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 

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¶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. 

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¶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 

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¶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 

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¶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 

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¶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 

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¶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.