CCPR/C/119/D/2185/2012
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
5 May 2017
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2185/2012*, **
Communication submitted by:
Bimala Dhakal, Rabindra Dhakal and Manjima
Dhakal (represented by counsel, Philip Grant, of
Track Impunity Always (TRIAL))
Alleged victims:
The authors and Rajendra Dhakal (husband,
father and brother of the authors, respectively)
State party:
Nepal
Date of communication:
31 January 2012 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 2 August 2012 (not issued in
document form)
Date of adoption of Views:
17 March 2017
Subject matter:
Enforced disappearance
Procedural issue:
Exhaustion of domestic remedies
Substantive issues:
Right to life; torture and cruel and inhuman
treatment; right to liberty and security of person;
respect for the inherent dignity of the human
person; recognition as a person before the law;
right of the child to measures of protection; and
right to an effective remedy
Articles of the Covenant:
2 (3), 6, 7, 9, 10, 16 and 24 (1)
Article of the Optional Protocol:
5 (2) (b)
1.
The authors of the communication are Bimala, Rabindra and Manjima Dhakal, the
wife, brother and daughter of Rajendra Dhakal, respectively. They submitted the
communication on their own behalf and that of Rajendra Dhakal. They are nationals of
Nepal born on 27 August 1970, 25 September 1971, 29 September 1990 and 13 November
* Adopted by the Committee at its 119th session (6-29 March 2017).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Ahmed Amin Fathalla, Olivier de
Frouville, Christof Heyns, Yuji Iwasawa, Bamariam Koita, Marcia V.J. Kran, Duncan Laki
Muhumuza, Photini Pazartzis, Mauro Politi, José Manuel Santos Pais, Anja Seibert-Fohr, Yuval
Shany and Margo Waterval.
GE.17-07256(E)