NEPAL: UPDATE ON HUMAN RIGHTS CASES

UNCLAS KATHMANDU 000463

SIPDIS

SENSITIVE

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

E.O. 12958: N/A
TAGS: PHUM PGOV MOPS PTER NP
SUBJECT: NEPAL: UPDATE ON HUMAN RIGHTS CASES

REF: A. 03 KATHMANDU 1805

B. 03 KATHMANDU 2469

C. KATHMANDU 0063

D. KATHMANDU 0141


1. (U) Summary: On March 11 the Royal Nepal Army (RNA)
announced that an RNA major will face a court-martial in an
infamous case in which 19 suspected Maoists were allegedly
extra-judicially killed in Doramba, Ramechhap District on
August 17 (Ref A). In addition, a warrant officer and a
corporal have been sentenced to two years in prison and
discharged from the RNA for their roles in the extra-judicial
killings of three civilians in Khotang District on December 6
(Ref C). Another officer may face charges in the same case.
End summary.


2. (U) On March 11 Col. Dipak Gurung, Royal Nepal Army (RNA)
Spokesman, announced that the RNA had concluded its
investigation into the August 17 incident in Doramba,
Ramechhap, in which RNA soldiers allegedly summarily executed
19 suspected Maoists (Ref A). An RNA major who had been in
command of the company that day is facing a court-martial for
his involvement in the incident, Gurung confirmed.


3. (SBU) Colonel Gurung also confirmed that a decision had
been handed down in the courts-martial of RNA soldiers
involved in the extra-judicial killings of three civilians in
Diktel, Khotang District on December 6 (Ref C). An RNA
corporal and a warrant officer have both been sentenced to
two years in jail and will be discharged from the Army,
Gurung said. According to Gurung, the corporal, who was a
native of that locality, falsely accused the three civilians
of being Maoists because of a long-standing personal grudge
against them. The officer in charge of the platoon, ignoring
orders to conduct the search himself, sent his warrant
officer out to apprehend the three. The warrant officer
reportedly ordered the three shot. The corporal was
convicted of giving false information, and the warrant
officer of giving an unlawful order. The RNA has recommended
to the Cabinet that the officer face charges as well for
failing to obey the order to lead the platoon, Gurung added,
but the Cabinet has yet to act on that recommendation.


4. (SBU) Comment: The major in the Ramechhap incident is
the highest-ranking--indeed, the only--RNA officer who has
faced a court-martial for gross violations of human rights.
While we are heartened that the RNA, after reviewing the case
for six months, is taking action, much remains to be achieved
in improving military discipline and accountability.
MALINOWSKI