Implementation status


TABLE OF IMPLEMENTATION STATUS


    Date of decision Case Comm. No Translation Dissemination Investigation Location of remains / Release Prosecution and punishment Adequate compensation Rehabilitation Non-repetition Amend legislation Protection from reprisals Satisfaction Year of assessment
1 10/28/08 Sharma 1469/2006 N/A C1* C1 C1* E* B2 N/A C1* N/A N/A N/A 2014
2 03/24/11 Giri 1761/2008 N/A C1* C1 N/A E* B2 N/A C1* N/A B1 N/A 2014
3 07/19/13 Sedhai 1865/2009 B2* B2 B2 C1* B2 B2 N/A B2 B2 B2 N/A 2014
4 07/19/12 Maharjan 1863/2009 B2* B2 B2 N/A B2 B2 N/A B2 B2 B2 N/A 2014
5 10/28/14 Chaulagain 2018/2010 B2* C1* E* N/A E* C1* C1* C1* N/A N/A C1*  
6 10/29/14 Tripathi 2111/2011 B2* C1* E* C1* E* C1* C1* C1* C1* N/A C1*  
7 10/29/14 Basnet 2051/2011 B2* C1* E* N/A E* C1* C1* C1* C1* N/A C1*  
8 10/29/14 Bhandari 2031/2011 B2* C1* E* C1* E* C1* C1* C1* C1* N/A N/A
9 04/01/15 Katwal 2000/2010 C1* C1* E* C1* E* C1* N/A C1* C1* N/A C1*  
10 03/07/15 Tharu  2038/2011 C1* C1* E* C1* E* C1* C1* C1* C1* N/A C1*  
11 06/11/15 Sherpa 2077/2011 B1* B1* E* N/A E* D2* D2* N/A D2* N/A D2*
12 12/07/2012 Sabita Basnet 2164/2012 D* D* E* D* E* D* D* N/A E* N/A D*
13 10/03/2017 Nakarmi 2184/2012 N/A N/A E* D* E* D* D* N/A E* N/A D*
14 17/03/2017 Dhakal 2185/2012 D* D* E* D* E* D* D* N/A E* N/A D*
15 21/07/2017 Neupane 2170/2012 D* D* E* D* E* D* D* N/A E* N/A D*
16 17/03/2017 Maya 2245/2013 D* D* D* N/A D* D* D* E* E* N/A D*
17 06/04/2018 Sarita Sharma 2464/2014


 

 

No Committee assessment yet; grading by author

–   Deadline for response by government has not yet passed

Grading system adopted by the Human Rights Committee

A Reply largely satisfactory
B1 Substantive action taken, but additional information required
B2 Initial action taken, but additional information/action required
C1 Reply received but actions taken do not implement the recommendation
C2 Reply received but not relevant to the recommendation
D1 No reply received within the deadline, or no reply to any specific question in the report
D2 No reply received after reminder(s)
E The reply indicates that the measures taken go against the recommendations of the Committee

Explanation of Remedies

Investigation of the facts

Nepal must open a formal investigation into the crime(s) committed in an effort to establish the facts of the case and identify the person(s) responsible. Such investigations must be prompt, thorough and impartial.

Information on investigation

Nepal must provide the victim and/or the victim’s family with detailed information on the results of the investigation.

Release or location and return of remains

If the victim is still alive he or she must be released immediately. In the event that the victim is deceased, Nepal must take appropriate steps to locate, exhume and identify his or her remains and return these to the family.

Prosecution (and punishment) of perpetrators

Following an investigation into the facts, Nepal must initiate criminal proceedings to ensure that the perpetrators are brought to justice.

Providing adequate compensation

Nepal must provide victims with monetary payments as a form of reparation to recognise and rectify – as far as possible – the harm suffered. Payments received through the government’s “Interim Relief Program” do not constitute adequate compensation/reparation.

Providing full reparation

Nepal must provide victims with measures to fully recognise and repair the harm caused by the violation, including providing appropriate compensation, rehabilitation and measures of satisfaction, such as public apologies, public memorials, guarantees of non-repetition and changes in relevant laws and practice.

Measures of satisfaction

Nepal must take measures that publicly acknowledge the responsibility of the State and formally recognise the harms suffered by the victims and their families. Examples may include a commemoration to the victims or a public apology.

Prevention of similar violations

Also known as ‘guarantees of non-repetition’, Nepal must take steps to ensure that similar violations will not happen again in the future. This may include general measures, such as changes to domestic legislation and reform of institutions.

Amendment of legislation

Nepal must ensure that its domestic laws conform to the obligations it has under the ICCPR. The Parliament must therefore enact changes to the existing law to prevent future violations and to enable the prosecution of specific crimes – such as torture and enforced disappearance – in its national system.

Protection from reprisals (and intimidation)

Nepal must take measures to ensure that victims and their families are not further victims of harassment or subjected to intimidation and other retaliatory acts in view of their search for justice.

Translation and dissemination

Nepal must translate the decision of the Human Rights Committee from English to Nepali and make these decisions widely available to the public.

Rehabilitation or Providing psychological rehabilitation/medical treatment

Nepal must make available (or reimburse) necessary services to victims to allow the rehabilitation for the harm suffered as a consequence of the violations to be as full as possible. Such services may include, for example, medical treatment or psychological support, as well as social and legal services.