CCPR/C/114/D/2038/2011
Annex
Views of the Human Rights Committee under article 5 (4) of
the Optional Protocol to the International Covenant on Civil
and Political Rights (114th session)
concerning
Communication No. 2038/2011*
Submitted by:
Chhedulal Tharu et al. (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)
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 3 July 2015,
Having concluded its consideration of communication No. 2038/2011, submitted to
the Human Rights Committee by Chhedulal Tharu et al. under the Optional Protocol to the
International Covenant on Civil and Political Rights,
Having taken into account all written information made available to it by the authors
of the communication and the State party,
Adopts the following:
Views under article 5 (4) of the Optional Protocol
1.1
The authors of the communication are Chhedulal Tharu (father of Dhaniram and
Soniram Tharu) and Sara/Sarita Tharu (wife of Dhaniram Tharu); Padam Tharu and
Sanchariya Tharu (father and mother of Radhulal Tharu); Birbal Tharu, Thagani Tharu, and
Bhagawati Tharu (father, mother and wife of Prem Prakash Tharu); Tulsiram Tharu and
Phagani Tharu (father and mother of Kamala Tharu/Chaudhari); Mahango Tharu and
* The following members of the Committee participated in the consideration of the present
communication: Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Olivier de Frouville,
Yuji Iwasawa, Ivana Jelić, Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi, Sir Nigel
Rodley, Victor Manuel Rodríguez-Rescia, Fabián Omar Salvioli, Dheerujlall Seetulsingh,
Anja Seibert-Fohr, Yuval Shany, Konstantine Vardzelashvili and Margo Waterval.
The texts of individual opinions of Committee member Olivier de Frouville (concurring) and Anja
Seibert-Fohr (concurring) are appended to the present Views.
2