CCPR/C/126/D/2773/2016
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
2 October 2019
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2773/2016*, **, ***
Communication submitted by:
Bholi Pharaka (represented by TRIAL
International)
Alleged victim:
The author
State party:
Nepal
Date of communication:
11 May 2016
Document references:
Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 13 June 2016 (not issued in
document form)
Date of adoption of Views:
15 July 2019
Subject matter:
Child and forced labour; arbitrary arrest and
torture of an indigenous child; fair trial
Procedural issues:
Exhaustion of domestic remedies; abuse of the
right of submission
Substantive issues:
Prohibition of torture and cruel, inhuman or
degrading treatment; prohibition of forced labour;
right to liberty and security of person; right to a
fair trial; respect for the inherent dignity of the
human person; right to special protection as a
child; right to an effective remedy
Articles of the Covenant:
2, 7, 8 (3) (a), 9, 10, 14 and 24 (1)
Articles of the Optional Protocol:
3 and 5 (2) (b)
1.
The author of the communication is Bholi Pharaka, 1 a national of Nepal born in
1997 and a member of the indigenous Tharu community. He claims that the State party has
* Adopted by the Committee at its 126th session (1–26 July 2019).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Arif Bulkan, Ahmed Amin
Fathalla, Shuichi Furuya, Christof Heyns, Bamariam Koita, Duncan Laki Muhumuza, Photini
Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany, Hélène
Trigroudja and Andreas Zimmermann.
*** A joint opinion by Committee members Tania María Abdo Rocholl, Arif Bulkan, Hernán Quezada
Cabrera and Hélène Trigroudja (concurring) is annexed to the present Views.
GE.19-16927(E)