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AI Index: ASA 31/063/2002 and 31/074/2002
UA 267/02
Duration: 23 August - 4 October, 2002
Status: Closed

Raman Kumar Shrestha (m), lawyer
Fear for safety/Fear of torture/Fear of "disappearance"

Raman Kumar Shrestha was reportedly arrested by army personnel at about 9.30am on 23 August on the way to his office in Kanuni Uddhar Kendra, Bagbazar, Kathmandu. His whereabouts are unknown, and there are fears for his safety.

Raman Kumar Shrestha left home in the morning on his motorcycle, but did not arrive at his office. He was scheduled to appear in two cases in the Supreme Court that day, but did not appear there either.

At about 8pm on 23 August a group of about ten security forces personnel, one in civilian clothes and the others in army uniform, arrived in a white van at Raman Kumar Shrestha's house and searched it. They returned Raman Kumar Shrestha's motorcycle and helmet to his wife and told her that her husband had been arrested to help them with an inquiry, but did not give her any further explanation for his arrest.

Raman Kumar Shrestha works in a Legal Relief Centre which defends victims of social or political injustice. He may have been arrested because the authorities suspect him of being a supporter or sympathizer of the armed political group, the Communist Party of Nepal (CPN) (Maoist). Amnesty International has frequently received reports of suspected CPN (Maoist) sympathizers being tortured while in detention.

Relatives made inquiries to the Brigadier General heading the army human rights monitoring unit, who has undertaken to confirm whether Raman Kumar Shrestha has been detained, and if so, the reasons for his arrest. The Nepal Bar Association also informed the Home Minister and other authorities but have not received any clarification of Raman Kumar Shrestha's whereabouts.

At a preliminary hearing of a habeas corpus writ on 28 August filed on Raman Kumar Shrestha's behalf, the Supreme Court ordered the security forces to respond within 24 hours.

Update: December 2002

Raman Kumar Shrestha was released on the orders of the Supreme Court on 4 October 2002. A habeas corpus writ had been filed on his behalf on 28 August.

Raman Kumar Shrestha was arrested by army personnel on 23 August, on his way to his office in Kanuni Uddhar Kendra, Bagbazar, Kathmandu. It is believed he was held in army custody at the Chauni army barracks in Kathmandu, although the authorities denied he was in their custody for over a month. However, the authorities publicly acknowledged that they were holding him in detention a few days before his release.

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

NOTE from this site: The writ of habeus corpus requires that the prisoner be produced and afforded access to lawyers, etc. within forty-eight hours. Despite a writ of habeus corpus on 28 August, for a full month the authorities denied they even held the prisoner. This type of contempt toward the judiciary is all too common, even in those few cases where the victim's family and friends have the wherewithal to bring the matter before the court and where the judiciary finds the courage to act.

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