Yubraj Giri v. Nepal
Mr Yubraj Giri was arbitrarily arrested and detained, held in incommunicado detention in appalling conditions, tortured repeatedly, and subjected to ill-treatment in 2004 to 2005 during the conflict between the then-government and Maoist forces in Nepal. Despite bringing this to the attention of the police and court authorities, including by attempting to file a criminal complaint, no investigation has been carried out into his treatment, no person has been prosecuted and no compensation has been provided.
Mr Giri took his case to the UN Human Rights Committee, represented by Advocacy Forum Nepal and supported by REDRESS. In April 2011 the Committee found Mr Giri and his family to be victims of violations of the International Covenant on Civil and Political Rights, and called on Nepal to fulfil its obligation under the Covenant to provide Mr Giri and his family with an effective remedy. Specifically, the Committee has stated that Nepal must:
- ensure a thorough and diligent investigation into the torture and ill-treatment suffered by Mr Giri;
- prosecute and punish those responsible;
- provide Mr Giri and his family with adequate compensation for the violations suffered;
- ensure that Mr Giri and his family are protected from acts of reprisals or intimidation; and
- prevent similar violations in the future.
- Views of the Human Rights Committee
- Letter to the Prime Minister of Nepal on implementation of the views in Mr Giri’s case dated 5 July 2011