US embassy cable - 03KATHMANDU2164

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 002164 
 
SIPDIS 
 
STATE FOR SA/INS 
LONDON FOR POL - GURNEY 
NSC FOR MILLARD 
 
E.O. 12958: DECL: 10/30/2013 
TAGS: PHUM, MOPS, PGOV, PTER, NP 
SUBJECT: NEPAL:  ICRC LAMENTS POST-CEASEFIRE DROP IN ACCESS 
TO ARMY DETAINEES 
 
 
Classified By: CDA ROBERT K. BOGGS.  REASON:  1.5(B,D). 
 
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SUMMARY 
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  (C)  SUMMARY:  The Royal Nepal Army (RNA) has not allowed 
representatives of the International Committee of the Red 
Cross (ICRC) access to detainees in military custody since 
the end of the ceasefire on August 27.  Access to detainees 
in police custody, however, has improved dramatically over 
the past year, according to ICRC Head Delegate Pascal 
Mauchle.  Mauchle believes publicly pressuring the RNA would 
prove counterproductive, but asked for Embassy support in 
raising the issue in an informal, low-key manner with the RNA 
leadership.  The ICRC has had only limited success in 
visiting detainees in Maoist custody, and has made no visits 
since the end of the ceasefire.  End summary. 
 
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RNA RETRENCHES ON PRISONER ACCESS 
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2.  (C)  In an October 23 meeting, International Committee of 
the Red Cross (ICRC) Head Delegate Pascal Mauchle told poloff 
that the Royal Nepal Army (RNA) has not allowed his 
organization access to detainees held in military custody 
since the end of the ceasefire on August 27.  Mauchle said 
the apparent policy change is particularly disheartening 
because the RNA, after more than a year of refusing such 
requests, had allowed the ICRC to make nearly 40 visits to 
military detention facilities during the January 29-August 27 
ceasefire.  The RNA has not officially reversed its policy, 
Mauchle said, but no ICRC request for access has been granted 
since the resumption of hostilities. 
 
3.  (C)  Mauchle said he has raised the matter with the 
Director of Military Operations, the Director of Military 
Intelligence, and even Chief of Army Staff Gen. Pyar Jung 
Thapa.  According to Mauchle, Thapa assured him that the 
previous policy of allowing ICRC access remains unchanged and 
that the RNA is fully committed to respecting human rights. 
He promised to provide ICRC with a list of prisoners in 
military custody.  (So far, however, the list has not 
materialized.)  When Mauchle asked if Thapa would contact his 
divisional and brigade commanders to authorize access, Thapa 
somewhat disingenuously suggested that Mauchle contact them 
himself directly. 
 
4.  (C)  Mauchle regards the apparent policy reversal as 
disappointing--especially given the progress made during the 
ceasefire--but remains generally optimistic that the RNA's 
attitude toward his organization is slowly improving.  He 
believes public and/or heavyhanded pressure on the RNA to 
allow access would only prove counterproductive, putting the 
Army leadership on the defensive and possibly hardening 
existing misperceptions and suspicions of ICRC motives and 
mandate.  Instead, he asked that the Embassy raise the matter 
informally with the RNA. 
 
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PROGRESS WITH POLICE 
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5.  (SBU)  On a more positive note, Mauchle reported that the 
ICRC continues to have excellent access to detainees in 
police custody, both at police stations and in jails.  In 
fact, he said he had been informed by the Home Ministry that 
the ICRC no longer needs to prenotify the Ministry in order 
to conduct a visit.  During the seven-month ceasefire, the 
ICRC made 57 visits to police stations and 78 to jails across 
the country.  Since the end of the ceasefire, the ICRC has 
registered another 12 prisoners in police custody, including 
two in Kathmandu.  In all, combined with the 39 visits to 
military detainees made during the ceasefire, the ICRC 
registered 367 new detainees in 55 districts since January 1. 
 
 
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MAOISTS MUTE 
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6.  (C) The ICRC has had far less success in obtaining access 
to detainees held by the Maoists, Mauchle acknowledged.  He 
reported that an ICRC team was currently in the field in 
Baglung District, attempting to make contact with a local 
commander in order to obtain access to possible detainees. 
On only a few occasions, including when the Maoists released 
25 captive policemen into ICRC custody in October 2001, has 
the ICRC had the opportunity to interview people detained by 
the Maoists.  In general, he believes the Maoists do not hold 
captives for extended periods, partially because of a lack of 
facilities to feed and house them.  The assumption is that 
prisoners are either killed or released. 
 
7.  (C)  The ICRC had previously established good contacts 
with members of the Maoist leadership, but has had no 
communication with them since the end of the ceasefire. 
Mauchle speculated that his previous contacts were no longer 
in the country.  Since the end of the ceasefire, Maoist 
command and control appears to be much more decentralized, he 
said, with far greater discretion and decision-making 
authority being given to local commanders in the field.  For 
example, ICRC requests that formerly had to be referred to 
members of the top leadership now appear to be decided at the 
local level, he noted.  While it is difficult at this point 
to determine the reason for this apparent shift--one popular 
theory is that the Maoist command structure is starting to 
crumble--or to know how long it may last, Mauchle said, a 
decentralized command within a mobile fighting force can only 
increase the challenges the ICRC faces in obtaining access to 
Maoist detainees. 
 
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COMMENT 
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8.  (C) While the RNA's apparent reversal in its previous 
policy is a disappointing step backward, we nonetheless agree 
with Mauchle's assessment that military attitudes and 
prejudices about the ICRC are slowly changing in the right 
direction.  We will seek an opportunity to reinforce with the 
RNA the message that compliance with international human 
rights standards--including allowing ICRC access to 
detainess--can only help the RNA improve its public image and 
its stature as a well-disciplined, professional fighting 
force. 
 
 
BOGGS