ICCPR Case Digest

CCPR/C/119/D/2185/2012

Communication

2185/2012

Submission: 2012.01.31

View Adopted: 2017.03.17

Bimala Dhaka et. al v. Nepal

Substantive Issues
  • Effective remedy
  • Liberty and security of person
  • Recognition as a person before the law
  • Respect for the inherent dignity of the human person
  • Right to life
  • Rights of the child
  • Torture / ill-treatment
Relevant Articles
  • Article 10
  • Article 16
  • Article 2.3
  • Article 24
  • Article 6
  • Article 7
  • Article 9
Violations

Admissibility

As all admissibility requirements have been met, the Committee declares the communication admissible and proceeds with its consideration of the merits. 

Recommendations

In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide individuals whose Covenant rights have been violated with an effective remedy in the form of full reparation. Accordingly, the State party is obligated to, inter alia: (a) conduct a thorough and effective investigation into the disappearance of Rajendra Dhakal and provide the authors with detailed information about the results of the investigation; (b) if Rajendra Dhakal 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 authors free of charge; and (e) provide adequate compensation and appropriate measures of satisfaction to the authors and Rajendra Dhakal, if he is alive, for the violations suffered. The State party is also under an obligation to take all steps necessary to prevent similar violations from occurring in the future. In particular, the State party should ensure that its legislation allows for the criminal prosecution of those responsible for serious human rights violations, such as torture, extrajudicial execution and enforced disappearance, and that any enforced disappearances give rise to a prompt, impartial and effective investigation. 

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