US embassy cable - 04KATHMANDU141

C O N F I D E N T I A L SECTION 01 OF 03 KATHMANDU 000141 
 
SIPDIS 
 
STATE FOR SA/INS, DRL, AND INR 
 
E.O. 12958: DECL: 01/21/2014 
TAGS: PHUM, MOPS, MCAP, PGOV, PTER, NP, Human Rights 
SUBJECT: NEPAL:  ARMY ACTIONS TAKEN TO INVESTIGATE ALLEGED 
HUMAN RIGHTS VIOLATIONS 
 
REF: A. 02 KATHMANDU 0634 
     B. 03 KATHMANDU 0087 
     C. 03 KATHMANDU 1805 
     D. 03 KATHMANDU 2129 
     E. KATHMANDU 0063 
 
Classified By: DCM ROBERT K. BOGGS.  REASON:  1.5 (B,D). 
 
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SUMMARY 
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1.  (SBU)  Summary:  Since its inception in July 2002, the 
Human Rights cell of the Royal Nepal Army (RNA) has accepted 
17 cases of alleged human rights violations for further 
investigation.  Of the 17 cases, 8 involved allegations of 
extra-judicial killing; 3 involved allegations of use of 
excessive force; 1 involved an allegation of rape; and 5 
involved allegations of extortion and/or robbery.  Of the 17 
cases, disciplinary action and/or court martial was 
recommended in 12; no disciplinary action was recommended but 
compensation to victims' families recommended in 3; no 
evidence of wrongdoing was found in 1; and 1 remains under 
investigation.  Although the RNA has displayed some progress 
in its willingness to investigate allegations, until it 
reopens an inquiry into allegations of extrajudicial killings 
in Ramechhap District (Ref C), it will remain vulnerable to 
public perception and criticism that it is attempting to 
evade a full accounting of this high-profile incident.  End 
summary. 
 
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HUMAN RIGHTS CELL:  RECORD SINCE 2002 
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2.  (SBU)  Since its inception in July 2002, the Human Rights 
cell of the Royal Nepal Army (RNA) has accepted 17 cases of 
alleged human rights violations for further investigations. 
Of the 17 cases, 8 involved allegations of extra-judicial 
killing; 3 involved allegations of use of excessive force; 1 
involved an allegation of rape; and 5 involved allegations of 
extortion and/or robbery.  Of the 17 cases, disciplinary 
action and/or court martial was recommended in 12; no 
disciplinary action was recommended but compensation to 
victims' families recommended in 3; no evidence of wrongdoing 
was found in 1; and 1 remains under investigation.  In 
addition to the cell at RNA Headquarters, a human rights cell 
has been set up at each of the RNA's three Division 
Headquarters, as well as at each of its brigades.  The human 
rights cell itself does not conduct investigations into 
specific cases, but may recommend that the Judge Advocate 
General constitute a Board of Inquiry to look into 
allegations.  The cell is also charged with training and 
disseminating information about human rights to RNA soldiers 
and officers.  Paras 3-12 provide further details on specific 
cases involving allegations of extrajudicial killings, rape, 
or use of excessive force. 
 
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EXCESSIVE FORCE ALLEGATIONS 
---------------------------- 
 
3.  (C)  On May 7, 2002, RNA soldiers allegedly detained a 
Nepali employee of GTZ, the German aid agency, in Chitwan 
District and "manhandled" him while in custody.  The cell 
found evidence of wrongdoing on the part of the officer 
involved, a captain.  He was held back from promotion for a 
year and made ineligible for staff college training for one 
year.  On May 12, 2002, RNA soldiers allegedly detained 
Nepali employees of GTZ in Sanfe Bagar, Achham District, and 
then beat him with rifle butts.  The human rights cell found 
no evidence of human rights violations, and no further action 
was taken against the soldiers implicated.  On March 13, 
2003, a soldier of the 3rd Brigade named Surya Bahadur 
Khatri, while stationed at a checkpoint in Baglung District, 
accidentally discharged his weapon, injuring a girl in the 
eye.  The soldier attempted to cover up the incident and flee 
the scene.  The investigation found evidence of wrongdoing. 
Khatri was imprisoned for nine months and dismissed from the 
RNA. 
 
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RAPE ALLEGATIONS 
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4.  (C) In April 2002 Capt. Ramesh Suwar and another 
unidentified officer of the independent Vim Kali Gulma 
Company of the 4th Brigade were accused of detaining  and 
raping two teenaged girls at Chisapani Barracks in Bardiya 
District (Ref B).  The other officer implicated was never 
identified, but human rights groups alleged that Major Ajit 
Thapa of the same company assisted in covering up the 
incident.  After these charges were publicized in an Amnesty 
International report published in December 2002, an 
investigation was initiated by the human rights cell. 
Shortly thereafter, the girls retracted the charges.  (Note: 
Many human rights groups suspect the girls retracted the 
charges under pressure from Capt. Suwar, who remained posted 
at the company after the alleged incident and throughout the 
investigation.  End note.)  An RNA investigation acquitted 
Suwar of the rape charges, based on the girls' recantation, 
but found him guilty of unlawful arrest.  He was held back 
one year from promotion and is currently posted at 7th 
Brigade Headquarters. 
 
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ALLEGATIONS OF EXTRAJUDICIAL KILLINGS 
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5.  (C)  On March 15, 2002, RNA soldiers of the Sri Nath 
Battalion of the 1st Brigade were accused of summarily 
executing Kancha Dongol, a detainee in military custody (Ref 
A), in Kathmandu.  An RNA investigation found that Dongol had 
been shot while trying to escape (although, as Ref A notes, 
medical examiners found evidence that the victim had been 
shot at close range in the temple).  Two soldiers were found 
guilty of the use of excessive force and sentenced to three 
months of imprisonment.  The leader of the patrol that 
apprehended Dongol was discharged from the RNA. 
 
 
6. (SBU)  On November 28, 2002, RNA soldiers in Kaule, 
Nuwakot District (in the 6th Brigade's AOR), fired on a group 
of civilians at night who failed to heed an order to halt, 
killing five (Ref B).  An RNA investigation found no evidence 
of wrongdoing as the soldiers followed standard operating 
procedures, but recommended that the families of each of the 
victims be paid NRs. 200,000 (approximately USD 2,700). 
 
7.  (C)  On January 11, 2003, a soldier named Gyan Bahadur 
Thapa was accused of summarily executing a father and son in 
Manpur Tapara, Bardiya District, in the 4th Brigade's AOR. 
The soldier was court martialed and sentenced to seven years 
of imprisonment.  An Armed Police Force (APF) officer, who 
was on patrol with the RNA soldier at the time, was also 
implicated in the incident.  According to Rabi Raj Thapa, 
Assistant Inspector General of Police of the APF, the APF 
referred the case to the national police to file charges. 
The case has since languished, Thapa said, because the family 
members of the dead pair have not filed a First Investigation 
Report (FIR) or a complaint with the civilian police. 
 
8.  (C)  On August 17, 2003, a joint patrol of soldiers 
assigned to the RNA's Narayan Dal Independent Company of the 
9th Brigade and national police allegedly summarily executed 
19 Maoist suspects in Doramba, Ramechhap District.  An 
initial RNA investigation found that the 19 died, after 
having been taken into RNA custody, during a Maoist ambush. 
An independent panel subsequently convened by the National 
Human Rights Commission to investigate the incident has 
reported finding credible evidence that extrajudicial 
killings took place (Ref C).  The RNA has pledged to reopen 
the case but so far has been unable to do so, according to 
Col. Narendra Aryal of the Human Rights Cell, because of the 
precarious security situation in that area.  The RNA has 
established a company in the area to provide better security 
to villagers who may wish to volunteer testimony to aid the 
investigation, Aryal indicated, adding that once local 
residents gain greater confidence in their personal safety 
and familiarity with the RNA presence, the investigation will 
proceed. 
 
9.  (C)  On October 13, 2003, RNA soldiers from the 5th 
Signal Company, the 5th Recruit Training Company, the 5th 
Field Ambulance Company, and the 5th Air Defense Company, 
along with members of the national police, opened fire at a 
secondary school where Maoists were holding a "cultural 
program," in Mudhbara, Doti District, in the 5th Brigade's 
AOR (Ref D).  Four students were killed and five were 
injured.  An RNA investigation acquitted the soldiers 
involved of wrongdoing, but recommended that the victims' 
families be paid NRs 200,000 (approximately USD 2,700) each. 
 
10.  (C)  On November 6, 2003, an RNA private of the Ferret 
Company of the 10th Brigade opened fire on Rajiv Shrestha, 
the driver of a vehicle that had rear-ended an RNA bus in 
Balaju, Kathmandu, killing him.  The private explained that 
he had fired out of fear that the collision was an attempted 
terrorist car bombing.  He currently is being tried under the 
Army Act, and the RNA has recommended compensation for the 
Shrestha family. 
 
11.  (C)  On December 4, 2003, a soldier of the Indravox 
Company of the 7th Brigade opened fire at a checkpoint in 
Sunachari, Makwanpur District, at a bus conductor who was 
running towards him with his hand in his pocket.  The soldier 
is currently facing a court martial, and the RNA has 
recommended compensation for the family of the victim. 
 
12.  (C) On December 6, 2003, RNA soldiers attached to the 
18th Brigade in Diktel, Khotang District, were accused of 
summarily executing Maoist suspects Hari Prasad Bhattarai, 
Durga Koirala, and Dakmani Koirala (Ref E).  Following an RNA 
investigation into the incident, the warrant officer in 
charge of the detachment that arrested the three victims is 
facing a court-martial.  Col. Aryal of the Human Rights cell 
indicated that the Board of Inquiry may also recommend 
disciplinary action against the lieutenant in charge of the 
platoon. 
 
 
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NOT UNDER INVESTIGATION 
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13.  (C) On December 14, 2003, teenager Maya Devi Tamang was 
shot and killed by RNA soldiers in Panauti, Kavre District, 
in the 9th Brigade's AOR.  According to RNA Spokesman Col. 
Deepak Gurung and Col. Narendra Aryal of the Human Rights 
cell, an RNA inquiry determined that the girl had been shot 
while trying to escape.  This account is disputed by initial 
reports collected by the National Human Rights Commission 
(NHRC) and INSEC, a local human rights NGO.  According to 
Kedar Prasad Poudel, Secretary of the NHRC, Tamang's husband 
had reportedly been a Maoist, but he had disappeared from his 
home more than a year before and Tamang, who was not known to 
maintain contact with him, had gone back to live at her 
parents' house.  On December 14, a large number of soldiers 
had come to Tamang's village, asking for her by name, and 
arresting her from her father's house.  Shortly thereafter, 
she was shot and killed under unclear circumstances.  (Note: 
Local press accounts quoted villagers who reported that she 
had been beaten and shot and her body dumped near her 
father's house.  Poudel said he could not confirm if there 
were actual eyewitnesses to the killing, but that her dead 
body had certainly been found in the vicinity of the house 
after her arrest.  End note.)  Given the number of armed 
soldiers sent to apprehend the teenager, Poudel questioned 
the RNA account.  Even if, as the RNA inquiry found, she had 
attempted to escape, could not some other means have been 
employed to restrain her, he asked.  He added that Tamang's 
father had told representatives of human rights organizations 
that after the killing RNA soldiers had offered him Rs. 500 
(approximately USD 7).  The NHRC has sent a field team to the 
site to conduct its own investigation, Poudel said, the 
results of which may be available by the end of 
January/beginning of February. 
 
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COMMENT 
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14.  (C) Since its inception in mid-2002, the RNA human 
rights cell appears to be making limited progress in 
investigating and recommending for prosecution allegations of 
human rights violations.  Clearly, the cell as a unit and the 
RNA as an institution would benefit from more sustained 
contact, to include technical assistance, with counterparts 
in the U.S. military.  While the RNA has provided us 
extensive information on the cases it has investigated, 
similarly detailed data has not been offered to the general 
public or to the human rights groups that first raised many 
of these cases.  Moreover, despite efforts made on other, 
less notorious cases, the RNA remains subject to public 
criticism for failing thus far to take decisive steps to 
reopen the Ramechhap investigation.  Until it does so, the 
RNA will remain vulnerable to public perception that it is 
attempting to avoid a full accounting.  The Embassy will 
continue to press the RNA to reopen the investigation as soon 
as feasible. 
MALINOWSKI