US embassy cable - 02KATHMANDU425

UNCLAS SECTION 01 OF 02 KATHMANDU 000425 
 
SIPDIS 
 
SENSITIVE 
 
GENEVA FOR RMA 
ROME FOR USMISSION 
LONDON FOR POL/RIEDEL 
 
E.O. 12958: N/A 
TAGS: PHUM, PREF, PREL, NP, Bhutanese Refugees 
SUBJECT: BHUTANESE REFUGEE ACTIVIST DENIED BAIL BY SUPREME 
COURT 
 
 
1. Summary.  Nepal's Supreme Court has denied bail to 
prominent Bhutanese refugee and human rights activist S.K. 
Pradhan on the grounds that he is not a Nepali citizen, 
affirming the decisions of two lower courts.  Named in a 
complaint filed by a member of a rival refugee group, 
Pradhan has been detained for more than five months 
awaiting trial for the charge of conspiracy to murder. 
Pradhan remains in good health and has been well treated, 
he told Emboff by telephone on two occasions.  Post will 
continue to urge Nepali officials to ensure that Pradhan 
receives a fair and speedy trial.  End Summary. 
 
Bail Denied After Blanket Complaint 
----------------------------------- 
 
2. (SBU) Nepal's Supreme Court February 20 affirmed the 
decision of a lower court that authorities could continue 
to deny bail to prominent Bhutanese refugee and human 
rights activist S.K. Pradhan.  Pradhan, Secretary General 
of the People's Forum for Human Rights and Development 
(PFHRD), is being detained along with ten other suspects 
pending an investigation into the September 9, 2001 murder 
of R.K. Budathoki, the leader of a competing refugee 
interest group, the Bhutan People's Party (BPP).  [Note: 
Pradhan returned to Nepal September 5 after attending the 
World Conference Against Racism in Durban, South Africa. 
He was in Kathmandu at the time of Budathoki's murder. 
End Note.]  A complaint filed by one of Budathoki's 
associates named a total of 43 individuals as parties to a 
conspiracy to commit murder.  Eleven have been taken into 
custody, and warrants remain outstanding for the other 
thirty-two. 
 
All the Way to the Supreme Court 
-------------------------------- 
 
3. (SBU) The District Court for Jhapa in eastern Nepal 
ruled October 16, 2001 that because Pradhan is not a 
citizen of Nepal, under the law he is ineligible for bail. 
[Note:  Nepal's criminal code makes no provision for bail 
for non-citizens.]  The Appellate Court in Ilam upheld the 
Jhapa court's decision January 18, and the Supreme Court 
affirmed February 20.  Pradhan was arrested September 19, 
2001, and thus has now been held in detention without 
trial for over five months.  Nepal's criminal law does not 
limit the time a defendant can be held in detention 
awaiting trial.  A local attorney who argues cases before 
Nepal's Supreme Court told us that the courts could take 
years to reach a verdict in Pradhan's case. 
 
Jailers: Speak Nepali, Please 
----------------------------- 
 
4. (SBU) Emboff has spoken twice with Pradhan by telephone 
from his jail cell in Jhapa, on November 19, 2001 and 
again on February 25.  Speaking in the presence of court 
officers - who object when Pradhan lapses into English - 
on both occasions Pradhan stated that he has been well 
treated by his jailers and is in good health.  Pradhan 
also maintained his innocence, adding that he hoped 
justice would prevail, and asked for U.S. Government 
assistance to help secure his release.  Post maintains 
regular contact with Pradhan's family, who continue to 
lobby for his release from detention. 
 
Comment: Prisoner of Languor? 
----------------------------- 
 
5. (SBU) The judiciary's reticence to grant bail 
apparently squares with the law, but means that Pradhan 
could remain in detention for months, if not years.  So 
far, Pradhan's lawyers have concentrated on securing his 
release on bail, and not on dismissing the blanket 
complaint.  With appeals on the bail case exhausted, they 
will now turn their attention to answering the charges in 
court.  Post will continue to urge Nepali officials to 
ensure that Pradhan is given a fair and speedy trial. 
 
MALINOWSKI