The Committee has indicted that Articles 2, 3 and 4 of the ICCPR (right to effective remedy), Article 7 (Right against torture), Article 9.1 (Right to individual freedom and security) and 10.1 (Respect to human dignity) were breached in the case of Maharjan. [break]
Welcoming the Committee´s decision, Chairperson of Advocacy Forum Mandira Sharma called upon the government to discourage prevailing culture of impunity in Nepal, investigate into the incident and bring the guilty to book and provide adequate compensation to the victim families.
It is also the responsibility of the state to protect the victims and their families from possible vengeance and threats, she further said.
Maharajan, who was involved in teaching profession, was arbitrarily arrested by Nepal Army from his house on November 26, 2003 and illegally detained him at the Jagadal Company of Nepal Army at Chhauni, Kathmandu without allowing him any contact with family members and lawyers.
He was freed from detention after 408 days of arrest following a verdict of Supreme Court in response to a writ of habeas corpus filed by his sister Parbati Maharjan
The Committee has recommended the government to take action against the guilty by investigating into the torture within 180 days, provide compensation to the victim family and amend the Act relating to compensation of torture in compatible with the ICCPR and extend limitation for filing torture case by 35 days.
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