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)

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