Identifier
Created
Classification
Origin
04KATHMANDU398
2004-03-04 00:34:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kathmandu
Cable title:  

OVERVIEW OF NEPAL POLICE HUMAN RIGHTS CELL

Tags:  PHUM PGOV SNAR KCRM NP 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 03 KATHMANDU 000398 

SIPDIS

SENSITIVE

DEPT FOR SA/INS, DRL

E.O. 12958: N/A
TAGS: PHUM PGOV SNAR KCRM NP
SUBJECT: OVERVIEW OF NEPAL POLICE HUMAN RIGHTS CELL

UNCLAS SECTION 01 OF 03 KATHMANDU 000398

SIPDIS

SENSITIVE

DEPT FOR SA/INS, DRL

E.O. 12958: N/A
TAGS: PHUM PGOV SNAR KCRM NP
SUBJECT: OVERVIEW OF NEPAL POLICE HUMAN RIGHTS CELL


1. (SBU) Summary. The Nepal Police Human Rights Cell was
established in January 2003 and is staffed with only three
investigators. However, organizational restructuring is
underway to expand the number of investigators to 19. The
cell is authorized to mete out minor punishments, such as
verbal warnings or deferred promotions, and can recommend
more serious punishments, such as suspension or termination,
for approval by the presiding Deputy Inspector General of
Police. A study by British aid agency DFID, in September
2003, identified significant management and policy
shortcomings that limit the capacity of the Human Rights Cell
to handle allegations of serious violations. Out of 753
complaints in one year, a total of 618 police personnel were
punished: 582 verbal warnings were given, 16 formal
warnings, 8 "adverse comments" were placed in personnel
files, 5 employees were demoted, 4 were withheld from
promotion, 2 were dismissed and 1 was suspended. End Summary.

-------------- --------------
Structure and Procedures of the Human Rights Cell
-------------- --------------


2. (SBU) On February 24, PolOff and RSO met with Deputy
Superintendent of Police Nawa Raj Silwal, head of the Nepal
Police Human Rights Cell. Silwal provided an overview of the
unit's structure and its procedures for handling alleged
human rights abuses by police personnel. The Human Rights
Cell was formed in January 2003 and works from within the
Police Inspectorate, which is headed by a Deputy Inspector
General (DIG). In addition to the Human Rights Cell, the
Inspectorate comprises a complaints/grievances investigation
section, a police authority abuse investigation section and a
human rights violation monitoring unit. There is significant
overlap of responsibilities among the sections.


3. (SBU) There are only 19 staff in all four units. The
Human Rights Cell itself has only three investigators --
inadequate to handle the number of complaints, Silwal said.
Complaints are received from three sources: the National
Human Rights Commission, the Home Ministry and the general
public. In the Kathmandu Valley, ballot-like boxes allow
citizens to submit written complaints regarding police
behavior. Outside the valley, each of the five Regional

Deputy Inspector Generals are responsible for receiving
complaints from the public, investigating these complaints,
and reporting to the Human Rights Cell the results of the
investigation. However, Silwal noted, local commanders have
shown little interest in disciplining their officers and many
times fail to respond to written requests from the Human
Rights Cell.


4. (SBU) According to Silwal, every complaint received is
investigated. The first step usually is to interview the
individual who filed the complaint as well as the police
official involved. In minor offenses, an informal resolution
amenable to both sides is sought. In more serious cases, the
Human Rights Cell must conduct a more thorough investigation,
including medical reports in the case of injury and witness
testimony. If the Human Rights Cell finds it probable that
the police official committed a criminal offense, he/she will
be dismissed from duty pending a full criminal investigation
and prosecution in the courts. For non-criminal offenses by
police below the rank of inspector, DSP Silwal is authorized
to discipline the offender with verbal or written warnings,
reduced pay, or delayed promotion. For offenders above the
rank of inspector or if the Human Rights Cell recommends
demotion, suspension, or termination, the DIG must make the
decision.


5. (SBU) The Human Rights Cell is undergoing organizational
restructuring with the assistance of the British development
agency DFID. The new cell will be comprised of three units:
a professional standards unit that will deal with cases of
police misconduct; a criminal investigation unit that will
respond to allegations of serious human rights abuse; and a
grievance handling unit that will manage internal grievances
of police personnel. The restructured Human Rights Cell will
be staffed with 20 investigators at the sub-inspector rank
and above as well as administrative assistants at the
constable and head constable rank. Silwal reported that he
has already begun to select appropriate candidates with a
high level of professional integrity and clean personnel
records to be investigators.

--------------
DFID Study Identifies Problems
--------------


6. (SBU) A study on the Human Rights Cell conducted in
September 2003 by DFID noted that one of the principal
problems in successful investigations into alleged abuses is
a reluctance by senior police staff elsewhere in the
organization, especially outside national headquarters, to
deal with correspondence from the Human Rights Cell. The
reports also identified as problems the absence of specific
guidelines on how a complaint or allegation should be dealt
with or what the appropriate punishment should be for a
particular abuse. Moreover, the Police Act of 1955, as
amended, identifies 30 criminal offenses by police personnel,
but only one of them relates to the treatment of a member of
the public, specifically "unjustly harassing any person
through arrogance or intimidation or causing loss or damage
to the property of any person." The other 29 offenses refer
to internal disciplinary matters, such as failure to obey
orders or to defend colleagues or police property.


7. (SBU) The DFID study found that a total of 899 complaints
were recorded in the year 2002-2003 (from July to July),of
which 753 were complaints against police employees while 146
involved members of the public who allegedly worked in
concert with police employees. The most prevalent complaint,
amounting to 328 allegations, related to treatment of staff
within the organization. A further 151 complaints alleged
corruption and 16 bribery. Only 38 allegations relating to
"police behavior" were recorded. A total of 618 police
employees had some kind of action taken against them
following an investigation. By far, the most common
punishment was a verbal warning -- 582 were given. Following
that, 16 formal warnings were issued, 8 "adverse comments"
were added to personnel files, 5 employees were demoted, 4
were withheld from promotion, 2 were dismissed and 1 was
suspended. 135 cases remain pending.

--------------
Two Examples of Alleged Abuses
--------------


8. (SBU) PolOff asked Silwal whether the Human Rights Cell
had initiated an investigation into the alleged beating of a
"Drishti" newspaper reporter on February 1. (Note.
According to the press, police officers entered the offices
of the weekly publication and beat the journalist with
batons. End Note.) Silwal was aware of this incident, but
said that the Kathmandu Valley DIG had refuted the
allegations. No investigation has been initiated into the
incident because the alleged victim never filed a formal
complaint with the Nepal Police, he added. Although the
Human Rights Cell can initiate an investigation without a
formal complaint, lack of sufficient manpower prevents it
from doing so. Silwal also excused the incident because it
occurred during civil disturbances created by months-long
student protests. He implied that the police have different
rules of engagement during civil disorder and are not held
accountable for civilian injury during the protests.


9. (SBU) In another case at the end of January, roughly 17
police, led by an Inspector, allegedly entered Bir Hospital
in an attempt to chase student protesters, disrupted hospital
services and harassed doctors and nurses. Subsequently, the
hospital filed a complaint with the Home Ministry. Silwal
noted that the Home Ministry is conducting its own
investigation into the incident because it is "high-profile."
The ongoing police investigation into the incident, however,
will determine individual responsibility and will punish the
appropriate personnel involved, he said.

--------------
Comment
--------------


10. (SBU) The capacity of the Human Rights Cell will continue
to be inadequate to handle allegations of serious human
rights abuses until the Nepal Police adopt clear policy
guidelines on when and how to investigate these allegations.
Although the Inspectorate and the Human Rights Cell are
empowered to investigate and punish police personnel for
misbehavior, the organizational culture seems to tolerate a
certain level of abuse of power. To change this culture will
require years of sensitization training and successful
prosecutions by the Human Rights Cell. End Comment.
MALINOWSKI