CCPR/C/122/D/2265/2013
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
14 May 2018
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4)
of the Optional Protocol, concerning
communication No. 2265/2013*, **
Communication submitted by:
Himal and Devi Sharma (represented by counsel,
Philip Grant, of TRIAL: Track Impunity
Always)
Alleged victims:
The authors
State party:
Nepal
Date of communication:
22 April 2013
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 11 July 2013 (not issued in
document form)
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 interference with one’s family life; and
right to an effective remedy
Articles of the Covenant:
2 (3), 6, 7, 9, 10 (1), 16 and 17
Articles of the Optional Protocol:
2; 5 (2) (b)
1.
The authors of the communication are Himal Sharma and his wife Devi Sharma,
nationals of Nepal born on 24 April 1969 and on 14 April 1970 respectively. They claim
* 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 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.18-07713(E)