CCPR/C/113/D/2000/2010
Further submission by the author
10.
On 4 September 2014, the author reiterated her earlier submissions and noted that
the Committee had already declared her communication admissible. Regarding the State
party’s arguments about the future establishment of the transitional justice mechanisms on
the basis of the Truth and Reconciliation Commission Act, the author refers to several
international sources that identify drawbacks of the Act and states that a mechanism based
on this Act would not meet international standards and, thus, would not offer an effective
remedy.
Consideration of the merits
11.1 The Human Rights Committee has considered the present communication in the
light of all the information made available to it by the parties, as required under article 5 (1)
of the Optional Protocol.
11.2 The Committee takes note of the author’s unrefuted allegations that Mr. Katwal
disappeared when, on 13 December 2001, he went to the army barracks in Okhaldhunga, as
he was convoked to do; that he was severely tortured there, according to the witnesses who
saw him, seemingly unconscious and in blood-stained clothes, being carried by security
personnel on the morning of 14 December 2001; that there was no information about his
fate until 2007; and that during that period the authorities did not provide the author with
truthful information about the whereabouts of her husband. In the absence of any other
relevant information on file, the Committee considers that Mr. Katwal’s deprivation of
liberty, followed by a period of refusal by the authorities to acknowledge that deprivation
and by the concealment of his fate, constituted an enforced disappearance.
11.3 The Committee considers that while the Covenant does not explicitly use the term
“enforced disappearance” in any of its articles, enforced disappearance constitutes a unique
and integrated series of acts that represents continuing violation of various rights
recognized in that treaty.
11.4 The Committee notes the author’s allegations that her husband was arrested by
representatives of the State party’s armed forces and was kept incommunicado from the
moment of his arrest until his alleged death; that even though he was last seen in December
2001, no ex officio investigation was carried out until 2007. The Committee also notes that
the Prisoner Investigation Team established in 2006 by the Supreme Court confirmed that
Mr. Katwal had been tortured by security personnel after his arrest and died in detention, as
a result of this torture, on 16 December 2001. The Committee further notes that the body of
Mr. Katwal was never returned to his family.
11.5 The State party has indicated that the criminal investigation in the case of
Mr. Katwal is ongoing. However, the Committee notes that the State party has not provided
sufficient information to confirm that there is such a criminal investigation and that it is
effective. Thirteen years after the events in the present case, the circumstances of
Mr. Katwal’s death have not been fully clarified and the perpetrators have not been held
accountable, although they were supposedly identified in the report of the Prisoner
Investigation Team. Furthermore, the Supreme Court concluded that Mr. Katwal had been
killed due to torture inflicted on him by army officers. The Committee thus considers that
the killing of Mr. Katwal in army custody and the lack of effective investigation by the
State party constitute a violation of Mr. Katwal’s right to life under article 6 of the
Covenant.
11.6 The author alleges that her husband was severely tortured in detention, which was
confirmed by the investigation ordered by the State party’s Supreme Court. The Committee
recognizes the degree of suffering involved in being held indefinitely without contact with
the outside world. It recalls its general comment No. 20 (1992) on article 7, in which the
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