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AI Index: ASA 31/055/2002 and 31/064/2002
UA 247/02
Duration of case: 22 May - 1 Sept. 2002
Status: Closed

Hari Prasad Phunyal (m), lawyer
Torture / Medical concern

Original UA
7 August, 2002

There are concerns for the health and safety of Hari Prasad Phuyal, a detained lawyer from Biratnagar, Morang district, who was last seen on 29 July, at Morang prison at which time he appeared to be in poor health.

Hari Prasad Phuyal was arrested around 7am on 22 May by police from his home at Himalipath, Biratnagar. After his arrest he was taken to the District Police Office in Biratnagar where he was held for two days. He was then transferred to Morang prison under a preventive detention order. There he was visited by lawyers and family members until the third week of July.

However, from around 23 July, his family members were denied access to him. His wife was reportedly told on that day that orders "from the top" were that no one can visit him. When she tried to visit her husband on 25 July, she was again denied access and was told to come back after two days. On 29 July, she was allowed to see him. He was reportedly supported by two men, as he was not able to walk. His body was covered by bandages, and his face was swollen. He told his wife he was not able to eat.

A lawyer who was also given access to him on 29 July in the presence of several police officers confirmed that Hari Prasad Phuyal's face and legs were swollen. The prisoner reportedly told him that he had not eaten anything for ten days, apparently because he had difficulties swallowing.

It is believed that Hari Prasad Phuyal was arrested in connection with his work as a lawyer representing members or sympathizers of the armed political group Communist Party of Nepal (CPN) (Maoist).

Update on Outcome
6 September 2002

Amnesty International has been informed that Hari Prasad Phuyal was released on or around 1 September. He had been held in detention since 22 May.

He was reportedly required by the authorities to issue a statement, published in several daily Nepali language newspapers, saying that he was not in future going to represent suspected members or sympathizers of the armed political group, the Communist Party of Nepal (CPN) (Maoist) who had been arrested, in the course of his work as a lawyer.

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

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