US embassy cable - 04KATHMANDU817

UNCLAS SECTION 01 OF 02 KATHMANDU 000817 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR SA/INS AND DRL 
LONDON FOR POL - GURNEY 
NSC FOR MILLARD 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, MOPS, NP, Human Rights 
SUBJECT: NEPAL:  ARMY HUMAN RIGHTS CELL AGREES TO REOPEN 
CONTROVERSIAL CASE 
 
REF: A. KATHMANDU 500 
 
     B. KATHMANDU 591 
 
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SUMMARY 
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1.  (SBU) Summary:  In an April 15 letter signed by the Chief 
of Army Staff, the Royal Nepal Army's (RNA) initial response 
to Embassy inquiries on the alleged extrajudicial killings of 
two teenaged girls and the alleged abduction of a third girl 
(Ref A) asserted that all three were shot while trying to 
escape.  The RNA's findings, at least as described in the 
letter, did not address conflicting reports, purportedly 
gathered from eyewitnesses and local residents by a human 
rights organization, raised in the Embassy's March 3 inquiry. 
  Upon being pressed for details of the RNA inquiry and being 
shown photographs of the corpses, which bore wounds that may 
be inconsistent with the RNA's account, a representative from 
the RNA's human rights cell agreed to refer the case to the 
Judge Advocate General for further review.  The RNA's 
initial, obviously cursory response to this troubling case 
reflects at best a lack of diligence and at worst a lack of 
seriousness in pursuing allegations of human rights abuses. 
End summary. 
 
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CARNAGE IN KAVRE 
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2.  (SBU)  On March 3 then-Ambassador Malinowski 
hand-delivered a letter to Royal Nepal Army (RNA) Chief of 
Army Staff (COAS) Gen. Pyar Jung Thapa asking for infomation 
on the alleged extra-judicial killings by RNA soldiers of two 
teenaged girls, one of whom may have been raped, in Kavre 
District on February 13 and the alleged detention/abduction 
of a 14-year-old girl, also of Kavre, on February 17 (Ref A). 
 The letter related an account, purportedly drawn from 
witnesses and local residents, given to the Embassy by 
Advocacy Forum, a local human rights organization.  The NGO 
had sent a representative to the site, who had returned with 
graphic photographs of the two girls' corpses.  The 
photographs were not included with the letter to COAS Thapa, 
and the RNA likely did not know of the existence of the 
photographs.  The girls' home villages are heavily affected 
by Maoist activities, the NGO representative readily 
acknowledged, adding that one of the two dead girls was 
likely affiliated in some way with the insurgents. 
 
3.  (SBU)  On April 16 poloff called the RNA's human rights 
cell to ask about the status of the case.  Later that same 
afternoon, the Ambassador received a letter signed by COAS 
Thapa and dated the previous day that enclosed the results of 
the RNA's inquiry.  The report, signed by Chief Operation 
Officer Victor Rana, asserted that both girls were suspected 
Maoists who were shot while trying to escape.  In the case of 
18-year-old Reena Rasaili, who, according to her relatives' 
account, was held in a cowshed for five hours by RNA soldiers 
and possibly sexually assaulted before being shot, the report 
stated that "she attempted to escape despite repeated warning 
from the security forces.  Consequently, security forces 
fired 2 rounds as a result of which she died 50-60 meters 
away from her home."  With respect to the relatives' charges 
that her clothing had been removed when they found her body, 
the report replied, "Her clothes were torn when the security 
forces tried to apprehend her while trying to escape and no 
evidences of security forces beating her was found. . . the 
accusation that Reena Rasaili was kept in a cowshed for 5 
hours and beaten is totally false."  The report said that the 
RNA recovered one socket bomb from Reena's home and one 
pistol, five rounds of ammunition, a mobile phone and "Maoist 
documents" from the home of Subhadra Chaulagain, the second 
girl. 
 
4.  (SBU)  With respect to 14-year-old Maina Sunwar, who, 
according to her father, on February 17 was taken away by RNA 
troops who had come to her home looking for her mother, the 
report claimed that a Maoist informant had identified the 
adolescent girl as an "area commander" who "played a 
significant role to exhort (sic) money and kidnap innocent 
people."  As the RNA soldiers were transporting Maina to 
Panchkhal Base Camp, according to the report, the girl 
suddenly jumped from the vehicle and tried to run away.  "The 
security forces opened fire at her and she was killed 
instantly.  The local police carried out post mortem and 
fulfilled all the legal procedure," the report concluded. 
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SOME APPARENT INCONSISTENCIES 
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5.  (SBU) In an April 26 meeting with Colonel Narendra Aryal 
of the RNA's human rights cell, poloff showed several 
photographs of the corpses of Reena Rasaili and Subhadra 
Chaulagain, pointing out wounds that suggest some 
inconsistencies with the RNA's account.  (Note:  Reena 
Rasaili appears to have been shot in the eye.  End note.) 
She added that, according to the account offered by Reena's 
relatives, her clothes were not "torn," as alleged in the 
report, but that her skirt and undergarments had been removed 
completely when her body was found.  She also asked for a 
copy of the post mortem report on Maina Sunwar, whose parents 
had not been aware of her death.  Col. Aryal said that he did 
not know how Col. Rana had reached the conclusions in his 
report, whom he might have interviewed in the course of his 
research, or if he had visited the site of the killings.  He 
asked for copies of the photographs and said he would refer 
the cases to the Office of the Judge Advocate General.  On 
April 28 the Defense Attache approached RNA Chief of General 
Staff Lt. Gen. Sudip Shah and asked him to review the RNA's 
findings.  Lt. Gen. Shah agreed and stated that he would 
ensure the case was reviewed.  Shah asked the DATT to forward 
directly to him the information provided by the RNA, as well 
as a list of follow-up questions. 
 
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COMMENT 
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6.  (SBU)  The brief lapse of time between PolOff's request 
about the status of the case and the COAS' reply to the 
Ambassador, coupled with some of the incredible assertions 
contained in the report, make it clear that the RNA did not 
carry out a full-fledged legal investigation into these 
events.   The RNA's obviously cursory response reflects at 
best a lack of diligence and at worst a lack of seriousness 
regarding its human rights obligations.  The Embassy and DATT 
will continue to press for further details and encourage a 
full investigation. 
BOGUE