Remedies


UN Human Rights Committee (c) IRIN

UN Human Rights Committee (c) IRIN

REMEDIES PROVIDED

When issuing a decision on a specific case, the Human Rights Committee not only specifies which human rights violations have occurred, but also recommends actions that the State should take in order to ensure that the victims receive appropriate redress. In legal jargon, this set of measures is also referred to as “remedies” or “reparation”. The obligation on the State to provide such measures follows from the victims’ right to an effective remedy.

According to international standards, reparation must be “adequate, effective and prompt” and is intended to promote justice by providing redress to the victims of human rights violations. Such reparation should also be “proportional to the gravity of the violations and the harm suffered”.

Furthermore, the Human Rights Committee’s approach is that reparation ought to be understood in an “integral fashion”, which means that “reparation” or “remedies” must include five elements: (1) compensation, (2) restitution, (3) rehabilitation, (4) satisfaction, and (5) guarantees of non-repetition. Moreover, the Committee often recommends the States to translate its decisions into the official languages of the State and to disseminate them as widely as possible throughout country.

Real Rights Now is calling for the Government of Nepal to fully implement the Views of the Human Rights Committee – by providing the recommended remedies and reparation – without any further delay.

DECISIONS OF THE HUMAN RIGHTS COMMITTEE TO BE TRANSLATED AND DISSEMINATED IN THE LOCAL LANGUAGE

Out of 14 cases in which the HRC recommended translation of the decisions, 6 cases have been translated.

Out of 16 cases in which the HRC recommended dissemination of the decisions, 0 cases have been published or disseminated.

INVESTIGATION INTO THE FACTS AND APPLICANT TO BE INFORMED ABOUT THE OUTCOME OF SUCH INVESTIGATION

In all 16 cases decided by the HRC, investigation into the facts has been ordered. Despite very preliminary investigative steps being taken in the Giri case, 0 cases have been properly investigated.

THOSE RESPONSIBLE TO BE TRIED, PROSECUTED AND PUNISHED

In all 16 cases decided by the HRC, prosecution and punishment of the perpetrators have been ordered. 0 perpetrators have been brought to justice.

THE REMAINS TO BE LOCATED AND RETURNED TO THE FAMILY, OR FOR THE PERSON TO BE RELEASED, IF STILL ALIVE

In 11 enforced disappearances cases decided by the HRC, Nepal was mandated to locate and return the remains of the disappeared to their families, or release the person, if still alive. 0 disappeared have been found, neither dead nor alive.

ADEQUATE COMPENSATION TO BE PROVIDED

In all 16 cases decided, the HRC recommended payment of adequate compensation to the victims and their relatives. Despite small interim payments being made in five cases beyond that payable under the general policy towards conflict victims, 0 have received adequate compensation.

ADEQUATE PSYCHOLOGICAL REHABILITATION AND MEDICAL SUPPORT

In 10 cases decided by the HRC, rehabilitation, including psychological and medical support, has been specifically recommended. 0 victims have received this support.

PREVENTION OF SIMILAR FUTURE SITUATIONS

In all 16 cases decided by the HRC, prevention of similar violations in the future has been recommended. 0 laws have been amended.  Although a draft bill to criminalise torture was presented before Parliament in 2014, it is not consistent with international standards and has not been passed by the legislature yet.

SATISFACTION

In 11 cases decided by the HRC, measures of satisfaction have been recommended. 0 measures to restore the victims’ dignity have been taken to date.