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) 

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