CCPR/C/122/D/2265/2013 that the State party has violated Mr. Sharma’s rights under articles 6, 7, 9, 10 (1) and 16 of the Covenant, read alone and in conjunction with article 2 (3) of the Covenant, and that it has violated Ms. Sharma’s rights under article 7, read alone and in conjunction with article 2 (3), and article 17. The authors are represented by counsel. The facts as submitted by the authors 2.1 In February 1996, the Communist Party of Nepal (Maoist) declared a “people’s war” against the ruling classes and launched an armed rebellion against the Government that rapidly spread throughout the country, leading to a decade-long armed conflict. In view of the serious situation arising out of terrorist attacks by the Maoists, a state of emergency was declared from 26 November 2001 to 20 August 2002. During the state of emergency, the derogable rights of the Covenant were suspended, in accordance with article 4 thereof. On 26 November 2001, the Government adopted the Terrorist and Disruptive Activities (Control and Punishment) Act to grant a broad range of powers to the Royal Nepalese Army to arrest individuals on the basis of suspicion of involvement in terrorist activities and to keep them in detention for up to 90 days without charge. Serious human rights violations such as arbitrary detentions, enforced disappearances, torture and extrajudicial killings continued to plague the conflict on both sides even after the state of emergency was lifted. 2.2 In 2003 and 2004, according to the Working Group on Enforced or Involuntary Disappearances, there were more cases of enforced disappearance reported to the Working Group from Nepal than from any other country. In its 2004 report, the Working Group referred to the use of enforced disappearances as a widespread phenomenon whose perpetrators were shielded by political and legal impunity.1 Between 2003 and 2006, the Bhairabnath Battalion barracks, located in Maharajgunj, Kathmandu, and run by the army, became the main location in the capital for the illegal detention of those suspected of affiliation with the Communist Party of Nepal (Maoist). In the barracks, detainees were forcibly disappeared, tortured or summarily killed.2 2.3 When the events that gave rise to this case took place, Mr. Sharma was SecretaryGeneral of the Maoist-affiliated All Nepal National Independent Student Union (Revolutionary). He submits that he was arrested on 21 October 2003 in Kathmandu by army officers dressed as civilians. Blindfolded, and with his hands tied, he was taken to the army barracks located in Maharajgunj in a civilian jeep escorted by military vans. 2.4 On 29 October 2003, Ms. Sharma filed a writ of habeas corpus before the Supreme Court of Nepal on behalf of her husband, claiming that he had been arbitrarily detained and subjected to enforced disappearance. Later the same day, Ms. Sharma went to the District Administration Office of Kathmandu to inquire about his whereabouts. The Chief District Officer denied any involvement in the arrest of Mr. Sharma, refused to register her complaint and threatened to arrest her and her family if she took any action regarding the disappearance of her husband. On 30 October, in response to the writ of habeas corpus, the Supreme Court ordered the Nepalese public authorities to disclose all information regarding Mr. Sharma’s whereabouts. On the same day, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Chair of the Working Group on Enforced or Involuntary Disappearances issued a joint urgent appeal concerning Mr. Sharma. 2.5 In November 2003, in response to the Supreme Court order, all public authorities denied any involvement in or awareness of the disappearance of Mr. Sharma. That same month, Ms. Sharma tried again to file a complaint regarding her husband’s arrest and disappearance with the Kathmandu District Police Office, but the Office refused to register her complaint. On 3 November 2003, Ms. Sharma went to army headquarters to report her 1 2 2 The authors refer to E/CN.4/2005/65/Add.1, paras. 7–9, 25 and 27, and Amnesty International (AI), Urgent Appeal, AI Index: ASA 31/03/2000 (February 2000), p. 2. The authors refer to Office of the United Nations High Commissioner for Human Rights, Nepal, “Report of investigation into arbitrary detention, torture and disappearances at Maharajgunj RNA barracks, Kathmandu, in 2003–2004” (May 2006).

Select target paragraph3