ICCPR Case Digest

CCPR/C/122/D/2265/2013

Submission: 2013.04.22

View Adopted: 2018.04.06

Himal & Devi Sharma v. Nepal

Substantive Issues
  • Arbitrary interference with family
  • 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
  • Torture / ill-treatment
Relevant Articles
  • Article 10.1
  • Article 16
  • Article 17
  • Article 6
  • Article 7
  • Article 9
Violations

Merits

The Committee, acting under article 5 (4), of the Optional Protocol, is of the view that, in respect of Mr. Sharma, the information before it discloses a violation by the State party of articles 6, 7, 9 and 16 of the Covenant, read alone and in conjunction with article 2 (3), and, in respect of Ms. Sharma, a violation of article 7, read alone and in conjunction with article 2 (3)

Recommendations

the State party is obligated to, inter alia:

  • Conduct a thorough and effective investigation into the facts surrounding the detention of Mr. Sharma and the treatment he suffered in detention
  • Prosecute, try and punish those responsible for the violations committed and make the results of such measures public
  • Provide the authors with detailed information about the results of its investigation 
  • Ensure that any necessary and adequate psychological rehabilitation and medical treatment is provided to the authors
  • Provide effective reparation, including adequate compensation and appropriate measures of satisfaction, to the authors for the violations suffered. 
  • Take steps to prevent the occurrence of similar violations 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
  • Guarantees that any enforced disappearances give rise to a prompt, impartial and effective investigation
  • Defines and criminalizes acts of torture with sanctions and remedies commensurate with the gravity of the crimeand
  • Is amended to bring the 35-day limit for claiming compensation for torture into line with international standards

Implementation

the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committee’s Views

 

DATE: 6 OCTOBER 2018

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