24 August 2012. Holding Nepal responsible for breaching her treaty obligations under the ICCPR once again, the United Nations Human Rights Committee (UN-HRC) has urged the government of Nepal to enact a law defining and criminalising torture, and to repeal all laws granting impunity to alleged perpetrators of torture and enforced disappearance.
In its views adopted on 19 July 2012, the UN- HRC, which is an independent body of experts, found that Mr. Maharjan had been the victim of arbitrary detention, torture, and ill-treatment inflicted by members of the then Royal Nepal Army over a period of 13 months. (For details of the case please see: Dev Bahadur Maharjan (Illegal Detention, Torture, Disappearance))
The committee has found the violations of an array of rights under the ICCPR, including Article 2.3 (Right to Effective Remedy), Article 7 (Right Against Torture), Article 9 (Right to Liberty and Security of Person) and Article 10 (Right to Inherent Dignity of the Human Person) of the ICCPR. It has also called on the Government to undertake a “thorough and diligent” investigation into his torture, to prosecute and punish those responsible, and to provide Mr. Maharjan and his family with adequate compensation for all of the violations suffered.
The Committee has further stated that by failing to investigate allegations of violations made by the victim, Nepal has separately breached the Covenant itself. Moreover, the Committee has also noted the anguish and distress caused to the victim’s family by his disappearance until 17 September 2004, when his detention was acknowledged and he was able to meet visitors.
AF and REDRESS had submitted the communication on 31 December 2008 on behalf of the victim. The case was registered on 14 February 2009.
Please click the link below to read the Committee’s view: UN HRC Views on Maharjan Case
Please click the link to read joint press release of AF and REDRESS (English Version) (Nepali Version).
