CCPR/C/122/D/2265/2013 3.10 Ms. Sharma has been unable to claim any compensation or redress, as the domestic legal framework does not make it possible for her to do so. In view of the absence of an investigation and her inability to obtain compensation, she is a victim of a violation of her rights under article 7, on its own and read in conjunction with article 2 (3). 3.11 Regarding domestic remedies, Ms. Sharma submits that in view of the hostile attitude of the national authorities that she faced after she had filed a writ of habeas corpus with the Supreme Court (paras. 2.4 and 2.5), she considered it useless, if not dangerous, to file a complaint with the police regarding the intimidation and threats of arrest that she faced. As she was not considered a victim for the purposes of the Interim Relief Programme, she could not benefit from it. 3.12 The authors further contend that no effective domestic remedy was available to them. The 1996 Compensation Relating to Torture Act provides only for compensation, not for criminal accountability, and it contains a 35-day term of limitation. As Mr. Sharma was immediately rearrested after he was first released on 19 December 2005, he did not have a chance to submit a complaint regarding the torture he had suffered from October 2003 to March 2005. In any case, a civil court is unable to pursue an independent investigation or make any meaningful findings regarding the responsibility of perpetrators for such serious crimes. In addition, the State never implemented the provisions of the Peace Agreement, the Interim Constitution or the ruling of the Supreme Court of 1 June 2007, all requiring that enforced disappearances should be investigated and that victims be provided with a remedy. 3.13 On 14 March 2013, the President of Nepal adopted the Commission on Investigation of Disappeared Persons, Truth and Reconciliation Ordinance, 2069 (2012). In practice, the commission is not yet operational, and the authors contend that it cannot be considered an effective remedy, as it has the power only to refer cases for prosecution to the Attorney General, who is appointed by the Government and is thus not an independent authority. In addition, the commission has been granted discretion to recommend amnesty for perpetrators of human rights violations when it is of the view that it would be “reasonable” to do so. 3.14 The authors waited for the authorities to follow through on their commitment to transitional justice until it became clear to them that no effective remedy would be provided. To this day, the very fact of the author’s enforced disappearance between October 2003 and March 2005 is still being denied by the State authorities. 3.15 The authors request the Committee to recommend to the State party that it: (a) bring the perpetrators of Mr. Sharma’s arbitrary deprivation of liberty, torture and enforced disappearance before the competent civilian authorities for prosecution, judgment and sanction, and disseminate publicly the results of those measures; (b) suspend from service all army personnel against whom there is prima facie evidence of involvement in the crimes against Mr. Sharma, pending the outcome of the investigation; (c) amend the Commission on Investigation of Disappeared Persons, Truth and Reconciliation Ordinance adopted on 14 March 2013 to ensure that no one accused of gross human rights violations, including torture, enforced disappearance and arbitrary killing, may benefit from any amnesty provision exempting him or her from criminal responsibility; (d) ensure that persons suspected of having committed those crimes are not in a position to influence the progress of the investigation by means of pressure, acts of intimidation or reprisal against complainants, witnesses, their families, their lawyers or other persons participating in the investigation; (e) ensure that the authors obtain integral reparation and prompt, fair and adequate compensation; (f) ensure that the measures of reparation cover material and moral damages; and (g) adopt measures providing for restitution, rehabilitation, satisfaction and guarantees of non-repetition. In particular, they request that the State party acknowledge its international responsibility in a public ceremony held in the presence of the authorities and the authors, to whom official apologies should be issued. The State party should also provide the authors with medical and psychological care immediately and free of charge, through its specialized institutions, and grant them access to free legal aid where necessary, in order to provide them with effective and sufficient remedies. As a guarantee of nonrepetition, the State party should take the necessary measures to ensure that enforced disappearance and torture, and the different forms of participation in those crimes, 6