CCPR/C/115/D/2077/2011
people, without food or water, in a state of constant fear and restlessness. Referring to the
Committee’s jurisprudence,10 the author concludes that the State party has violated his
rights as guaranteed by article 10.
3.7
The author alleges that the circumstances in which he was arrested without any
ground in law, the circumstances in which he was detained and the treatment to which he
was subjected also constitute a violation of article 17 of the Covenant. The author submits
that the conduct of the police itself amounted to a separate breach of the Covenant since it
disrupted his normal family life. The permanent physical and psychological consequences
Mr. S. had suffered, and was still suffering at the time the communication was submitted,
forced him to quit his job, with tremendous consequences for his family life. His wife had
to take a job, which hampers her ability to take care of her family; previously the
breadwinner, Mr. S. became a burden on the rest of his family and the family began to face
economic and social problems. All members of the family have been forced to change their
lifestyle owing to Mr. S.’s torture and have been subjected to threats and harassment. Ms.
S. was even detained and subjected to ill-treatment by the police in an event related to the
complaint filed by Mr. S. against the police.
3.8
The author emphasizes that he was prevented from exercising his right to an
effective remedy in connection with the alleged violations of articles 7, 9 (1), (2) and (5),
10 (1) and 17 of the Covenant, in violation of article 2 (3) of the Covenant. The State party
failed to provide an effective remedy to the author, who is still living in fear and in
continuous danger. Nepal has failed to codify and criminalize torture, has failed to
investigate allegations of torture and sanction those found responsible for them and,
moreover, has failed to take measures to prevent similar violations in the future,11 in
violation of article 7. Also in violation of article 7, the person responsible for Mr. S.’s
torture was not prosecuted, despite the fact that his identity is well known. In addition, the
author argues that a small pecuniary remedy is not itself sufficient compensation for the
multiple violations to which he was subjected: the arbitrary arrest and detention in violation
of article 9; the torture in violation of article 7; the inhuman treatment while in detention in
violation of article 10; and the lasting consequences to his family life in violation of article
17.
3.9
As a consequence of the legal action taken following Mr. S.’s arrest and torture, Mr.
and Ms. S. and their daughters have been and continue to be the target of harassment and
threats, and are exposed to the risk of suffering irreparable harm to their physical and
psychological integrity. The author also claims to be under surveillance by the police and to
have received several threats to his life and physical integrity. He therefore requests that the
Committee issue interim measures (see para. 1.2) requesting the State party to investigate
all alleged episodes of threats and harassments, to refrain from any direct or indirect
pressure, threat, harassment or any other measure and to take measures to ensure the
security of the author, his family and his legal representative.
3.10 The author asks the Committee to request the State party, in conformity with article
2: (a) to bring the perpetrators before the competent ordinary authorities for criminal
prosecution, judgement and sanction for his arbitrary arrest, inhuman detention and torture,
and to publicize the results of this measure; (b) to suspend from office all the police
personnel who appear to be involved in his arbitrary arrest, torture and inhuman detention,
10
11
8
The author cites, among others, Howell v. Jamaica, and communication No. 709/1996, Bailey v.
Jamaica, Views adopted on 21 July 1999.
The author cites communication No. 845/1999, Kennedy v. Trinidad and Tobago, Views adopted on
26 March 2002, and the Committee’s general comment No. 31 (2004) on the nature of the general
legal obligation imposed on States parties to the Covenant.