ICCPR Case Digest
View Adopted: 2017.07.21
Shanta Neupane and Nisha Neupane v. Nepal
- Liberty and security of person
- Recognition as a person before the law
- Respect for the inherent dignity of the human person
- Right to life
- Torture / ill-treatment
- Article 10
- Article 16
- Article 2.3
- Article 6
- Article 7
- Article 9
In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide the authors 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 disappearance of Mr. Neupane and provide the authors with detailed information about the results of its investigation;
(b) locate his remains, if Mr. Neupane is no longer alive, 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; and
(e) provide adequate compensation and appropriate measures of satisfaction to the authors and to Mr. Neupane, if he is still 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 disappearances give rise to a prompt, impartial and effective investigation.