US embassy cable - 05KATHMANDU2151

UNCLAS KATHMANDU 002151 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR SA/INS 
LONDON FOR POL/BELL 
NSC FOR DORMANDY 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, PINS, NP, Human Rights 
SUBJECT: RNA FINDS OFFICERS GUILTY IN RELATION TO HUMAN 
RIGHTS ABUSES 
 
 
ARMY COURT TAKES ACTION AGAINST ARMY OFFICERS 
--------------------------------------------- 
 
1. (SBU) On September 27, the military court of the Royal 
Nepal Army (RNA) sentenced Colonel Bobby Khatri and 
Captains Sunil Adhikari and Amit Pun, the son of a senior 
RNA General, to six-month jail terms and temporary 
suspensions of promotion.  They were found guilty in 
relation to the killing of fifteen-year-old Maina Sunwar 
after severely torturing her.  She was abducted on 
February 17, 2004 by security forces in Kavre District, 
central Nepal.  The RNA has also ordered Colonel Khatri to 
pay the equivalent of USD 697 as compensation to the 
family of the victim, and the captains to pay the 
equivalent of USD 348 each.  Colonel Khatri is the highest 
army official ever to be convicted of human rights abuses. 
The officers are unlikely to serve any additional time in 
prison, as they had already been consigned to the army 
barracks during the six-month investigation. 
 
POSITIVE REACTION BY HUMAN RIGHTS ORGANIZATIONS 
--------------------------------------------- -- 
 
2. (SBU) Charan Prasai, President of the Human Rights 
Organization of Nepal (HURON), told EmbOff that the 
decision taken by the RNA to punish the perpetrators was 
important, but the question remained whether the 
punishment given to the army officers was justifiable or 
not, as the court martial was carried out behind closed 
doors.  Purushottam Dahal, President of the Human Rights 
and Peace Society, informed us that the legal action taken 
against the army officers was positive and appreciable. 
Kundan Aryal, General Secretary of the Informal Sector 
Service Center (INSEC), concurred with Parsai and Dahal 
and opined that the legal action taken against the 
perpetrators was definitely a positive development. 
 
MIXED MEDIA REACTION 
-------------------- 
 
3. (U) Newspapers front-paged the RNA court martial.  The 
Kathmandu Post, an English-language daily, quoted 
Washington-based Human Rights Watch calling the RNA court 
martial a "cosmetic gesture."  However, its editorial 
noted that the conviction "provides some hope for justice. 
The military court has taken the right move to punish 
them.  It also shows that the army court has, at least, 
felt the need for respecting human rights, which, in turn, 
may discourage the security personnel from committing 
further crimes."  The editorial expressed the view that, 
though the RNA is becoming more sensitive to human rights 
issues, there is still room for improvement. 
 
COMMENT 
------- 
 
4. (SBU) The military court's verdict to punish the army 
officers for human rights abuses may help to discourage 
security personnel from committing further extra-judicial 
killings.  It also signals that RNA solders, even those 
with connections to senior officers, do not have impunity. 
 
MORIARTY