CCPR/C/115/D/2077/2011 pending the outcome of the investigation against them; (c) to ensure that Mr. S. obtains full reparation and prompt, fair and adequate compensation; and (d) to ensure that the measures of reparation adopted in favour of Mr. S. cover material and moral damages and incorporate measures aimed at providing restitution, rehabilitation, satisfaction and guarantee of nonrepetition. In particular, to repair the harm caused to the author and prevent the repetition of similar acts, the author asks the Committee to request the State party to acknowledge its international responsibility, sending a strong signal condemning similar conduct. As a form of rehabilitation and in order to reduce the author’s psychological suffering, the Government should be asked by the Committee to support the process of medical and psychological rehabilitation, bearing the burden of charges, and granting the author access to free legal aid where necessary. As a guarantee of non-repetition, the author would like the Committee to request the State party to make torture an autonomous offence under its criminal law, punishable by appropriate penalties that take into account its extreme seriousness. The different forms of participation in the commission of torture should also be criminalized and made punishable with appropriate sanctions. As a guarantee of nonrepetition, the Committee should recommend to the State party that it establish throughout the country an educational programme on human rights law and humanitarian law for the armed forces, police personnel and the judiciary. State party’s observations on admissibility 4.1 In a note verbale dated 4 October 2011, the State party submitted its observations relating to the 2007 events, challenging the admissibility of the communication on the grounds of non-exhaustion of domestic remedies, abuse of the right of submission and an ill-founded and ill-substantiated communication. It states that there are several other statutory mechanisms to address violations of rights, in addition to the regular court mechanism. The State party notes that the National Human Rights Commission is an independent and impartial commission established under the Human Rights Commission Act of 1997, and that it is vested with the statutory power to conduct enquiries into human rights violations, to require any person to appear before it and to gather, receive, examine and assess information and evidence. The Commission can recommend that the Government give compensation to a victim and punish perpetrators. 4.2 The State party also challenges the allegations made by the author regarding the inefficiencies of the Nepalese judicial system, arguing that the system was established on the basis of the separation of powers and is fully independent and autonomous. 4.3 Further, the State party denies the allegation that domestic law is not in line with the standards established by the Convention against Torture, citing the Constitution, which prohibits torture, and the Compensation relating to Torture Act, which provides for the prosecution of torture and compensation of victims. 4.4 The State party concludes that the author did not furnish the Committee with reliable grounds and evidence showing that the Nepalese judicial system is ineffective. It states that Mr. S. is able to move freely and enjoy his freedom without threats or harassment. The State party believes the communication to be inadmissible on the grounds that the author has received sufficient compensation and proper justice at the domestic level. It contends that the author has intentionally misrepresented the law as well as his position, thereby abusing his right to submit a communication, which is ill-founded and not sufficiently substantiated. State party’s observations on the merits 5.1 In its note verbale dated 9 May 2012, the State party submitted its observations on the merits of the communication, challenging the allegation of arbitrary arrest in respect of Mr. S. and his wife. It states that on 9 February 2011, in the course of a patrol, the police 9