[Congressional Record Volume 155, Number 192 (Thursday, December 17, 2009)]
[Senate]
[Page S13376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       NEED FOR JUSTICE IN NEPAL

  Mr. LEAHY. Mr. President, I want to speak briefly about a matter that 
is of concern to the Congress and the Department of State, involving a 
heinous crime that occurred in Nepal and the need for justice.
  Many people are familiar with the brutal murder of Maina Sunuwar in 
February 2004. At the young age of 15, she was arrested by Nepali 
soldiers and severely tortured to death at, of all places, the Birendra 
Peace Operations Training Center. After her murder, the army made it 
look as though she had been shot while trying to escape, and then 
buried her body at the center.
  According to a United Nations report, in September 2005, after 
intense public and international pressure, three army officers were 
brought before a court martial and sentenced to a mere 6 months 
imprisonment for failing to follow proper procedures when disposing of 
Maina's body. In spite of many requests, the Nepal army refused to 
disclose the nature of the charges that led to this sentence, or 
provide copies of any documents relating to the court of inquiry or 
court martial. It also refused to cooperate with police investigations.
  It is shocking that one of the officers accused in her murder, Major 
Niranjan Basnet, was permitted to participate in a United Nations 
peacekeeping mission in Chad. This speaks volumes about the inadequacy 
of vetting procedures of military personnel for such missions, which is 
a separate subject that I intend to take up with officials at the 
Department of State and United Nations.
  To his credit, Prime Minister Madhav Kumar Nepal had Major Basnet 
returned from Chad, following the issuance of an arrest warrant and in 
response to public calls for his arrest. However, when he arrived back 
at the Katmandu airport the army took him under its control and 
apparently, despite initial promises and requests from the police and 
orders from the Prime Minister, has still not handed him over to the 
police.
  This case represents a critical juncture for Nepal. In large measure, 
and as others have pointed out, Maina's death will decide whether a 
civilian, democratic government and the rule of law will determine 
Nepal's future, or it will remain dominated by the interests of the 
Nepal army.
  Just a few days ago, President Obama signed into law the Consolidated 
Appropriations Act, 2010, which includes a prohibition on assistance to 
the Nepal army unless it, among other things, is cooperating fully with 
investigations and prosecutions by civilian judicial authorities of 
violations of internationally recognized human rights. This provision 
applies squarely to Maina's case.
  I urge the new Chief of the Army Staff, General Chhattraman Gurung, 
to seize this opportunity to demonstrate that the army is reforming, 
that it recognizes in a democracy its members are answerable to the 
civilian courts, and that it will no longer perpetuate the impunity 
that has undermined the rule of law in Nepal for far too long.

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