E/CN.4/1996/35/Add.1
page 89
475. The Special Rapporteur transmitted another urgent appeal
on 24 November 1995 concerning Maung Aye, Toe Aung and Myo Zaw,
representatives of the NLD Youth, who were reportedly arrested by police
on 18 November 1995 at a meeting outside the house of NLD leader
Aung San Suu Kyi.
Nepal
Urgent appeal transmitted and reply received
476. On 1 August 1995 the Special Rapporteur sent an urgent appeal concerning
the deportation of a substantial number of Tibetans from Nepal to Tibet. More
than 100 such persons had reportedly been deported summarily, without an
official hearing or other procedural safeguard, since April 1995. Some of the
deportees feared arrest by the Chinese authorities upon arrival in Tibet.
The Special Rapporteur referred to the observations in his report to the
fiftieth session of the Commission on Human Rights (E/CN.4/1994/31,
para. 172), reaffirmed in his report to the fifty-first session
(E/CN.4/1995/34, para. 128), that there existed "serious grounds for concern
about the persistence of an extensive problem of torture and severe
ill-treatment of prisoners in various parts of China". The problem was
especially acute with respect to the situation in Tibet. He therefore
appealed for no person to be deported to Tibet without a reliable and
individualized determination by the Government of Nepal that no substantial
grounds existed for believing that he or she would be in danger of being
subjected to torture. This principle was mandated by article 3 of the
Convention against Torture, to which Nepal is a party.
477. On 17 August 1995 the Government replied that there were 20,000
to 50,000 Tibetan asylum-seekers in Nepal. Under a treaty signed between
Nepal and China, persons from either side could freely move across
30 kilometres of the border. All who crossed the border were therefore not
asylum-seekers and the Nepalese authorities returned persons who had crossed
the 30 kilometre area "if they wished to go home". Since Nepal also had open
borders with India, it was not easy to determine who came from which side. It
was also difficult to determine whether the reasons for recent movement of
Tibetans in large numbers could be only non-economic ones. There had been no
change in the policy of the Government regarding refugees.
Norway
Information received from the Government with respect to cases included in
previous reports
478. On 20 February 1995 the Government sent the Special Rapporteur
supplementary information to its reply of 6 October 1994 with regard
to the cases of Iranian nationals Bahlul Karbaly Khalil Moghadami,
Farhad Mohammadi Injeh and Mansour Mohammadi Injeh, who were poised to be
extradited to the Russian Federation for prosecution on hijacking charges.
The Government stated that on 10 November 1994 it had rejected the appeals of
these persons that they not be so extradited. On 4 January 1995 the
Government of the Russian Federation had accepted a number of conditions set
forth by the Government of Norway, including that these men not be deported to
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