CCPR/C/126/D/2560/2015
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
16 August 2019
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2560/2015*, **
Communication submitted by:
Tikanath and Ramhari Kandel (represented by
counsel, TRIAL International)
Alleged victims:
The authors and Amrit Kandel (the authors son
and brother, respectively)
State party:
Nepal
Date of communication:
11 April 2014 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure (now rule 92),
transmitted to the State party on 2 February 2015
(not issued in document form)
Date of adoption of Views:
15 July 2019
Subject matter:
Arbitrary arrest, torture and enforced
disappearance; absence of prompt and impartial
investigation; lack of access to an effective
remedy
Procedural issue:
Admissibility – exhaustion of domestic remedies
Substantive issues:
Right to life; prohibition of torture and cruel and
inhuman treatment or punishment; 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)
1.1
The authors of the communication are Tikanath Kandel, born on 14 April 1950, and
his son Ramhari Kandel, born on 28 August 1978. The communication is brought on their
* 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
Tigroudja, Andreas Zimmermann and Gentian Zyberi.
GE.19-13957(E)