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:

Following the handing down of the HRC's decision, Mr Giri has been provided with a small amount of money from the government, which it termed "interim relief".  The amount provided is however in no way commensurate with the gravity of the violations suffered, or the damage caused.   Furthermore, to date no action has been taken to investigate the violations, and the transitional justice mechanisms promised by the Government have not yet been put in place. 

Advocacy Forum and REDRESS continue to liaise with the Government of Nepal and the Human Rights Committee to push for full implementation of the Views in the case, and the Committee has continued to raise this with the State party.  The organisations also continue to advocate at the national and international levels for transitional justice mechanisms which respect the rights of victims of serious human rights violations, and ensure accountability.

In addition to individual submissions on implementation, on February 2014 the organisations provided a detailed report to the Human Rights Committee on Nepal's failure to implement views in a number of cases.  In July 2014, following the adoption of an act to establish a Truth and Reconciliation Commission in Nepal, the organisations provided a further update to the Committee, enclosing an analysis of the Act by Advocacy Forum, REDRESS and TRIAL, an OHCHR analysis of the Act, and a statement by UN special procedures mandate holders calling for amendment of the Act.

 

To find out more about REDRESS' work in Nepal, please click here.


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