Ram Kumar Bhandari v. Nepal
Legal Relevance
Keywords: Effective Remedy | Duty to Investigate | Reparations | Deprivation of Liberty | Judicial Protection | Refusal to Disclose Fate | Relatives as Victims | Right to Know the Truth
Themes: Characteristics of the Crime | Persons and Groups Affected | Justice and Truth | Related Crimes
The Committee held that the State did not sufficiently explain the specific circumstances of the victim's detention and alleged death, finding a violation of the duty to protect his life. The Committee also made a finding of inhuman treatment with respect to the victim, due to the fact that he was subjected to acts of torture and incommunicado detention. It also made this finding with respect to his family, in light of the fact that they had not received an adequate explanation of the circumstances of his alleged death, nor did they receive his remains. The Committee held that the detention of the victim constituted a violation of his right to liberty and security, as he was never allowed to challenge the lawfulness of his detention. It also found that the enforced disappearance of the victim denied him the protection of the law and deprived him of his right to recognition as a person before the law.
Judgment Date
October 29, 2014
Country
Nepal
Judicial Body
Human Rights Committee
Articles violated
Article 2(3) [ICCPR], Article 6 [ICCPR], Article 7 [ICCPR], Article 9 [ICCPR], Article 16 [ICCPR]
Articles not violated / not dealt with
Article 10 [ICCPR]
Facts of the Case
In December 2001, in the context of a state of emergency, a group of army and police personnel visited Mr. Tej Bahadur Bhandari's house and threatened him to go to the police office on the next day. When Mr. Bhandari did so, he was accused of being a political opponent. He was allowed to leave but had to report back a few days later. On 31 December 2001, several policemen in uniform and soldiers in civilian clothes were waiting for him near the police station, where they arrested him. According to witnesses, he was beaten, tied up, blindfolded and pushed into a police van. A person who was detained at the police office that day alleged that he was then beaten to death. Over the next two weeks, members of the army and the police broke into Mr. Bhandari's house and threatened his wife on several occasions. In 2002, the police and the army stated that Mr. Bhandari had been detained on the accusation of being an active member of a political organization involved in carrying out violent action, that he had told the authorities that he could lead them to hidden artillery and that during the search he tried to escape and was killed in crossfire. In March 2002, Mr. Bhandari's son received threats from army officers, urging him to stop looking for his father. On 11 March 2002, he was arrested by army personnel in civilian clothes and placed in detention in the army barracks. He was questioned, beaten and threatened with death if he did not withdraw his writ of habeas corpus. On 5 April 2002, the habeas corpus order was dismissed as Mr. Bhandari was believed to have been killed in crossfire on 1 January 2002. In June 2009, Mr. Bhandari's son received some money as interim relief granted to the families of victims of enforced disappearance.