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Dadparvar
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The UN Human Rights Committee said on Tuesday that Nepal violated Article 7 and Article 9 of the International Covenant on Civil and Political Rights (Covenant), concerning an individual complaint from a domestic worker, Mr. Bholi Pharaka, who claimed that he was tortured and forced to work in Kathmandu from the age of 9.
Pharaka claimed that at the age of 14, he was forced to work every day from 4 AM until 10 PM. He or his family never received any payments for the work. He was also subjected to physical and psychological abuse during work. After his escape, his former master accused him of theft, and he was arrested and tortured during police interrogation. With no legal representation, he was erroneously reported 18 years old, and Kathmandu District Administration Office granted the extension of his detention three times.
On the issue of admissibility, the committee found that it has a mandate to review complaints from individuals who have suffered human rights violations when those victims have been denied justice in their home countries, such as the present case. On merit basis, the committee found that Nepal violated Pharaka’s rights such as right to liberty and security of a person, right to a fair trial, respect for the inherent dignity of the human person, right to special protection as a child, and right to an effective remedy.
Consequently, the committee obliged Nepal to provide Pharaka effective remedy. In particular, Nepal must (a) investigate and sanction police officers who were responsible; (b) provide medical and psychological care free of charge; (c) provide effective reparation and appropriate measures, including educational support; (d) ensure that Pharaka receives “prompt, fair and adequate compensation”; and (e) indicate the specific domestic authorities that are in charge of implementing each measure of reparation.
In addition, Nepal must “ensure the removal of legal, practical and administrative obstacles that hinder the filing and investigation of complaints and effective access to justice and compensation for victims of torture and victims of child and forced labour,” by amending its legislation and statutes of limitations in accordance with international standards, and by criminalizing torture and slavery with sanctions and remedies.
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Pharaka claimed that at the age of 14, he was forced to work every day from 4 AM until 10 PM. He or his family never received any payments for the work. He was also subjected to physical and psychological abuse during work. After his escape, his former master accused him of theft, and he was arrested and tortured during police interrogation. With no legal representation, he was erroneously reported 18 years old, and Kathmandu District Administration Office granted the extension of his detention three times.
On the issue of admissibility, the committee found that it has a mandate to review complaints from individuals who have suffered human rights violations when those victims have been denied justice in their home countries, such as the present case. On merit basis, the committee found that Nepal violated Pharaka’s rights such as right to liberty and security of a person, right to a fair trial, respect for the inherent dignity of the human person, right to special protection as a child, and right to an effective remedy.
Consequently, the committee obliged Nepal to provide Pharaka effective remedy. In particular, Nepal must (a) investigate and sanction police officers who were responsible; (b) provide medical and psychological care free of charge; (c) provide effective reparation and appropriate measures, including educational support; (d) ensure that Pharaka receives “prompt, fair and adequate compensation”; and (e) indicate the specific domestic authorities that are in charge of implementing each measure of reparation.
In addition, Nepal must “ensure the removal of legal, practical and administrative obstacles that hinder the filing and investigation of complaints and effective access to justice and compensation for victims of torture and victims of child and forced labour,” by amending its legislation and statutes of limitations in accordance with international standards, and by criminalizing torture and slavery with sanctions and remedies.
The post UN committee orders Nepal to compensate man for forced labor appeared first on JURIST - News - Legal News & Commentary.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.