OPINION No. 19/2001 (NEPAL)

Communication addressed to the Government on 7 June 2001

Concerning: Yubaraj Ghimire, Binod Raj Gyawali and Kailash Sirohiya

The State is a party to the International Covenant on Civil and Political Rights

1. The Working Group on Arbitrary Detention was established by resolution 1991/42 of the Commission on Human Rights. The mandate of the Working Group was clarified and extended by resolution 1997/50, and reconfirmed by resolution 2000/36. Acting in accordance with its methods of work, the Working Group forwarded to the Government the above-mentioned communication.

2. The Working Group conveys its appreciation to the Government for having provided the requisite information.

3. In a note dated 27 November 2001, the Government informed the Working Group that the above-mentioned individuals, who had been detained since 6 June 2001, were released on 17 August 2001.

4. The Working Group transmitted the reply of the Government to the source, which confirmed that all the charges had been formally withdrawn by the Government. The Working Group is in a position to render an opinion on the case.

5. Having examined all the available information before it and without prejudging the arbitrary nature of the detention, the Working Group decides to file the case of the above-mentioned individuals, in accordance with paragraph 17 (a) of its revised methods of work.

Adopted on 28 November 2001
E/CN.4/2003/8/Add.1