ICCPR Case Digest

CCPR/C/123/D/2658/2015

Submission: 2018.07.19

View Adopted: 2018.07.19

Gyan Devi Bolakhe 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 liberty
  • Right to life
  • Torture / ill-treatment
Relevant Articles
  • Article 10
  • Article 16
  • Article 17
  • Article 7
  • Article 9
Violations

Merits

The Committee acting under article 5 (4), of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the information before it discloses violations by the State party of articles 6, 7, 9, 16 and 17 read alone and in conjunction with article 2 (3) of the Covenant with regard to Mr. Bolakhe, and a violation of article 7 read alone and in conjunction with article 2 (3), with respect to the author, her children and parents-in-law

Recommendations

the State party is obligated, inter alia, to:

  • Conduct a thorough and effective investigation into the facts surrounding the detention of Mr. Bolakhe and the treatment he suffered during detention and killing
  •  Provide the author and her family with detailed information about the results of its investigation
  •  Prosecute, try and punish those responsible for the violations committed and make the results of such measures public
  • Ensure that any necessary and adequate psychological rehabilitation and medical treatment are made available to the author and her family
  • Provide effective reparation, including compensation and appropriate measures of satisfaction, to the author, her children and parents-in-law 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:

  • Criminalize torture and enforced disappearance and provide 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 criminal prosecution of those responsible for such crimes

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: 19 JANUARY 2019

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

Arabic | Chinese | English | French | Russian | Spanish

CCPR NGO Participation

Documents adopted by the Human Rights Committee (March 2012)

English | French | Spanish | Russian | Handbook

CCPR NHRI Participation

Documents adopted by the Human Rights Committee (November 2012)

English | French | Spanish | Russian | Arabic | Chinese