BHUTANESE REFUGEE ACTIVIST DENIED BAIL BY SUPREME

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
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
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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
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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
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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?
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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