Identifier
Created
Classification
Origin
06KABUL2468
2006-05-30 12:32:00
CONFIDENTIAL
Embassy Kabul
Cable title:  

PARLIAMENT REJECTS SHINWARI AS CHIEF JUSTICE

Tags:  PGOV PREL PINR KDEM AF 
pdf how-to read a cable
VZCZCXRO1362
PP RUEHDBU
DE RUEHBUL #2468/01 1501232
ZNY CCCCC ZZH
P 301232Z MAY 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 0553
INFO RUCNAFG/AFGHANISTAN COLLECTIVE
RUEHSJ/AMEMBASSY SAN JOSE 0017
RHEHAAA/NSC WASHDC
RHEFDIA/DIA WASHDC
RUEAIIA/CIA WASHDC
RUEKJCS/JOINT STAFF WASHDC
RUEKJCS/CJCS WASHDC
RUEKJCS/SECDEF WASHDC
RUEHGV/USMISSION GENEVA 6013
RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RHMFISS/COMSOCCENT MACDILL AFB FL
RUEATRS/US TREASURY WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 KABUL 002468 

SIPDIS

SIPDIS

DEPT FOR SA/FO, S/CT, SA/A, G KATE FRIEDRICH, G/IWI DIANNE
GRAHAM
NSC FOR AHARRIMAN, KAMEND
CENTCOM FOR POLAD, CG CFC-A, CG CJTF-76
TREASURY FOR LMCDONALD, WBALDRIDGE, APARAMESWARAN, ABAUKOL
STATE PLEASE PASS USAID FOR AID/ANE, AID/DCHA/DG
SAN JOSE FOR JANAE COOLEY
REL NATO/ISAF, AUS, NZ

E.O. 12958: DECL: 09/04/2015
TAGS: PGOV PREL PINR KDEM AF
SUBJECT: PARLIAMENT REJECTS SHINWARI AS CHIEF JUSTICE

REF: KABUL 2364

Classified By: POLCOUNS ANGUS SIMMONS FOR REASONS 1.4 (B) AND (D)

C O N F I D E N T I A L SECTION 01 OF 02 KABUL 002468

SIPDIS

SIPDIS

DEPT FOR SA/FO, S/CT, SA/A, G KATE FRIEDRICH, G/IWI DIANNE
GRAHAM
NSC FOR AHARRIMAN, KAMEND
CENTCOM FOR POLAD, CG CFC-A, CG CJTF-76
TREASURY FOR LMCDONALD, WBALDRIDGE, APARAMESWARAN, ABAUKOL
STATE PLEASE PASS USAID FOR AID/ANE, AID/DCHA/DG
SAN JOSE FOR JANAE COOLEY
REL NATO/ISAF, AUS, NZ

E.O. 12958: DECL: 09/04/2015
TAGS: PGOV PREL PINR KDEM AF
SUBJECT: PARLIAMENT REJECTS SHINWARI AS CHIEF JUSTICE

REF: KABUL 2364

Classified By: POLCOUNS ANGUS SIMMONS FOR REASONS 1.4 (B) AND (D)


1. (U) SUMMARY. On May 27, the lower house of the Afghan
Parliament rejected two additional Supreme Court nominations,
including conservative Chief Justice Shinwari. END SUMMARY.

Vote Count
--------------


2. (SBU) The rejection of Shinwari and additional nominee
Roostayi brings the total number of Supreme Court nominees
rejected by the Wolesi Jirga to seven (of nine). The
complete results are below (see also REFTEL):

Sheikh al-Hadees Fazel Hadi Shinwari - rejected by vote: 77
yes, 117 no, 1 invalid
Mohammad Omar Mohmand - rejected by vote: 71 yes, 84 no, 4
invalid
Mawlawi Mohammad Qasem - APPROVED by vote: 124 yes, 84 no, 3
invalid
Mohammad Qasem Hashemzai - rejected by voice vote (dual
citizenship)
Mohammad Hussein Roostayi - rejected by vote: 58 yes, 130 no,
4 invalid
Shah Ali Azqar Shahrestani - rejected by vote: 92 yes, 115
no, 4 invalid
Bahaudin Baha - rejected by voice vote (green card holder)
Abdul Rasheed Rashed - rejected by voice vote (dual
citizenship)
Mohammad Aleem Nasemi - APPROVED by vote: 109 yes, 100 no, 2
invalid

Debate on Procedures, not Qualifications
--------------


3. (SBU) Debate on all Supreme Court nominees was marked by
extensive debate over the protocol for having Justices appear
before Parliament, and little direct debate over the
qualifications or opinions of the Justices. The closest MPs
came to discussion of qualifications was in the case of
Shinwari, where procedural issues such as how old Justices
should be, what kind of qualifications they should have, and
whether they should be questioned by Parliament, all had
direct application. In the end, no resolution was found to
the final point of debate - whether Justices should be
questioned by Parliament - and in the absence of agreement on
policy, a vote on the individual nominees was taken. Chief
Justice Shinwari did appear at Parliament when the slate of
Supreme Court nominees was introduced, but unlike other
nominees, did not answer questions from MPs.

Next Steps
--------------


4. (C) Late last week, Presidential legal advisor Azimi told
PolCouns that Karzai intends to renominate the three nominees
rejected for dual citizenship, on the grounds that the
Constitution does not specifically state that Supreme Court
Justices cannot be dual nationals (it states that Justices
must be citizens of Afghanistan). Rumors are beginning to
float of new names of Chief Justice nominees, but none is
firm as of yet. There is only a week left for Parliament to
act before its recess. It remains unclear what the GOA's
strategy will be regarding the nomination of a new Chief
Justice. The conventional wisdom is that the new nominee
will be another conservative. But given the short time
frame, it may be difficult for Parliament to act before it
returns to regular session at the end of July. While
Shinwari must ultimately step down from the Supreme Court, he

KABUL 00002468 002 OF 002


is expected to retain his position as head of the Ulema
Council.

Comment
--------------


5. (C) The rejection of Shinwari was not a rejection of the
conservative values he symbolizes to the West. Reasons for
votes against Shinwari ranged from policy - MPs who believed
that he intervened politically in cases (such as that of
Abdul Rahman) or was soft on corruption in the judiciary - to
pragmatic - some MPs felt he is simply too old for the job.
There is a general perception, though, that one motive for
his rejection was a backlash by non-Pashtuns against a
perception that Pashtuns were getting more than their fair
share of nominations. END COMMENT.
NEUMANN