CCPR/C/112/D/2031/2011
Annex
Views of the Human Rights Committee under article 5,
paragraph 4, of the Optional Protocol to the International
Covenant on Civil and Political rights (112th session)
concerning
Communication No. 2031/2011*
Submitted by:
Ram Kumar Bhandari (represented by counsel,
Track Impunity Always-TRIAL)
Alleged victim:
The author and Tej Bahadur Bhandari
(his father)
State party:
Nepal
Date of communication:
14 December 2010 (initial submission)
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 29 October 2014,
Having concluded its consideration of communication No. 2031/2011, submitted to
the Human Rights Committee by Ram Kumar Bhandari under the Optional Protocol to the
International Covenant on Civil and Political Rights,
Having taken into account all written information made available to it by the author
of the communication and the State party,
Adopts the following:
Views under article 5, paragraph 4, of the Optional Protocol
1.
The author of the communication is Ran Kumar Bhandari, born on 13 December
1977. He claims that the State party has violated the rights of his missing father, Tej
Bahadur Bhandari, a Nepalese national, born on 23 February 1946, under articles 6; 7; 9; 10
and 16, alone and read in conjunction with article 2, paragraph 3, of the Covenant; as well
as his own rights under article 7, read in conjunction with article 2, paragraph 3, of the
Covenant. The author is represented by counsel.
The facts as submitted by the author
2.1
As a result of the armed conflict prevailing in the country, the authorities declared a
state of emergency in November 2001. The Terrorist and Disruptive Activities Ordinance
* The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Lazhari Bouzid, Christine Chanet, Ahmed Amin Fathalla,
Cornelis Flinterman, Yuji Iwasawa, Walter Kälin, Zonke Zanele Majodina, Gerald Neuman, Sir
Nigel Rodley, Victor Manuel Rodríguez-Rescia, Fabián Omar Salvioli, Anja Seibert-Fohr,
Dheerujlall Seetulsingh, Yuval Shany, Konstantine Vardzelashvili, Margo Waterval
and Andrei Paul Zlătescu.
2