remedies commensurate with the gravity of the crimes; (b) guarantee that such cases give rise to a prompt, impartial and effective investigation; and (c) allow for criminal prosecution of those responsible for such crimes. 10. 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 there has been a violation of the Covenant and that, pursuant to article 2, the State party has undertaken to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when it has been determined that a violation has occurred, 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 language of the State party. 16

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