NEPAL

Lawyer Basu Dev Sigdel was reportedly arrested by security force personnel in

Kathmandu on 22 January. Brothers Rakesh Prasai, aged 36, businessman

and Durga Prasai , aged 33, businessman were arrested by army

personnel in Jhapa district two days later. Amnesty international is concerned

that all three may have been detained arbitrarily and illegally and is

concerned for their safety.

Witnesses say three men in civilian dress, claiming to be from the security

forces, came to Subakarna Law Office, where Basu Dev Sigel worked, at around

10am on 22 January. They reportedly took away his mobile telephone and took him

from the office on foot at 10.15am but said that they would return him to the

office very soon. Later that day and on 23 January, Basu Dev Sigel's wife tried

to call him on his mobile telephone but found it was switched off.

Basu Dev Sigdel is a resident of of Bafal, Kathmandu but originally came from

Arundaya, Tanahu district. His family have reported his arrest to the NBA and

the National Human Rights Commission (NHRC). They have also appealed

unsuccessfully to the Defence Ministry and the Home Ministry to say where he is

and ensure that he is safe.

Rakesh Prasai and Durga Prasai are residents of Anarmuni, Jhapa, and run a

furniture business in Birtamod bazaar, Anarmuni. According to witnesses, army

personnel in uniform came to the furniture showroom at 2pm to look for Durga

Prasai. When they found out that he was away from the showroom they took his

brother away in a van. They reportedly told staff that Rakesh Prasai would not

be released until Durga Prasai was handed over to them. When Durga returned to

the showroom he immediately went to Charali army barracks with one of his

relatives. When he asked officials at the barracks why his brother had been

arrested, they detained him too, without giving any reason.

Their relatives suspect that Rakesh and Durga Prasai may have been detained

because they were wrongly accused of having links with the Communist Party of

Nepal (Maoist). They have appealed unsuccessfully for the men's release to the

NHRC, the Defence Ministry, the Home Ministry and high ranking members of the

armed forces.

BACKGROUND INFORMATION

Amnesty International has been concerned about a deterioration in the human

rights situation in Nepal since the Communist Party of Nepal (CPN) (Maoist)

launched a "people's war" in February 1996. Reports of human rights abuses by

both the security forces and the CPN (Maoist) escalated after the army was

mobilized and a state of emergency imposed between November 2001 and August

2002. Many people were arrested under the 2002 Terrorist and Disruptive

Activities (Control and Punishment) Act (TADA), which gave the security forces

the power to arrest without warrant and detain suspects in police custody for

up to 90 days. Scores of people are reported to have been held for weeks or

even months in illegal detention in army custody without access to their

families, lawyers or a doctor. In 2002, Nepal recorded the highest number of

"disappearances" of any country in the world. The CPN (Maoist) are also

reported to have abducted scores of people.

The ceasefire agreement between the government and the CPN Maoist, which had

held since January 2003, broke down on 27 August. Since then, fighting between

the two sides has resumed throughout the country, and Amnesty International has

received reports of human rights abuses committed by both sides in the

conflict. In particular there has been a rise in the number of "disappearances"

at the hands of the security forces and abductions by the CPN (Maoist).

AI INDEX: ASA 31/012/2004 28 January 2004

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