CCPR/C/114/D/2038/2011

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
21 October 2015
Original: English

Human Rights Committee

Communication No. 2038/2011
Views adopted by the Committee at its 114th session
(29 June-24 July 2015)
Submitted by:

Chhedulal Tharu and others (represented by
counsel, Advocacy Forum-Nepal and
REDRESS)

Alleged victim:

The authors and Dhaniram Tharu, Soniram
Tharu, Radhulal Tharu, Prem Prakash Tharu,
Kamala Tharu/Chaudhari, Mohan
Tharu/Chaudhari, Lauti Tharu/Chaudhari and
Chillu Tharu/Chaudhari (authors’ close relatives)

State party:

Nepal

Date of communication:

24 January 2011 (initial submission)

Document references:

Special Rapporteur’s rule 97 decision,
transmitted to the State party on 8 April 2011
(not issued in document form)

Date of adoption of Views:

3 July 2015

Subject matter:

Enforced disappearance

Procedural issues:

Exhaustion of domestic remedies

Substantive issues:

Right to life, prohibition of torture and cruel and
inhuman treatment, right to liberty and security
of person, respect for the inherent dignity of the
human person, recognition as a person before the
law and right to an effective remedyArticles of
the Covenant:6, 7, 9, 10, 16, 17 (1), 23 and
24 (1), alone and in conjunction with article 2 (3)

Articles of the Optional Protocol: 5 (2) (a) and (2) (b)

GE.15-16644(E)

*1516644*

Select target paragraph3