ICCPR Case Digest

CCPR/C/122/D/2364/2014

Submission: 2013.12.20

View Adopted: 2018.04.06

Sarita Devi Sharma, Bijaya Sharma Paudel & Basanta Sharma Paudel v. Nepal

Substantive Issues
  • Arbitrary interference with family
  • Effective remedy
  • Liberty and security of person
  • Protection of family
  • Recognition as a person before the law
  • Respect for the inherent dignity of the human person
  • Right to liberty
  • Right to life
  • Rights of the child
  • Torture / ill-treatment
Relevant Articles
  • Article 10.1
  • Article 16
  • Article 17
  • Article 23.1
  • Article 24.1
  • Article 6
  • Article 7
  • Article 9.1
  • Article 9.2
  • Article 9.3
  • Article 9.4
Violations

Merits

The Committee, acting under article 5(4), of the Optional Protocol, is of the view that the information before it discloses a violation by the State party of articles 6, 7, 9 (1–4) and 16, read alone and in conjunction with article 2 (3) of the Covenant, with regard to Ms. Sharma; and a violation of article 7, read alone and in conjunction with article 2 (3), with respect to Messrs Bijaya and Basanta Sharma Paudel

Recommendations

the State party is obligated to, inter alia:

  • Conduct a thorough and effective investigation into the facts surrounding the detention of Ms. Sharma and the treatment she 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 the 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.

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 its legislation:

  • Criminalizes torture and enforced disappearance and provides for appropriate sanctions and remedies commensurate with the gravity of the crimes
  • Guarantees that such cases give rise to a prompt, impartial and effective investigation
  • Allows for the criminal prosecution of those found responsible for such crimes
  • Amends the 35-day statutory limit for claiming compensation for torture, in accordance 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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