US embassy cable - 04KATHMANDU398

UNCLAS SECTION 01 OF 03 KATHMANDU 000398 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR SA/INS, DRL 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, SNAR, KCRM, NP, Human Rights 
SUBJECT: OVERVIEW OF NEPAL POLICE HUMAN RIGHTS CELL 
 
1. (SBU) Summary.  The Nepal Police Human Rights Cell was 
established in January 2003 and is staffed with only three 
investigators.  However, organizational restructuring is 
underway to expand the number of investigators to 19.  The 
cell is authorized to mete out minor punishments, such as 
verbal warnings or deferred promotions, and can recommend 
more serious punishments, such as suspension or termination, 
for approval by the presiding Deputy Inspector General of 
Police.  A study by British aid agency DFID, in September 
2003, identified significant management and policy 
shortcomings that limit the capacity of the Human Rights Cell 
to handle allegations of serious violations.  Out of 753 
complaints in one year, a total of 618 police personnel were 
punished:  582 verbal warnings were given, 16 formal 
warnings, 8 "adverse comments" were placed in personnel 
files, 5 employees were demoted, 4 were withheld from 
promotion, 2 were dismissed and 1 was suspended.  End Summary. 
 
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Structure and Procedures of the Human Rights Cell 
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2. (SBU)  On February 24, PolOff and RSO met with Deputy 
Superintendent of Police Nawa Raj Silwal, head of the Nepal 
Police Human Rights Cell.  Silwal provided an overview of the 
unit's structure and its procedures for handling alleged 
human rights abuses by police personnel.  The Human Rights 
Cell was formed in January 2003 and works from within the 
Police Inspectorate, which is headed by a Deputy Inspector 
General (DIG).  In addition to the Human Rights Cell, the 
Inspectorate comprises a complaints/grievances investigation 
section, a police authority abuse investigation section and a 
human rights violation monitoring unit.  There is significant 
overlap of responsibilities among the sections. 
 
3. (SBU) There are only 19 staff in all four units.  The 
Human Rights Cell itself has only three investigators -- 
inadequate to handle the number of complaints, Silwal said. 
Complaints are received from three sources:  the National 
Human Rights Commission, the Home Ministry and the general 
public.  In the Kathmandu Valley, ballot-like boxes allow 
citizens to submit written complaints regarding police 
behavior.  Outside the valley, each of the five Regional 
Deputy Inspector Generals are responsible for receiving 
complaints from the public, investigating these complaints, 
and reporting to the Human Rights Cell the results of the 
investigation.  However, Silwal noted, local commanders have 
shown little interest in disciplining their officers and many 
times fail to respond to written requests from the Human 
Rights Cell. 
 
4. (SBU) According to Silwal, every complaint received is 
investigated.  The first step usually is to interview the 
individual who filed the complaint as well as the police 
official involved.  In minor offenses, an informal resolution 
amenable to both sides is sought.  In more serious cases, the 
Human Rights Cell must conduct a more thorough investigation, 
including medical reports in the case of injury and witness 
testimony.  If the Human Rights Cell finds it probable that 
the police official committed a criminal offense, he/she will 
be dismissed from duty pending a full criminal investigation 
and prosecution in the courts.  For non-criminal offenses by 
police below the rank of inspector, DSP Silwal is authorized 
to discipline the offender with verbal or written warnings, 
reduced pay, or delayed promotion.  For offenders above the 
rank of inspector or if the Human Rights Cell recommends 
demotion, suspension, or termination, the DIG must make the 
decision. 
 
5. (SBU) The Human Rights Cell is undergoing organizational 
restructuring with the assistance of the British development 
agency DFID.  The new cell will be comprised of three units: 
a professional standards unit that will deal with cases of 
police misconduct; a criminal investigation unit that will 
respond to allegations of serious human rights abuse; and a 
grievance handling unit that will manage internal grievances 
of police personnel.  The restructured Human Rights Cell will 
be staffed with 20 investigators at the sub-inspector rank 
and above as well as administrative assistants at the 
constable and head constable rank.  Silwal reported that he 
has already begun to select appropriate candidates with a 
high level of professional integrity and clean personnel 
records to be investigators. 
 
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DFID Study Identifies Problems 
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6. (SBU) A study on the Human Rights Cell conducted in 
September 2003 by DFID noted that one of the principal 
problems in successful investigations into alleged abuses is 
a reluctance by senior police staff elsewhere in the 
organization, especially outside national headquarters, to 
deal with correspondence from the Human Rights Cell.  The 
reports also identified as problems the absence of specific 
guidelines on how a complaint or allegation should be dealt 
with or what the appropriate punishment should be for a 
particular abuse.  Moreover, the Police Act of 1955, as 
amended, identifies 30 criminal offenses by police personnel, 
but only one of them relates to the treatment of a member of 
the public, specifically "unjustly harassing any person 
through arrogance or intimidation or causing loss or damage 
to the property of any person." The other 29 offenses refer 
to internal disciplinary matters, such as failure to obey 
orders or to defend colleagues or police property. 
 
7. (SBU) The DFID study found that a total of 899 complaints 
were recorded in the year 2002-2003 (from July to July), of 
which 753 were complaints against police employees while 146 
involved members of the public who allegedly worked in 
concert with police employees.  The most prevalent complaint, 
amounting to 328 allegations, related to treatment of staff 
within the organization.  A further 151 complaints alleged 
corruption and 16 bribery.  Only 38 allegations relating to 
"police behavior" were recorded.  A total of 618 police 
employees had some kind of action taken against them 
following an investigation.  By far, the most common 
punishment was a verbal warning -- 582 were given.  Following 
that, 16 formal warnings were issued, 8 "adverse comments" 
were added to personnel files, 5 employees were demoted, 4 
were withheld from promotion, 2 were dismissed and 1 was 
suspended.  135 cases remain pending. 
 
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Two Examples of Alleged Abuses 
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8. (SBU) PolOff asked Silwal whether the Human Rights Cell 
had initiated an investigation into the alleged beating of a 
"Drishti" newspaper reporter on February 1.  (Note. 
According to the press, police officers entered the offices 
of the weekly publication and beat the journalist with 
batons.  End Note.)  Silwal was aware of this incident, but 
said that the Kathmandu Valley DIG had refuted the 
allegations.  No investigation has been initiated into the 
incident because the alleged victim never filed a formal 
complaint with the Nepal Police, he added.  Although the 
Human Rights Cell can initiate an investigation without a 
formal complaint, lack of sufficient manpower prevents it 
from doing so.  Silwal also excused the incident because it 
occurred during civil disturbances created by months-long 
student protests.  He implied that the police have different 
rules of engagement during civil disorder and are not held 
accountable for civilian injury during the protests. 
 
9. (SBU) In another case at the end of January, roughly 17 
police, led by an Inspector, allegedly entered Bir Hospital 
in an attempt to chase student protesters, disrupted hospital 
services and harassed doctors and nurses.  Subsequently, the 
hospital filed a complaint with the Home Ministry.  Silwal 
noted that the Home Ministry is conducting its own 
investigation into the incident because it is "high-profile." 
 The ongoing police investigation into the incident, however, 
will determine individual responsibility and will punish the 
appropriate personnel involved, he said. 
 
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Comment 
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10. (SBU) The capacity of the Human Rights Cell will continue 
to be inadequate to handle allegations of serious human 
rights abuses until the Nepal Police adopt clear policy 
guidelines on when and how to investigate these allegations. 
Although the Inspectorate and the Human Rights Cell are 
empowered to investigate and punish police personnel for 
misbehavior, the organizational culture seems to tolerate a 
certain level of abuse of power.  To change this culture will 
require years of sensitization training and successful 
prosecutions by the Human Rights Cell.  End Comment. 
MALINOWSKI