CCPR/C/120/D/2170/2012 2.7 On 6 August 1999, representatives of civil society organizations and human rights activists met with the then Prime Minister, Krishna Prasad Bhatterai, to request information about their disappeared relatives. During this meeting, the Prime Minister reportedly informed members of the Families of Victims of State Disappearance Association that their relatives, including Mr. Neupane, had already been killed. 2.8 On 17 August 1999, Mrs. Neupane filed a second petition for a writ of habeas corpus with the Supreme Court. The respondents were: (a) the Home Ministry; (b) Nepal Police Headquarters, Naxal, Kathmandu; (c) the Chief District Office, Kathmandu; and (d) the District Police Office, Hannumandhoka, Kathmandu. All respondents denied the arrest, detention, torture and disappearance of Danda Pani Neupane. 2.9 On 31 August 1999, a national daily newspaper, Mahanagar Daily, published an article stating that six persons, including Mr. Neupane, who had been arrested as suspected Maoists and disappeared earlier in the year, had been found alive and were being kept “for their own safety” by the Riot Control Police Force in Pokhara, Kaski district. The article also claimed that Mr. Neupane and his co-detainees had been subjected to torture while being held by the Force. Mrs. Neupane was then informed by Mr. B., a retired police officer, that her husband was suffering from jaundice and that he had been transferred to Kathmandu for medical treatment. Mr. C., a police officer from Chitwan district who knew Mr. Neupane, reportedly tried to visit him after he was transferred to Kathmandu. Mr. C. was denied access to Mr. Neupane, but was informed that he was sick and was being provided with medical treatment. 2.10 In the light of the information published in the Mahanagar Daily, which was consistent with the statements of Mr. B. and Mr. C., on 27 September 1999, Mrs. Neupane requested the Supreme Court to issue a search warrant and investigate the whereabouts of her husband. On 24 January 2000, the Deputy Inspector of the Western Regional Police Office denied that Mr. Neupane had been held by his service. On 11 February, the Supreme Court ordered the Inspector-General of Police to provide a written response concerning Mr. Neupane’s whereabouts within 15 days. In the absence of a response, on 20 March, the Court reiterated its order. On 22 March, police headquarters stated before the Court that it had been unable to locate Mr. Neupane and that he was not in police detention. 2.11 On 5 July 2000, the Supreme Court quashed the second petition for a writ of habeas corpus filed on 17 August 1999, maintaining that, as with the first petition filed on 26 May 1999, the claims of the author had not been established. The Court stated that, after exhausting all procedures, it could not be confirmed, on the basis of mere suspicion, that Danda Pani Neupane was in police custody. 2.12 The authors allege that they also submitted a written appeal to Parliament and the Prime Minister requesting information about the whereabouts of Mr. Neupane. Together with other families whose relatives were also victims of enforced disappearance, they held a press conference at which they requested the general public and the State authorities to supply any information about the whereabouts of their relatives. Furthermore, in August 1999 and February 2000, Amnesty International published two urgent appeal actions requesting information on the whereabouts of Mr. Neupane.2 His name was included in a list compiled by the National Human Rights Commission of conflict-related disappearances. 3 Mr. Neupane is also listed in the missing persons database of the International Committee of the Red Cross (ICRC).4 Despite all these efforts, Mr. Neupane’s fate and whereabouts remain unknown. In 2008, Mrs. Neupane received compensation of 100,000 Nepalese rupees5 as interim relief. 2.13 The authors also submit that after Mr. Neupane’s arbitrary arrest and subsequent enforced disappearance, Mrs. Neupane was also subjected to harassment. Mrs. Neupane, 2 3 4 5 The authors provide a copy of the Amnesty International urgent action appeals of 13 August 1999 and February 2000. The authors provide a copy of the list. The authors provide a copy of the database. According to the author, this was the equivalent of approximately $1,200 at the time the communication was submitted to the Committee. 3

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