Archive ref no: NCA-18730
Document - Nepal: Further information on Fear of torture, Tulashi Prasad Amgain
PUBLIC AI Index: ASA 31/018/2002
4 March 2002
Further information on UA 322/01 (ASA 31/016/2001, 18 December 2001) - Fear of torture
NEPAL Tulashi Prasad Amgain (m), aged 29
Amnesty International has been informed that tour operator Tulashi Amgain, who was arrested on 25 November 2001, was transferred from Kathmandu District Police Station to Kathmandu Central Jail in early February. His relatives have been able to visit him there and he is no longer at risk of torture.
Lawyers are reportedly in the process of filing a habeas corpus petition - an order requiring a detainee to be brought before a judge or into court so that the right of the law to keep him in prison can be investigated. It is expected that it will take about two weeks before the court reaches its judgement.
Tulashi Amgain was reportedly arrested under the Terrorist and Disruptive Activities (Prevention and Control) Ordinance (TADO), 2001, which grants wide powers to arrest people suspected of being involved in "terrorist" activities. Under the TADO detainees can be held for 90 days without charge or trial, and this is extendable for another 90 days with the permission of Home Ministry.
No further action is required from the network. Many thanks to all who sent appeals.