LEAHY VETTING OF NEPALI UNDERGOING TRAINING IN THE

LEAHY VETTING OF NEPALI UNDERGOING TRAINING IN THE 
U.S. 
 Classified By: Ambassador James F. Moriarty, Reasons, 1.4 (b/d). 
 
1. (U) This is an action request, please see para. 7. 
 
Summary 
------- 
 
2. (C) Post recently determined that a Nepalese Army officer, 
who had undergone Leahy vetting (refs B-D) and who is 
currently in the U.S. for training, served - and continues to 
serve - in a unit alleged to have been involved in gross 
violations of human rights in late 2003.  Although the 
Mission and Washington conducted Leahy vetting for the 
officer in February - March 2006, subsequently, on May 26, 
2006 (ref A), the UN Office of the High Commissioner for 
Human Rights (OHCHR) released information alleging that two 
battalions of the 10th Brigade of the former Royal Nepalese 
Army (RNA) had been involved in disappearances of civilians 
in 2003.  By the time we received this information, the 
officer in question had begun his training in the U.S.  After 
receiving the OHCHR report, we reviewed our files and 
discovered that three other officers from the two concerned 
units had also received training in the U.S.  Embassy 
recommends that the USG immediately terminate the training of 
the Nepalese Army officer currently in the U.S. and return 
him to Nepal.  End Summary. 
 
Officer in Training in the U.S. 
------------------------------- 
 
3. (SBU) Captain Indiver Rana is attending the English 
Language Basic Instructor Course at Lackland Air Force Base, 
San Antonio, TX.  His training is funded by IMET and 
scheduled for May 24 to December 1, 2006.  He served at the 
Bhairabnath Battalion, Maharajgunj, Kathmandu during 
September-December 2003.  OHCHR reported on May 26, 2006 that 
during that time period two battalions of the 10th Brigade - 
the Bhairabnath Battalion and the Yuddha Bhairab Battalion - 
ill-treated 137 people, 49 of whom remain "disappeared." 
(Note: The 10th brigade is headquartered at Laxshmi Niwas in 
Maharajgunj, Kathmandu.  The Bhairabnath and Yuddha Bhairab 
Battalions were the two battalions stationed there during 
September-December 2003.  The Ranger Battalion, although a 
part of the 10th Brigade, is stationed elsewhere and is not 
alleged to have been involved in the human right violations. 
End Note.) 
 
Three Other Officers From Accused Units Received Training 
--------------------------------------------- ------------ 
 
4. (SBU) We have reviewed our files and also are seeking to 
obtain a list from the NA (in May 2006, the Royal Nepalese 
Army (RNA) became the Nepalese Army) of those who served in 
the Bhairabnath and Yuddha Bhairab Battalions in August 2003 
to January 2004.  Our review shows that three officers who 
served in the battalions at issue during that time received 
training in the U.S.  An officer in the 10th Brigade 
confirmed that the officers below were serving in the units. 
 
-- Capt. Madan Jung Rana, Bhairabnath Battalion, took the 
International Special Forces Course January 24-May 25, 2006 
at Fort Bragg, NC.  He has returned to Nepal.  He underwent 
Leahy vetting (refs E-H).  He was Platoon Commander, 
Bhairabnath Battalion during the time at issue. 
 
-- Capt. Ujjwol Rana took the Reconnaissance and Surveillance 
Leader Course June 28-July 5, 2004 at Fort Benning, GA.  Rana 
also attended the U.S. Army Special Forces Officer 
 
Qualification Course April 6-August 22, 2003.  He was a team 
leader in the Yuddha Bhairab Battalion (as team leader, he 
was responsible for 16 men). 
 
-- Lt. Col. Sushil BC took the Comprehensive Security 
Responses to Terrorism Seminar at the Asia-Pacific Center for 
Strategic Studies, Hawaii August 23-September 10, 2004.  He 
was a Brigade Major (the Headquarters Operations Staff 
Officer), 10th Brigade, stationed at Laxshmi Niwas. 
 
Note: Capt. Sujit Khadka took the Special Forces Officer 
Qualification Course October 25, 2004-July 5, 2005.  Capt. 
Khadka was undergoing the combat training course at the RNA 
barracks ("Laxshmi Niwas) in Maharajgunj from September to 
December 2003.  He was still assigned to the Purano Gorakh 
Battalion. 
 
Post's Normal Leahy Vetting Procedure 
------------------------------------- 
 
5. (SBU) Since receiving Department's guidance "Compliance 
with the State Leahy Amendment: A Guide to the Vetting 
Process" on December 13, 2005, post has established a system 
whereby ODC notifies Pol/Econ of any individual it is 
nominating to go to the U.S. for training.  Pol/Econ 
established a "Leahy Vetting  Committee" that includes the 
Pol/Econ, RSO, Pol/Mil and Consular Sections, all of which 
check their files and databases (including ACES), as well as 
other outreach efforts, for any credible evidence of gross 
violations of human rights perpetrated by the individual or 
the unit proposed for training.  The sections then notify 
Pol/Econ in writing of the results of their search.  If no 
derogatory information is found, Pol/Econ sends a cable to 
Washington with the names of the individuals/units and asks 
for clearance.  Prior to December 2005, the Embassy vetted 
the proposed individuals at Post without cabling back to 
Washington, and only cabled back to Washington to vet units 
proposed to receive training and assistance. 
 
No Red Flags During Local Vetting 
--------------------------------- 
 
6. (SBU) Although Embassy vetted all individuals proposed for 
training, at the time of vetting there was no information 
about the allegations of gross human rights violations that 
occurred September-December 2003 by the Bhairabnath and 
Yuddha Bhairab Battalions of the RNA 10th Brigade.  When we 
became aware of the OHCHR report, we reviewed our files to 
check those people whom we had nominated for training. 
Following our review, we notified the Department and 
recommended taking appropriate action.  Suggested talking 
points: 
 
-- The Mission coordinates with Washington to conduct vetting 
in accordance with the Leahy Law for individuals nominated to 
receive FOAA-funded or DOD-funded training and assistance (at 
DOD's request). 
 
-- Upon receiving word as reported by OHCHR in its May 26 
report of the atrocities by the Bhairabnath and Yuddha 
Bhairab Battalions of the RNA 10th brigade between September 
and December 2003, the Mission reviewed its files.  OHCHR 
reported that there is credible evidence that these units 
mistreated 137 detainees, 49 of whom have disappeared. 
 
-- As soon as we became aware that an officer who had been 
serving in one of the those battalions was receiving training 
in the U.S., we took appropriate action. 
 
Action Request and Comment 
-------------------------- 
 
7. (C) Capt. Indiver Rana was serving - and continues to 
serve - in a unit where there is credible evidence that the 
unit was engaged in gross human rights violations.  Given 
what we now know about these alleged abuses, Embassy requests 
that Capt. Indiver Rana's training be terminated and that he 
 
be returned to Nepal immediately.  We do not have evidence of 
Rana's individual acts, complicity or participation.  Had we 
discovered this derogatory information during the vetting 
process, we would have advised the Government of Nepal (GON) 
and former Royal Nepalese Army (RNA) that training would not 
be provided to Capt. Rana and offered to accept a substitute 
candidate.  Returning Capt. Rana to Nepal would signal the 
seriousness with which we address human rights issues, and 
the issue of impunity in the RNA and the new Nepalese Army 
(NA).  We also hope that his return will encourage NA 
cooperation with OHCHR's investigation. 

 

2 comments:

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    Training Tampa

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