CCPR/C/112/D/2031/2011 2.8 On 14 January 2002, a multiparty meeting was held in public in Besishahar in the presence of the Chief District Officer, the Deputy Superintendent and other members of the police, in the course of which political leaders requested Mr. Bhandari’s immediate release. The police acknowledged the arrest and said that he would be released. A week after this meeting, the author and his mother received contradictory information from low-ranking army personnel as to his whereabouts, which mentioned different barracks and the military hospital. The author inquired at the hospital, but he was told that his father had never been there. 2.9 On 31 January 2002, the author reported his father’s disappearance to the National Human Rights Commission. On 1 February 2002, the Commission wrote to the Chief District Officer and the Deputy Superintendent of Police of Lamjung and to the Army to inquire about Mr. Bhandari’s whereabouts. On 15 February 2002, the Chief District Officer responded to the Commission, stating that Mr. Bhandari had told the authorities that he could lead them to artillery which was hidden in the Simpani jungle. However, during the search there, he tried to escape and was killed in crossfire. 2.10 On 4 March 2002, the author submitted a writ of habeas corpus to the Supreme Court. As a result, he received threats from army officers, urging him to stop looking for his father. 2.11 On 6 March 2002, an army officer replied to the Commission that Mr. Bhandari had been detained on the accusation of being an active member of a Maoist organization involved in carrying out violent actions. He further reported on the circumstances of Mr. Bhandari’s death in the forest area of Simpani Village, Lamjung District, and indicated that “the security force, which was headed for military action, was compelled to leave the dead body at the scene due to the security point of view, geographical remoteness and transportation problems”. 2.12 On 11 March 2002, the author was arrested in Kathmandu, in front of the Supreme Court by army personnel in civilian clothes and placed in detention in the army barracks. He was questioned, beaten and threatened with death if he did not withdraw his writ of habeas corpus. On 5 April 2002, the Supreme Court found that the author’s father was no longer alive and that, therefore, the habeas corpus order could not be made as requested. Accordingly, it dismissed the author’s habeas corpus writ. In its ruling, the Supreme Court pointed out that according to the Chief District Officer, the Deputy Superintendent of Police and the Army, Mr. Bhandari was killed in crossfire on 1 January 2002, while trying to escape the security perimeter during an operation to locate ammunition hidden by Maoists in the jungle. 2.13 The author claims that he had to flee to India for reasons of personal security for a short period and that he returned to Lamjung in 2006. At that time he was able to gather testimonies from former detainees, who saw or heard his father while in detention. The first one, Mr. R.P.S., also detained in the District Police Office on 31 December 2001, stated that on that night he had seen and could hear the author’s father being beaten for one and a half hours; that his father was then moaning; that after a while he heard a police officer saying “I think he is gone” and the lights in the next room went dark. After that, he knew nothing more. That testimony was corroborated by another detainee, Mr. D.S.G., who heard Mr. Bhandari screaming and assumed that he was beaten to death. 2.14 On 27 April 2007, the author wrote to the Chief District Officer and the Deputy Superintendent of Police requesting information about his father’s enforced disappearance. As he did not receive any answer from them, on 14 June 2007, he tried to file a “first information report”, but the police orally refused to register it, without issuing a formal written refusal. The police told the author that they could not arrest a colleague; that they had no record of the events in question; and that this was a political issue in which they 4

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