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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 (2004) on the nature of the
general legal obligation imposed on States parties to the Covenant, which provides, inter
alia, 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. In the present case, the Committee
observes that, shortly after the detention of the author’s father, the author and his mother
approached the Chief District Officer and the Deputy Superintendent of Police seeking
information and later complained to the National Human Rights Commission, the Supreme
Court and the police (see para. 7.3 above). Despite the author’s efforts, almost 12 years
after the disappearance of his father, no thorough and effective investigation has been
concluded by the State party, in order to elucidate the circumstances surrounding his
detention and alleged death, and no criminal investigation has even been started to bring the
perpetrators to justice. The State party refers in a general fashion to ongoing investigations
within the author’s writ of mandamus proceedings, but it has failed to explain the
effectiveness and adequacy of such investigations and the concrete steps taken to clarify the
circumstances of the detention of the author’s father and the cause of his alleged death, or
to locate his mortal remains and return them to the author’s family. Therefore, the
Committee considers that the State party has failed to conduct a thorough and effective
investigation into the disappearance of the author’s father. . Additionally, the Nr. 100,000
received by the author as interim relief does not constitute an adequate remedy
commensurate with the serious violations inflicted. Accordingly, the Committee concludes
that the facts before it reveal a violation of articles 2, paragraph 3, read in conjunction with
article 6, paragraph 1; 7; 9 and 16 of the Covenant, with regard to Tej Bahadur Bhandari;
and article 2, paragraph 3, read in conjunction with article 7 of the Covenant, with respect
to the author.
8.10 Having concluded to violation of the above provisions, the Committee decides not to
examine separately the author’s claims under article10 of the Covenant. 9
9.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that the
information before it discloses violations by the State party of articles 6, paragraph 1; 7; 9
and 16; and of article 2, paragraph 3, read in conjunction with articles 6, paragraph 1; 7; 9
and 16 of the Covenant with regard to Tej Bahadur Bhandari; and of article 7 and article 2,
paragraph 3, read in conjunction with article 7, with respect to the author.
10.
In accordance with article 2, paragraph 3, of the Covenant, the State party is under
an obligation to provide the author with an effective remedy, including by: (a) conducting a
thorough and effective investigation into the disappearance of Tej Bahadur Bhandari and
providing the author with detailed information about the results of its investigation;
(b) locating the remains of Mr. Bhandari and handing them over to his family;
(c) prosecuting, trying and punishing those responsible for the violations committed;
(d) providing adequate compensation to the author for the violations suffered; and
(e) ensuring that the 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 similar violations in the future. In that connection, the State party should ensure
that its legislation allows for the criminal prosecution of the facts that constitute a violation
of the Covenant.
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 or not there has
9
See communication No. 1900/2009, Mehalli v. Algeria, Views adopted on 21 March 2014, para. 7.11.
13