In their complaint, the victim and TRIAL request the HRC:
To find that Mr. Lakpa Tamang is a victim of a violation of Art. 7 (prohibition of torture), in conjunction with Art. 24, para. 1 (obligation to adopt special measures of protections for minors), of the International Covenant on Civil and Political Rights, because he was subjected to torture and other forms of ill-treatment in the aim of extracting a confession from him. These violations are aggravated by the fact that Mr. Lakpa Tamang was a minor when the events took place. As such, he was entitled to special measures of protection, which Nepal failed to adopt.
To find that Art. 7 has been violated also in conjunction with Arts. 2, para. 3 (right to an effective remedy), and 24, para. 1, of the Covenant, due to the failure of Nepalese authorities to effectively investigate, prosecute and sanction those responsible taking into account the gravity of the crime. Moreover, the victim has not received adequate compensation for the harm suffered. These violations are aggravated by the fact that Nepal failed to afford Mr. Lakpa Tamang the special measures of protection he was entitled to as a minor.
To find that Art. 7 has been violated also in conjunction with Arts. 2, para. 2 (obligation to adopt legislative measures), and 24, para. 1, of the Covenant. In fact, the Nepalese authorities did not adopt adequate legislative measures to prevent acts of torture against minors; to punish those responsible in proportionality to the gravity of the crime; and to provide fair reparations encompassing restitution, rehabilitation, satisfaction and guarantees of non-repetition.
To request Nepal to investigate, prosecute and sanction those responsible for his torture proportionally to the extreme gravity of the crime; to ensure that the victim receives integral reparation, including restitution, rehabilitation, satisfaction and guarantees of non-repetition.
The case is currently pending before the Human Rights Committee.