Hostname: page-component-586b7cd67f-rcrh6 Total loading time: 0 Render date: 2024-11-29T00:51:30.521Z Has data issue: false hasContentIssue false

Dhakal and Others v. Nepal Government and Others

Nepal.  01 June 2007 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Human rights — Right to life — Right to liberty and security of the person — Right to protection from cruel, inhuman and degrading treatment — Enforced disappearances — Whether Nepalese security forces arresting and forcibly disappearing various persons in their custody during armed conflict between Nepalese Communist Party (Maoist) and Government of Nepal — Constitution of Nepal 1990 — Interim Constitution of Nepal 2007 — Whether Government of Nepal complying with its obligations under Constitution of Nepal 1990 and Interim Constitution 2007 — International human rights instruments ratified by Nepal — Universal Declaration of Human Rights, 1948 — International Covenant on Civil and Political Rights, 1966 — International Covenant on Economic, Social and Cultural Rights, 1966 — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment, 1984 — Whether Government of Nepal complying with its obligations under international human rights instruments ratified by Nepal — Relevance of Convention for Protection of all Persons from Enforced Disappearance, 2006 to which Nepal not a party

Human rights — Right to effective remedy — Duties of Nepalese Government to provide effective remedy — Duty to investigate and make information on disappeared persons public — Obligation to prosecute — Rights of persons deprived of their liberty — Orders of habeas corpus and mandamus — Compensation — Relevance of disappearances occurring at time of conflict — Whether interim monetary relief for families of disappeared persons constituting appropriate remedy

Relationship of international law and municipal law — Treaties — Nepal — Human rights treaties — Act incorporating international human rights treaties into Nepalese domestic law — Universal Declaration of Human Rights, 1948 — International Covenant on Civil and Political Rights, 1966 — International Covenant on Economic, Social and Cultural Rights, 1966 — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment, 1984 — Implementation of resulting obligations — Relevance of Convention for Protection of all Persons from Enforced Disappearance, 2006 to which Nepal not a party — Constitution of Nepal 1990 and Interim Constitution 2007 — Whether Government of Nepal complying with its obligations

War and armed conflict — Non-international armed conflict — Armed conflict between Nepalese Communist Party (Maoist) and Government of Nepal — Duty of State regarding detainees — Whether Government of Nepal complying with its obligations under international human rights instruments ratified by Nepal — Whether Nepalese domestic legal framework on enforced disappearances adequate and effective — The law of Nepal

Type
Case Report
Copyright
© Cambridge University Press 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)