ICCPR Case Digest

CCPR/C/115/D/2077/2011

Submission: 2015.11.06

View Adopted: 2015.11.06

A. S. v. Nepal

Substantive Issues
  • Arbitrary interference with family
  • Liberty and security of person
  • Respect for the inherent dignity of the human person
  • Torture / ill-treatment
Relevant Articles
  • Article 10.1
  • Article 17
  • Article 7
  • Article 9
Violations

Recommendations

In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide the author with an effective remedy. This requires it to make full reparation to individuals whose Covenant rights have been violated. Accordingly, the State party is obligated, inter alia, to: (a) conduct a thorough and effective investigation into the facts submitted by the author, in particular the treatment to which he was subjected on 18 July 2007; (b) prosecute, try and punish those responsible for the arbitrary arrest, torture and ill-treatment, inhuman detention and harassment of Mr. S. and make the results of such measures public; (c) provide adequate compensation and appropriate measures of satisfaction to the author for the violations suffered; and (d) ensure that any 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 the occurrence of similar violations in the future. In this connection, the Committee reiterates its recommendation that the State party should take measures to eradicate torture and ill-treatment, including by adopting legislation defining and criminalizing torture with sanctions and remedies commensurate with the gravity of the crime, in accordance with international standards (see CCPR/C/NPL/CO/2, para. 10).

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