Identifier
Created
Classification
Origin
09KATHMANDU887
2009-09-24 10:35:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kathmandu
Cable title:
NEPAL: COURT ORDERS MILITARY ACTION IN SURUWAL CASE
how-toVZCZCXRO3240 PP RUEHCI DE RUEHKT #0887 2671035 ZNR UUUUU ZZH P 241035Z SEP 09 FM AMEMBASSY KATHMANDU TO RUEHC/SECSTATE WASHDC PRIORITY 0801 INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 7144 RUEHLM/AMEMBASSY COLOMBO PRIORITY 7465 RUEHKA/AMEMBASSY DHAKA PRIORITY 2801 RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 5506 RUEHLO/AMEMBASSY LONDON PRIORITY 6627 RUEHNE/AMEMBASSY NEW DELHI PRIORITY 3253 RUEHCI/AMCONSUL KOLKATA PRIORITY 4778 RUEHGV/USMISSION GENEVA PRIORITY 2424 RUCNDT/USMISSION USUN NEW YORK PRIORITY 3675 RUEKJCS/SECDEF WASHDC PRIORITY RHMFIUU/CDR USPACOM HONOLULU HI PRIORITY RUEAIIA/CIA WASHDC PRIORITY RHEHNSC/NSC WASHDC PRIORITY RHEFDIA/DIA WASHDC PRIORITY
UNCLAS KATHMANDU 000887
SIPDIS
SENSITIVE
E.O. 12958: N/A
TAGS: PGOV PHUM KDEM NP
SUBJECT: NEPAL: COURT ORDERS MILITARY ACTION IN SURUWAL CASE
REF: A. 06 KATHMANDU 1117
B. 05 KATHMANDU 0665 AND PREVIOUS
UNCLAS KATHMANDU 000887
SIPDIS
SENSITIVE
E.O. 12958: N/A
TAGS: PGOV PHUM KDEM NP
SUBJECT: NEPAL: COURT ORDERS MILITARY ACTION IN SURUWAL CASE
REF: A. 06 KATHMANDU 1117
B. 05 KATHMANDU 0665 AND PREVIOUS
1. (U) In a surprising and positive development, the District
Court in Kavre ordered the military to take action in one of
Nepal's highest-profile human rights cases, the 2005 murder
of 15-year-old Maina Suruwal. The Court ordered the Nepal
Army Adjutant General to suspend Major Niranjan Basnet, the
only one of the four accused remaining in the army (the three
others have retired). The Court further ordered the Adjutant
General to send statements of 13 military witnesses. (Note:
The Nepal Army claims it has already investigated and
punished those involved in the Suruwal killing, although the
Office of the High Commissioner for Human Rights (OHCHR) and
others believe the investigation was not thorough and
punishment very light. End note.)
2. (SBU) OHCHR's Fredrick Rawski told P/E Chief September 22
that the Kavre Court's decision was "very important." It
established very specific benchmarks for the Nepal Army,
putting to test new Chief of Army Staff Gurung's stated
commitment to promote human rights. Asked why the court took
such a courageous decision at this time, Rawski noted that a
new judge -- apparently older and not in good health -- had
recently taken over the case. One of the deficiencies in the
judgment, Rawski suggested, is the lack of timelines for
compliance.
3. (SBU) Comment: The District Court decision in this
important human rights case is an encouraging development.
Post will work with OHCHR, other diplomatic missions, and
Nepali civil society leaders to press the Army to comply with
the court ruling. The decision demonstrates that the Nepal
judiciary can act independently and forcefully, even taking
on a powerful institution like the Nepal Army. The decision
also puts new Chief of Army Staff Gurung on the spot, with
the international community, human rights advocates, and his
own officer corps carefully watching his next step. End
Comment.
MOON
SIPDIS
SENSITIVE
E.O. 12958: N/A
TAGS: PGOV PHUM KDEM NP
SUBJECT: NEPAL: COURT ORDERS MILITARY ACTION IN SURUWAL CASE
REF: A. 06 KATHMANDU 1117
B. 05 KATHMANDU 0665 AND PREVIOUS
1. (U) In a surprising and positive development, the District
Court in Kavre ordered the military to take action in one of
Nepal's highest-profile human rights cases, the 2005 murder
of 15-year-old Maina Suruwal. The Court ordered the Nepal
Army Adjutant General to suspend Major Niranjan Basnet, the
only one of the four accused remaining in the army (the three
others have retired). The Court further ordered the Adjutant
General to send statements of 13 military witnesses. (Note:
The Nepal Army claims it has already investigated and
punished those involved in the Suruwal killing, although the
Office of the High Commissioner for Human Rights (OHCHR) and
others believe the investigation was not thorough and
punishment very light. End note.)
2. (SBU) OHCHR's Fredrick Rawski told P/E Chief September 22
that the Kavre Court's decision was "very important." It
established very specific benchmarks for the Nepal Army,
putting to test new Chief of Army Staff Gurung's stated
commitment to promote human rights. Asked why the court took
such a courageous decision at this time, Rawski noted that a
new judge -- apparently older and not in good health -- had
recently taken over the case. One of the deficiencies in the
judgment, Rawski suggested, is the lack of timelines for
compliance.
3. (SBU) Comment: The District Court decision in this
important human rights case is an encouraging development.
Post will work with OHCHR, other diplomatic missions, and
Nepali civil society leaders to press the Army to comply with
the court ruling. The decision demonstrates that the Nepal
judiciary can act independently and forcefully, even taking
on a powerful institution like the Nepal Army. The decision
also puts new Chief of Army Staff Gurung on the spot, with
the international community, human rights advocates, and his
own officer corps carefully watching his next step. End
Comment.
MOON