NEPAL: ARMY HUMAN RIGHTS CELL AGREES TO REOPEN

UNCLAS SECTION 01 OF 02 KATHMANDU 000817

SIPDIS

SENSITIVE

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

E.O. 12958: N/A
TAGS: PHUM PGOV MOPS NP
SUBJECT: NEPAL: ARMY HUMAN RIGHTS CELL AGREES TO REOPEN
CONTROVERSIAL CASE

REF: A. KATHMANDU 500


B. KATHMANDU 591

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SUMMARY
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1. (SBU) Summary: In an April 15 letter signed by the Chief
of Army Staff, the Royal Nepal Army's (RNA) initial response
to Embassy inquiries on the alleged extrajudicial killings of
two teenaged girls and the alleged abduction of a third girl
(Ref A) asserted that all three were shot while trying to
escape. The RNA's findings, at least as described in the
letter, did not address conflicting reports, purportedly
gathered from eyewitnesses and local residents by a human
rights organization, raised in the Embassy's March 3 inquiry.
Upon being pressed for details of the RNA inquiry and being
shown photographs of the corpses, which bore wounds that may
be inconsistent with the RNA's account, a representative from
the RNA's human rights cell agreed to refer the case to the
Judge Advocate General for further review. The RNA's
initial, obviously cursory response to this troubling case
reflects at best a lack of diligence and at worst a lack of
seriousness in pursuing allegations of human rights abuses.
End summary.

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CARNAGE IN KAVRE
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2. (SBU) On March 3 then-Ambassador Malinowski
hand-delivered a letter to Royal Nepal Army (RNA) Chief of
Army Staff (COAS) Gen. Pyar Jung Thapa asking for infomation
on the alleged extra-judicial killings by RNA soldiers of two
teenaged girls, one of whom may have been raped, in Kavre
District on February 13 and the alleged detention/abduction
of a 14-year-old girl, also of Kavre, on February 17 (Ref A).
The letter related an account, purportedly drawn from
witnesses and local residents, given to the Embassy by
Advocacy Forum, a local human rights organization. The NGO
had sent a representative to the site, who had returned with
graphic photographs of the two girls' corpses. The
photographs were not included with the letter to COAS Thapa,
and the RNA likely did not know of the existence of the
photographs. The girls' home villages are heavily affected
by Maoist activities, the NGO representative readily
acknowledged, adding that one of the two dead girls was
likely affiliated in some way with the insurgents.


3. (SBU) On April 16 poloff called the RNA's human rights
cell to ask about the status of the case. Later that same
afternoon, the Ambassador received a letter signed by COAS
Thapa and dated the previous day that enclosed the results of
the RNA's inquiry. The report, signed by Chief Operation
Officer Victor Rana, asserted that both girls were suspected
Maoists who were shot while trying to escape. In the case of
18-year-old Reena Rasaili, who, according to her relatives'
account, was held in a cowshed for five hours by RNA soldiers
and possibly sexually assaulted before being shot, the report
stated that "she attempted to escape despite repeated warning
from the security forces. Consequently, security forces
fired 2 rounds as a result of which she died 50-60 meters
away from her home." With respect to the relatives' charges
that her clothing had been removed when they found her body,
the report replied, "Her clothes were torn when the security
forces tried to apprehend her while trying to escape and no
evidences of security forces beating her was found. . . the
accusation that Reena Rasaili was kept in a cowshed for 5
hours and beaten is totally false." The report said that the
RNA recovered one socket bomb from Reena's home and one
pistol, five rounds of ammunition, a mobile phone and "Maoist
documents" from the home of Subhadra Chaulagain, the second
girl.


4. (SBU) With respect to 14-year-old Maina Sunwar, who,
according to her father, on February 17 was taken away by RNA
troops who had come to her home looking for her mother, the
report claimed that a Maoist informant had identified the
adolescent girl as an "area commander" who "played a
significant role to exhort (sic) money and kidnap innocent
people." As the RNA soldiers were transporting Maina to
Panchkhal Base Camp, according to the report, the girl
suddenly jumped from the vehicle and tried to run away. "The
security forces opened fire at her and she was killed
instantly. The local police carried out post mortem and
fulfilled all the legal procedure," the report concluded.
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SOME APPARENT INCONSISTENCIES
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5. (SBU) In an April 26 meeting with Colonel Narendra Aryal
of the RNA's human rights cell, poloff showed several
photographs of the corpses of Reena Rasaili and Subhadra
Chaulagain, pointing out wounds that suggest some
inconsistencies with the RNA's account. (Note: Reena
Rasaili appears to have been shot in the eye. End note.)
She added that, according to the account offered by Reena's
relatives, her clothes were not "torn," as alleged in the
report, but that her skirt and undergarments had been removed
completely when her body was found. She also asked for a
copy of the post mortem report on Maina Sunwar, whose parents
had not been aware of her death. Col. Aryal said that he did
not know how Col. Rana had reached the conclusions in his
report, whom he might have interviewed in the course of his
research, or if he had visited the site of the killings. He
asked for copies of the photographs and said he would refer
the cases to the Office of the Judge Advocate General. On
April 28 the Defense Attache approached RNA Chief of General
Staff Lt. Gen. Sudip Shah and asked him to review the RNA's
findings. Lt. Gen. Shah agreed and stated that he would
ensure the case was reviewed. Shah asked the DATT to forward
directly to him the information provided by the RNA, as well
as a list of follow-up questions.

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COMMENT
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6. (SBU) The brief lapse of time between PolOff's request
about the status of the case and the COAS' reply to the
Ambassador, coupled with some of the incredible assertions
contained in the report, make it clear that the RNA did not
carry out a full-fledged legal investigation into these
events. The RNA's obviously cursory response reflects at
best a lack of diligence and at worst a lack of seriousness
regarding its human rights obligations. The Embassy and DATT
will continue to press for further details and encourage a
full investigation.
BOGUE