ICCPR Case Digest




Submission: 2012.01.31

View Adopted: 2017.03.10

Ram Maya Nakarmi v. Nepal

Substantive Issues
  • Right to life
  • Torture / ill-treatment
Relevant Articles
  • Article 14
  • Article 15
  • Article 17


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 rights under the Covenant have been violated. Accordingly, the State party is obligated to, inter alia: (a) conduct a thorough and effective investigation into the disappearance of Mr. Nakarmi and provide the author with detailed information about the results of its investigation; (b) if her husband is dead, locate his remains and hand them over to his family; (c) prosecute, try and punish those responsible for the violations committed and make the results of such measures public; (d) ensure that any necessary and adequate psychological rehabilitation and medical treatment are made available to the author and her minor daughter; and (e) provide adequate compensation and appropriate measures of satisfaction, to the author, her minor daughter and her husband, if he is alive, for the violations suffered. The State party is also under an obligation to take steps to prevent the occurrence of similar violations in the future. In particular, the State party should ensure that: (a) its legislation allows for the criminal prosecution of those responsible for serious human rights violations, such as torture, extrajudicial execution and enforced disappearance; and (b) any enforced disappearance gives rise to a prompt, impartial and effective investigation. 

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