NEPAL: ICRC LAMENTS POST-CEASEFIRE DROP IN ACCESS

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 002164

SIPDIS

STATE FOR SA/INS
LONDON FOR POL - GURNEY
NSC FOR MILLARD

E.O. 12958: DECL: 10/30/2013
TAGS: PHUM MOPS PGOV PTER NP
SUBJECT: NEPAL: ICRC LAMENTS POST-CEASEFIRE DROP IN ACCESS
TO ARMY DETAINEES


Classified By: CDA ROBERT K. BOGGS. REASON: 1.5(B,D).

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SUMMARY
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(C) SUMMARY: The Royal Nepal Army (RNA) has not allowed
representatives of the International Committee of the Red
Cross (ICRC) access to detainees in military custody since
the end of the ceasefire on August 27. Access to detainees
in police custody, however, has improved dramatically over
the past year, according to ICRC Head Delegate Pascal
Mauchle. Mauchle believes publicly pressuring the RNA would
prove counterproductive, but asked for Embassy support in
raising the issue in an informal, low-key manner with the RNA
leadership. The ICRC has had only limited success in
visiting detainees in Maoist custody, and has made no visits
since the end of the ceasefire. End summary.

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RNA RETRENCHES ON PRISONER ACCESS
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2. (C) In an October 23 meeting, International Committee of
the Red Cross (ICRC) Head Delegate Pascal Mauchle told poloff
that the Royal Nepal Army (RNA) has not allowed his
organization access to detainees held in military custody
since the end of the ceasefire on August 27. Mauchle said
the apparent policy change is particularly disheartening
because the RNA, after more than a year of refusing such
requests, had allowed the ICRC to make nearly 40 visits to
military detention facilities during the January 29-August 27
ceasefire. The RNA has not officially reversed its policy,
Mauchle said, but no ICRC request for access has been granted
since the resumption of hostilities.


3. (C) Mauchle said he has raised the matter with the
Director of Military Operations, the Director of Military
Intelligence, and even Chief of Army Staff Gen. Pyar Jung
Thapa. According to Mauchle, Thapa assured him that the
previous policy of allowing ICRC access remains unchanged and
that the RNA is fully committed to respecting human rights.
He promised to provide ICRC with a list of prisoners in
military custody. (So far, however, the list has not
materialized.) When Mauchle asked if Thapa would contact his
divisional and brigade commanders to authorize access, Thapa
somewhat disingenuously suggested that Mauchle contact them
himself directly.


4. (C) Mauchle regards the apparent policy reversal as
disappointing--especially given the progress made during the
ceasefire--but remains generally optimistic that the RNA's
attitude toward his organization is slowly improving. He
believes public and/or heavyhanded pressure on the RNA to
allow access would only prove counterproductive, putting the
Army leadership on the defensive and possibly hardening
existing misperceptions and suspicions of ICRC motives and
mandate. Instead, he asked that the Embassy raise the matter
informally with the RNA.

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PROGRESS WITH POLICE
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5. (SBU) On a more positive note, Mauchle reported that the
ICRC continues to have excellent access to detainees in
police custody, both at police stations and in jails. In
fact, he said he had been informed by the Home Ministry that
the ICRC no longer needs to prenotify the Ministry in order
to conduct a visit. During the seven-month ceasefire, the
ICRC made 57 visits to police stations and 78 to jails across
the country. Since the end of the ceasefire, the ICRC has
registered another 12 prisoners in police custody, including
two in Kathmandu. In all, combined with the 39 visits to
military detainees made during the ceasefire, the ICRC
registered 367 new detainees in 55 districts since January 1.


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MAOISTS MUTE
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6. (C) The ICRC has had far less success in obtaining access
to detainees held by the Maoists, Mauchle acknowledged. He
reported that an ICRC team was currently in the field in
Baglung District, attempting to make contact with a local
commander in order to obtain access to possible detainees.
On only a few occasions, including when the Maoists released
25 captive policemen into ICRC custody in October 2001, has
the ICRC had the opportunity to interview people detained by
the Maoists. In general, he believes the Maoists do not hold
captives for extended periods, partially because of a lack of
facilities to feed and house them. The assumption is that
prisoners are either killed or released.


7. (C) The ICRC had previously established good contacts
with members of the Maoist leadership, but has had no
communication with them since the end of the ceasefire.
Mauchle speculated that his previous contacts were no longer
in the country. Since the end of the ceasefire, Maoist
command and control appears to be much more decentralized, he
said, with far greater discretion and decision-making
authority being given to local commanders in the field. For
example, ICRC requests that formerly had to be referred to
members of the top leadership now appear to be decided at the
local level, he noted. While it is difficult at this point
to determine the reason for this apparent shift--one popular
theory is that the Maoist command structure is starting to
crumble--or to know how long it may last, Mauchle said, a
decentralized command within a mobile fighting force can only
increase the challenges the ICRC faces in obtaining access to
Maoist detainees.

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COMMENT
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8. (C) While the RNA's apparent reversal in its previous
policy is a disappointing step backward, we nonetheless agree
with Mauchle's assessment that military attitudes and
prejudices about the ICRC are slowly changing in the right
direction. We will seek an opportunity to reinforce with the
RNA the message that compliance with international human
rights standards--including allowing ICRC access to
detainess--can only help the RNA improve its public image and
its stature as a well-disciplined, professional fighting
force.


BOGGS