ICCPR Case Digest

CCPR/C/125/D/2556/2015

Communication

2556/2015

Submission: 2014.06.20

View Adopted: 2019.03.18

Fulmati Nyaya v. Nepal

Substantive Issues
  • Arbitrary interference with family
  • Effective remedy
  • Forced labour
  • Liberty and security of person
  • Non-discrimination
  • Privacy
  • Recognition as a person before the law
  • Respect for the inherent dignity of the human person
  • Right to liberty
  • Rights of the child
  • Torture / ill-treatment
Relevant Articles
  • Article 10.1
  • Article 17
  • Article 2
  • Article 23.1
  • Article 24.1
  • Article 26
  • Article 3
  • Article 5.2.b
  • Article 7
  • Article 8.3(a)
  • Article 9
Violations

Recommendations

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 facts surrounding the arrest, detention and rape of Ms. Nyaya and the treatment she suffered in detention;
  • (b) prosecute, try and punish those responsible for the violations committed;
  • (c) provide the author with detailed information about the results of the investigation;
  • (d) ensure that any necessary and adequate psychological rehabilitation and medical treatment is provided to the author free of charge; and
  • (e) provide effective reparation, adequate compensation and appropriate measures of satisfaction to the author for the violations suffered, including arranging an official apology in a private ceremony.

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

  • (i) criminalize torture and provide for appropriate sanctions and remedies commensurate with the gravity of the crime,
  • (ii) adapt the definition of rape and other forms of sexual violence in accordance with international standards,
  • (iii) guarantee that cases of rape, other forms of sexual violence and torture give rise to a prompt, impartial and effective investigation;[1]
  • (iv) allow for criminal prosecution of those responsible for such crimes; and
  • (v) remove obstacles that hinder the filing of complaints and effective access to justice and compensation for victims of rape and other forms of sexual violence against women and girls in the context of the Nepali armed conflict, as forms of torture, including a significant increase of the statute of limitations commensurate with the gravity of such crimes
 

[1]  See, Neupane and others v. Nepal (CCPR/C/120/D/2170/2012), para 11.

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