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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