ICCPR Case Digest

CCPR/C/122/D/2756/2016

Communication

2756/2016

Submission: 2016.03.10

View Adopted: 2018.03.21

Lakpa Tamang v. Nepal

Substantive Issues
  • Effective remedy
  • Rights of the child
  • Torture / ill-treatment
Relevant Articles
  • Article 2.2
  • Article 2.3
  • Article 24.1
  • Article 5.2 (b) - OP1
  • Article 7
Violations

Recommendations

In accordance with article 2(3) (a) of the Covenant, the State party is under an obligation to provide the author 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,

  • (a) to provide the author with adequate compensation proportionate to the gravity of the violations sustained, access to any necessary medical treatment and psychological rehabilitation, and appropriate measures of satisfaction for such violations;
  • (b) to review its investigation and ensure that those responsible are sanctioned with penalties commensurate to the gravity of the crime, consistent with the Covenant; and (c) ensure that the reconciliation agreement has no evidentiary value in legal proceedings.

The State party is also under an obligation to take steps to prevent the occurrence of similar violations in the future. In this connection, the Committee reiterates that the State party should take measures to eradicate torture and ill-treatment, including by, inter alia, revising its legislation, consistent with its obligations under article 2(2), to define and criminalize torture with sanctions and remedies commensurate with the gravity of the crime in accordance with international standards, including with respect to children. The State party should further ensure in law that no evidence obtained through torture is used in any proceedings, either civil or criminal, as a basis for establishing legal responsibility; and that law enforcement personnel receive training on the prevention and investigation of torture and ill-treatment (see CCPR/C/NPL/CO/2, para. 10).

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