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AI Index: ASA 31/006/2002 and 31/011/2003
UA 13/02
Duration of Case: 31 December, 2001 - 23 December, 2002
Status: Closed

Bhuminanda Devkota (m), aged 40, Water Board employee
Fear for Safety/Incommunicado detention/
Fear of torture or ill-treatment

Amnesty International is concerned for the safety of Bhuminanda Devkota, who was arrested from his home in Maharajgunj, Kathmandu, by six men believed to be plain-clothed army personnel on 31 December 2001. He is being held in incommunicado detention and is at risk of torture or ill-treatment.

Bhuminanda Devkota has in the past been associated with the Nepal National Intellectual Organization (NNIO) which is alleged by the government to be close to the Communist Party of Nepal (CPN)(Maoist). He is originally from Gorkha District and was employed as a manager of the Drinking Water Board for a World Bank funded project located at Panipokhari, Maharajgunj, Kathmandu.

According to reports, on 31 December 2001, six men in civilian dress visited Bhuminanda Devkota at his office in Panipokhari and questioned him. They then requested that he accompany them while they made further inquiries. As he had work to do, Bhuminanda Devkota refused to accompany them. When the office closed, he rode to his home in Nayabazar, Kathmandu, by motorcycle. He was followed by the six men in a white vehicle, described as a pick-up van (registration number unknown).

They followed him into his home and questioned him further. He was then taken away at around 6pm. Relatives were told the he would be released at around 10pm that day or before 10am the following morning. He has not been seen since.

Update: 30 Oct. 2002

Bhuminanda Devkota is believed to be held in police custody. He may be held at Hanuman Dhoka District police office. There has been no official clarification of his whereabouts.

Update: 18 Feb. 2003

Bhuminanda Devkota was released by order of the Supreme Court on 23 December 2002 after spending nearly one year in detention. A writ of habeas corpus was finally filed on his behalf on 28th November 2002 with the assistance of the Nepal Bar Association. Bhuminanda Devkota's release followed a month later.

He was originally arrested by the security forces from his home in Maharajgunj, Kathmandu, on 31 December 2001. He was reportedly held in army custody for three months, then handed over to the police and transferred to Central Jail, Kathmandu, one week later. He was allegedly subjected to torture and ill-treatment in army and police custody.

Bhuminanda Devkota had in the past been associated with the Nepal National Intellectual Organization (NNIO) which is alleged by the government to be close to the Communist Party of Nepal (CPN) (Maoist). The CPN (Maoist) was declared to be a "terrorist organization" under the 'state of emergency' imposed in November 2001. The state of emergency expired in August 2002 although the security forces continued to have wide ranging powers.

No further action from the network is required. Thank you to all those who sent appeals.

FURTHER INFORMATION

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