Identifier
Created
Classification
Origin
09KATHMANDU1135
2009-12-14 11:50:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:
NEPAL: UNPKO OFFICER REPATRIATED AND DETAINED
how-toVZCZCXRO5224 PP RUEHCI DE RUEHKT #1135 3481150 ZNY CCCCC ZZH P 141150Z DEC 09 FM AMEMBASSY KATHMANDU TO RUEHC/SECSTATE WASHDC PRIORITY 1154 INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 7233 RUEHLM/AMEMBASSY COLOMBO PRIORITY 7577 RUEHKA/AMEMBASSY DHAKA PRIORITY 2918 RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 5615 RUEHLO/AMEMBASSY LONDON PRIORITY 6714 RUEHNE/AMEMBASSY NEW DELHI PRIORITY 3383 RUEHCI/AMCONSUL KOLKATA PRIORITY 4872 RUEHGV/USMISSION GENEVA PRIORITY 2487 RUCNDT/USMISSION USUN NEW YORK PRIORITY 3762 RUEKJCS/SECDEF WASHDC PRIORITY RHMFISS/CDR USPACOM HONOLULU HI PRIORITY RUEAIIA/CIA WASHDC PRIORITY RHEHNSC/NSC WASHDC PRIORITY RHEFDIA/DIA WASHDC PRIORITY
C O N F I D E N T I A L KATHMANDU 001135
SENSITIVE
SIPDIS
E.O. 12958: DECL: 09/15/2019
TAGS: PGOV PHUM NP
SUBJECT: NEPAL: UNPKO OFFICER REPATRIATED AND DETAINED
REF: A. KATHMANDU 1109
B. KATHMANDU 887
Classified By: Charge d' Affaires, a.i., Randy W. Berry. Reasons 1.4 (b
/d).
C O N F I D E N T I A L KATHMANDU 001135
SENSITIVE
SIPDIS
E.O. 12958: DECL: 09/15/2019
TAGS: PGOV PHUM NP
SUBJECT: NEPAL: UNPKO OFFICER REPATRIATED AND DETAINED
REF: A. KATHMANDU 1109
B. KATHMANDU 887
Classified By: Charge d' Affaires, a.i., Randy W. Berry. Reasons 1.4 (b
/d).
1. (SBU) Nepal Army (NA) Major Niranjan Basnet, who had been
deployed to Chad on a UN peacekeeping mission, has been
repatriated to Nepal following intervention by the UN Office
of the High Commissioner for Human Rights (OHCHR) and the
Department of Peacekeeping Operations (DPKO). Basnet is one
of the four accused in the alleged 2004 torture and death of
15-year old Maina Sunuwar, whose high-profile case has become
emblematic in Nepal's human rights community. In a
politically courageous move, Prime Minister Madhav Nepal
ordered the Home Minister to detain Basnet and hand him over
to the Nepal Police (NP) for investigation. In 2008, a Nepali
civilian court ordered Basnet's arrest and in September 2009,
the Kavre District Court ordered Basnet suspended. Basnet was
forcibly returned to Nepal on December 12 and was immediately
placed in the custody of the NA upon arrival at Kathmandu
international airport. According to the NA, he is being held
at the main barracks under the authority of the military
police and no action will be taken until the Chief of Army
Staff (COAS),General Gurung, returns from a state visit to
India on December 19.
2. (C) OHCHR's Fred Rawski described Basnet's repatriation
and detention as "a very significant event," and added the
Home Minister, the Police, and the Army were all against it.
Despite the PM's order and the civilian court's standing
arrest warrant, the NA has shown no willingness to hand
Basnet over to the NP for investigation yet. "The Nepal Army
is digging in its heels rather than relieving themselves of a
very burdensome case," Rawski told PolOff. Given the
entrenchment by the NA and a souring of relations between
OHCHR and the NA's Human Rights Directorate, OHCHR is
considering asking DPKO to send a formal letter of reprimand
to the NA for sending an indicted army officer, accused of
grave human rights offenses, on a UN peacekeeping mission.
3. (C) Comment: With domestic and international pressure
mounting on the NA to hand Basnet over to the police, it will
be a difficult week for the army. However, with the scheduled
departure this afternoon of the PM to Copenhagen, internal
political pressure may ease a bit. Unlike one of the other
accused who reportedly had strong ties with the former COAS,
Basnet is of a much lower rank and lacks the political
connections to protect himself from prosecution. With Acting
COAS Toran Singh in charge, little is likely to progress
until General Gurung returns from Delhi and takes up the case.
BERRY
SENSITIVE
SIPDIS
E.O. 12958: DECL: 09/15/2019
TAGS: PGOV PHUM NP
SUBJECT: NEPAL: UNPKO OFFICER REPATRIATED AND DETAINED
REF: A. KATHMANDU 1109
B. KATHMANDU 887
Classified By: Charge d' Affaires, a.i., Randy W. Berry. Reasons 1.4 (b
/d).
1. (SBU) Nepal Army (NA) Major Niranjan Basnet, who had been
deployed to Chad on a UN peacekeeping mission, has been
repatriated to Nepal following intervention by the UN Office
of the High Commissioner for Human Rights (OHCHR) and the
Department of Peacekeeping Operations (DPKO). Basnet is one
of the four accused in the alleged 2004 torture and death of
15-year old Maina Sunuwar, whose high-profile case has become
emblematic in Nepal's human rights community. In a
politically courageous move, Prime Minister Madhav Nepal
ordered the Home Minister to detain Basnet and hand him over
to the Nepal Police (NP) for investigation. In 2008, a Nepali
civilian court ordered Basnet's arrest and in September 2009,
the Kavre District Court ordered Basnet suspended. Basnet was
forcibly returned to Nepal on December 12 and was immediately
placed in the custody of the NA upon arrival at Kathmandu
international airport. According to the NA, he is being held
at the main barracks under the authority of the military
police and no action will be taken until the Chief of Army
Staff (COAS),General Gurung, returns from a state visit to
India on December 19.
2. (C) OHCHR's Fred Rawski described Basnet's repatriation
and detention as "a very significant event," and added the
Home Minister, the Police, and the Army were all against it.
Despite the PM's order and the civilian court's standing
arrest warrant, the NA has shown no willingness to hand
Basnet over to the NP for investigation yet. "The Nepal Army
is digging in its heels rather than relieving themselves of a
very burdensome case," Rawski told PolOff. Given the
entrenchment by the NA and a souring of relations between
OHCHR and the NA's Human Rights Directorate, OHCHR is
considering asking DPKO to send a formal letter of reprimand
to the NA for sending an indicted army officer, accused of
grave human rights offenses, on a UN peacekeeping mission.
3. (C) Comment: With domestic and international pressure
mounting on the NA to hand Basnet over to the police, it will
be a difficult week for the army. However, with the scheduled
departure this afternoon of the PM to Copenhagen, internal
political pressure may ease a bit. Unlike one of the other
accused who reportedly had strong ties with the former COAS,
Basnet is of a much lower rank and lacks the political
connections to protect himself from prosecution. With Acting
COAS Toran Singh in charge, little is likely to progress
until General Gurung returns from Delhi and takes up the case.
BERRY