US embassy cable - 05KATHMANDU1297

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 001297 
 
SIPDIS 
 
DEPT FOR SA/INS 
DEPT PLEASE PASS EU COLLECTIVE 
NSC FOR GREEN/DORMANDY 
LONDON FOR POL-BELL 
 
E.O. 12958: DECL: 06/15/2015 
TAGS: PGOV, PINS, PHUM, NP, Human Rights 
SUBJECT:  RECONSTITUTED NATIONAL HUMAN RIGHTS COMMISSION 
ALREADY AT WORK 
 
REF: A. KATHMANDU 1135 
 
     B. KATHMANDU 1294 
 
Classified By: Charge Elisabeth I. Millard, Reasons 1.4 (b/d) 
 
NHRC ACTIVE ... 
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1. (C) In a June 14 meeting with all five members of the 
newly reconstituted National Human Rights Commission (NHRC) 
(ref A), Chairman Khatri told CDA that he appreciated U.S. 
support.  He stated that the NHRC was continuing its 
protection and promotion work with greater vigor.  He added 
that the NHRC was independent and impartial and able to work 
without "interference from any side."  The NHRC had issued a 
press release June 13 calling for the release of political 
leaders and human rights defenders (2 remain in detention), 
appealing to HMGN to stop re-arrests of individuals ordered 
released by the Supreme Court, and seeking cooperation in two 
separate incidents where Maoists are alleged to be the 
perpetrators.  Chairman Khatri reported that the NHRC hoped 
to cooperate with the UN's Office of the High Commissioner 
for Human Rights in Nepal; the UN was sending a team from 
Geneva June 26-July 2 to study the latest developments in 
Nepal, including the reconstituted NHRC. 
 
...INVESTIGATING COMPLAINTS, 
---------------------------- 
 
2. (C) The NHRC continues to investigate possible human 
rights violations.  Sudip Pathak, human rights activist and 
newly appointed Commission member, said he had led a team to 
Chitwan District to investigate the June 6 incident when the 
Maoists blew up a bus killing 39 passengers.  After talking 
with numerous civil society organizations, the victims' 
families, the injured, the Royal Nepalese Army (RNA), and 
having indirect contact with the Maoist side, Pathak said he 
expected to be able to issue the NHRC's report soon.  In 
addition, a priority of the new NHRC is to follow up with His 
Majesty's Government of Nepal (HMGN) to monitor its 
implementation of past NHRC recommendations.  In particular 
the NHRC will look at 30 recent cases where the NHRC has 
recommended that HMGN take action against the perpetrators 
and provide compensation to victims. 
 
3. (C) The NHRC receives walk-in complaints, which it then 
investigates.  Kedar Prasad Poudyel, Acting Secretary of 
NHRC, explained that the NHRC had worked with the Royal 
Corruption Control Commission (RCCC) which is headquartered 
in an adjacent wing, to ensure that the main gate remains 
open and access is free to anybody who wants to approach the 
NHRC.  (The RCCC moved its security personnel inside its 
front doors.) 
 
... AND VISITING DETAINEES 
-------------------------- 
 
4. (C) The NHRC stated that security services provided good 
access to places of detention and Commission members and 
staff had continued to visit people in detention, including 
the journalists arrested on June 13 (ref B).  Commissioner 
Gokul Pokharel reported that the NHRC had found the eight 
journalists they saw in good condition.  (Note.  On June 14 
HMGN released all 48 journalists arrested June 13 for 
protesting in a restricted area in Kathmandu.  The 
journalists detained outside Kathmandu were released within 
hours of their arrest.  End Note.)  The members said that 
they were not having any problems with access to places of 
detention, nor did they have to give prior notice.  They 
added that they had visited RNA barracks and police barracks 
as well as other places of detention.  The NHRC planned a 
June 15 meeting with senior RNA officers to discuss emerging 
issues, most importantly, a list of disappeareds.  Sudip 
Pathak said the NHRC had visited detained human rights 
activist Krishna Pahadi two weeks ago.  (Note:  NHRC reported 
that only 1 other human rights worker (from HURON) remained 
in detention.  End Note.) 
 
COMMENT 
------- 
 
5. (C)  This was the first time the Embassy had been able to 
meet with all five Commissioners at one time, a positive sign 
that the newly reconstituted team might prove more functional 
than its predecessor.  Noting concerns among some in the 
international community about the selection process, the 
Charge stressed that the U.S. would watch the NHRC's 
performance and judge the NHRC on that basis.  The 
Commissioners welcomed that announcement and indicated they 
were eager to perform their service to society.  "We did not 
seek this appointment, but now that we have it we will do our 
best." 
MILLARD