CCPR/C/123/D/2658/2015 Affairs, which said that no records of the arrest of Mr. Bolakhe on 27 December 2003 had been found. 2.19 The Commission continued with its investigation. It identified the possible burial site. On 5 July 2006, human remains were exhumed in a forest at Mulkhola, Kavre. The findings of the forensic autopsy confirmed that the remains were those of Mr. Bolakhe. It also concluded that he had died due to gunfire injuries in the pelvis: an “SG (grain) size lead pellets of 12 bore shotgun cartridge and a wad (plastic cup) of 12 bore shotgun carriage”.7 On 13 September 2006, the family received the body for cremation. 2.20 The Commission sought information from B.T., who said that he had led the patrol, and that the two other detainees had been on the patrol, but that he did not know anything about Mr. Bolakhe’s arrest and death. He also said that there had been no crossfire incident at that time. The Commission also interviewed the Police Head Constable, K.B.L., who said that Mr. Bolakhe had not been arrested, otherwise there would have been an arrest warrant. 2.21 On 6 June 2008, the Commission adopted a decision in the case. 8 It concluded that Mr. Bolakhe had been arrested on 27 December 2003 and detained incommunicado at Dhulikhel barracks, before being transferred to the barracks in Panauti in February 2004. The Commission found that he had been taken on a search mission and unlawfully killed and buried in the jungle on 16 February 2004. It also found that the security forces had not followed the prescribed legal processes for the death of a person in their custody, and concealed the incident, making the whereabouts of the person unknown. The Commission found K.B.L. responsible for the “illegal arrest” of Mr. Bolakhe; K.T. responsible for illegally detaining him incommunicado; and B.T. responsible for “taking a civilian on an Army mission and killing him”. The Commission stated that it was necessary to create personal accountability for those involved, and recommended that the Government provide the author’s family with compensation amounting to 300,000 Nepalese rupees (Nrs).9 Further steps taken by the author and her family 2.22 The Government never formally acknowledged the decision of the Commission nor implemented its recommendations. In the absence of transitional justice mechanisms as envisaged in the Interim Constitution of Nepal, the Government provided the Bolakhe family with an “interim measure” in the form of a payment amounting to Nrs 325,00010 under the Government’s Relief Plan granted by the Ministry of Peace and Reconstruction. 11 2.23 On 18 October 2006, the author and her father-in-law filed a first information report with Kavre District Police Office to initiate an investigation into the perpetrators identified by the Commission. However, Kavre District Police Office flatly refused to register the report, saying that they could not register it and arrest the perpetrators unless an order came from a higher authority. They advised the family to take the case to the Police Headquarters. 2.24 As an alternative recourse, the author and her father-in-law submitted a petition before the Chief District Officer of Kavre on 18 October 2006. He registered the petition and commanded Kavre District Police Office to register the report and commence the investigation. On 1 November 2006, the family went to Kavre District Police Office to follow up, but the latter refused to register the report. Kavre District Police Office said that the perpetrators were more senior, and hence it could not register the case or arrest them. 7 8 9 10 11 The decision of the Commission is available on file. The decision of the Commission was communicated to the family by letter dated 28 January 2009, a copy of it is on file. Equivalent to approximately $3,400. The amount is equivalent to approximately $3,700. In 2010, the author received Nrs 100,000 and a further Nrs 200,000 in 2011. In addition, she received Nrs 25,000 as a single woman’s allowance in 2010. The Government provided some interim measures in the form of payments for interim relief to victims of certain categories of crimes, including enforced disappearances during the period of conflict. These have been implemented through the Standards for Economic Assistance and Relief for Conflict Victims (2008) adopted by the Council of Ministers and further developed through policy documents. 5