CCPR/C/117/D/2164/2012
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
22 November 2016
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2164/2012*,**
Communication submitted by:
Sabita Basnet (represented by counsel, Philip
Grant, of TRIAL: Track Impunity Always)
Alleged victim:
The author and Milan Nepali (her husband)
State party:
Nepal
Date of communication:
21 May 2012 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 18 June 2012 (not issued in
document form)
Date of adoption of Views:
12 July 2016
Subject matter:
Enforced disappearance
Procedural issue:
Failure to sufficiently substantiate allegations;
incompatibility ratione materiae
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 to an effective remedy
Articles of the Covenant:
2 (3), 6, 7, 9, 10 and 16
Articles of the Optional Protocol:
2 and 5 (2) (b)
* Adopted by the Committee at its 117th session (20 June-15 July 2016).
** The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Ahmed Amin Fathalla, Olivier
de Frouville, Yuji Iwasawa, Ivana Jelić, Photini Pazartzis, Mauro Politi, Sir Nigel Rodley, Víctor
Manuel Rodríguez-Rescia, Fabián Omar Salvioli, Dheerujlall Seetulsingh, Anja Seibert-Fohr, Yuval
Shany, Konstantine Vardzelashvili and Margo Waterval.
GE.16-20673(E)