Identifier
Created
Classification
Origin
04KATHMANDU1226
2004-06-30 07:32:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:  

NEPAL: ARMY CHIEF REPLIES TO SUPREME COURT

Tags:  PHUM PGOV MOPS NP 
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300732Z Jun 04
C O N F I D E N T I A L KATHMANDU 001226 

SIPDIS

E.O. 12958: DECL: 06/29/2014
TAGS: PHUM PGOV MOPS NP
SUBJECT: NEPAL: ARMY CHIEF REPLIES TO SUPREME COURT

REF: KATHMANDU 1193

Classified By: Classified by CDA Janet Bogue; Reasons 1.5 (b) and (d).

C O N F I D E N T I A L KATHMANDU 001226

SIPDIS

E.O. 12958: DECL: 06/29/2014
TAGS: PHUM PGOV MOPS NP
SUBJECT: NEPAL: ARMY CHIEF REPLIES TO SUPREME COURT

REF: KATHMANDU 1193

Classified By: Classified by CDA Janet Bogue; Reasons 1.5 (b) and (d).


1. (U) According to media reporting on June 29, Chief of
Army Staff (COAS) Pyar Jung Thapa responded in writing to the
Nepali Supreme Court's "show cause" order (Ref A). His
response reportedly indicated that past failures by the Royal
Nepal Army (RNA) to respond to habeas corpus writs on
individuals allegedly held in secret preventative detention
were due to a lack of understanding within army units of the
law and chain-of-command issues. (NOTE: Army units
receiving writs in the past have failed to respond, arguing
that they were only permitted by chain of command
considerations to respond through the COAS's office. END
NOTE.) Thapa's reply reportedly indicated that units would
answer directly to the Court from this point forward.


2. (C) Supreme Court Joint Registrar and Spokesperson Ram
Krishna Timalsina confirmed to the Embassy that the Court had
received such a letter from the COAS. Timalsina expressed
the Court's satisfaction at the response, and even gratitude
towards the Army Chief for responding so quickly. When asked
his opinion if the COAS's order would mean the Army would, in
fact, "produce bodies," Timalsina demurred, saying the Court
had to accept the Army Chief of Staff's word.


3. (C) COMMENT: The public nature of the COAS' response, at
a minumum, indicates the Army's awareness of the importance
of appearing to respect rule of law and human rights. The
time limit for required responses to writs of habeas corpus
can vary from 48 hours to seven days. The next writ issued
by the Supreme Court may provide an interesting and important
test of the Army's actual intent to meet the requirement of
the law. However, until a method is devised to fully
prosecute suspected Maoists under the civil legal system (Ref
A),due process remains in question. END COMMENT.
BOGUE