CCPR/C/122/D/2364/2014
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
25 May 2018
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4)
of the Optional Protocol, concerning communication
No. 2364/2014*, **
Communication submitted by:
Sarita Devi Sharma, Bijaya Sharma Paudel and
Basanta Sharma Paudel (represented by counsel,
Philip Grant, of Track Impunity Always)
Alleged victim:
The authors
State party:
Nepal
Date of communication:
20 December 2013
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 21 March 2014
Date of adoption of Views:
6 April 2018
Subject matter:
Enforced disappearance
Procedural issues:
Failure to sufficiently substantiate allegations;
exhaustion of domestic remedies
Substantive issues:
Right to life; prohibition of 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 not to be subjected to arbitrary or
unlawful interferences with one’s family life;
right to be protected as a family; right to special
protection as a minor and right to an effective
remedy.
Articles of the Covenant:
2 (3), 6, 7, 9 (1–4), 10 (1), 16, 17, 23 (1) and
24 (1)
Articles of the Optional Protocol:
2 and 5 (2) (b)
* Adopted by the Committee at its 122nd session (12 March–6 April 2018).
** The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Ilze Brands Kehris, Ahmed Amin Fathalla, Christof Heyns, Yuji
Iwasawa, Ivana Jelić, Bamariam Koita, Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi,
José Manuel Santos Pais, Yuval Shany and Margo Waterval.
GE.18-08388(E)