CCPR/C/115/D/2077/2011
police officers constitutes unlawful interference with the author’s privacy, family and
home, in violation of article 17 of the Covenant.
8.6
The author invokes article 2 (3), which requires States parties to ensure that
individuals have accessible, effective and enforceable remedies for asserting the rights
recognized in the Covenant. The Committee reiterates the importance it attaches to States
parties establishing appropriate judicial and administrative mechanisms for addressing
alleged violations of rights under domestic law. It refers to paragraph 15 of its general
comment No. 31 (2004) on the nature of the general legal obligation imposed on States
parties to the Covenant, in which it states that a failure by a State party to investigate
allegations of violations could in and of itself give rise to a separate breach of the Covenant.
When allegations are made about the commission of the most serious violations of the
Covenant, such as a violation of article 7, the State party is normally expected to resort to
criminal investigations and prosecutions in response. In the present case, the Committee
observes that, despite the author’s efforts and legal proceedings in the Kathmandu district
and appellate courts and the Supreme Court to seek redress, no thorough and effective
investigation has been concluded by the State party in order to establish the facts
surrounding his detention, and no criminal proceedings have ever been started to bring the
perpetrators to justice. Therefore, the Committee considers that the State party has failed to
conduct a thorough and effective investigation into the torture and ill-treatment, unlawful
arrest and detention and continuous harassment to which the author was subjected, and to
bring any appropriate criminal proceedings against the perpetrators. Additionally, the
20,000 rupees received by the author as compensation for having been tortured does not
constitute an adequate reparation commensurate with the seriousness of the violations
inflicted. Accordingly, the Committee concludes that the facts before it also reveal a
violation of article 2 (3), read in conjunction with articles 7, 9 (1), (2) and (5), 10 (1) and 17
of the Covenant.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation by the State party of articles 7, 9 (1), (2) and (5),
10 (1) and 17, and of article 2 (3), read in conjunction with articles 7, 9 (1), (2) and (5),
10 (1) and 17 of the Covenant, with regard to the author.
10.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author 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, inter alia, to: (a) conduct a thorough and effective investigation into the
facts submitted by the author, in particular the treatment to which he was subjected on 18
July 2007; (b) prosecute, try and punish those responsible for the arbitrary arrest, torture
and ill-treatment, inhuman detention and harassment of Mr. S. and make the results of such
measures public; (c) provide adequate compensation and appropriate measures of
satisfaction to the author for the violations suffered; and (d) ensure that any necessary and
adequate psychological rehabilitation and medical treatment is provided to the author. The
State party is also under an obligation to take steps to prevent the occurrence of similar
violations in the future. In this connection, the Committee reiterates its recommendation
that the State party should take measures to eradicate torture and ill-treatment, including by
adopting legislation defining and criminalizing torture with sanctions and remedies
commensurate with the gravity of the crime, in accordance with international standards (see
CCPR/C/NPL/CO/2, para. 10).
11.
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 of the Covenant, the State party has
undertaken to ensure for all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy when
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