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