CCPR/C/130/D/2777/2016

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
2 February 2021
Original: English

Human Rights Committee

Views adopted by the Committee under article 5 (4) of
the Optional Protocol, concerning communication
No. 2777/2016*, **
Communication submitted by:

Hom Bahadur Bagale (represented by counsel,
TRIAL International)

Alleged victim:

The author

State party:

Nepal

Date of communication:

17 December 2015 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 16 June 2016 (not issued in
document form)

Date of adoption of Views:

2 November 2020

Subject matter:

Arbitrary arrest and detention; torture; absence of
prompt and impartial investigation; arbitrary and
unlawful interference with privacy, home and
family life; lack of access to an effective remedy

Procedural issue:

Admissibility – exhaustion of domestic remedies

Substantive issues:

Prohibition of torture and cruel or inhuman
treatment or punishment; right to liberty and
security of person; respect for the inherent
dignity of the human person; right not to be
subjected to arbitrary or unlawful interference
with one’s privacy and family life; right to an
effective remedy

Articles of the Covenant:

2 (2) and (3), 7, 9 (1), (2), (3) and (5), 10 (1) and
17

Articles of the Optional Protocol:

2, 3 and 5 (2) (b)

1.
The author of the communication is Hom Bahadur Bagale, a national of Nepal, born
on 28 April 1970. He claims that Nepal has violated his rights under articles 7 and 10 (l) of
the Covenant, read alone and in conjunction with article 2 (3), article 2 (2), read in
conjunction with article 7, article 9 (1), (2), (3) and (5), read alone and in conjunction with
* Adopted by the Committee at its 130th session (12 October–6 November 2020).
** The following members of the Committee participated in the examination of the communication:
Yadh Ben Achour, Ahmed Amin Fathalla, Furuya Schuichi, Christoph Heyns, David H. Moore,
Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany,
Hélène Tigroudja and Andreas Zimmermann.

GE.21-01313(E)

Select target paragraph3