Identifier
Created
Classification
Origin
06KATHMANDU1505
2006-06-12 12:25:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:
GOVERNMENT SCRAPS TERROR ORDINANCE
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C O N F I D E N T I A L KATHMANDU 001505
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/12/2016
TAGS: PHUM PGOV PTER NP
SUBJECT: GOVERNMENT SCRAPS TERROR ORDINANCE
Classified By: CDA Larry Schwartz. Reasons 1.4 (b/d).
Government Scraps Terrorist Detention Law
-----------------------------------------
C O N F I D E N T I A L KATHMANDU 001505
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/12/2016
TAGS: PHUM PGOV PTER NP
SUBJECT: GOVERNMENT SCRAPS TERROR ORDINANCE
Classified By: CDA Larry Schwartz. Reasons 1.4 (b/d).
Government Scraps Terrorist Detention Law
--------------
1. (C) According to media reports June 12, the Government of
Nepal (GON) Council of Ministers decided to scrap the
Terrorist and Disruptive Activities Ordinance (TADO),
effective immediately. TADO allowed security forces to
detain suspected terrorists for up to 360 days without
charging them with a crime - its scrapping facilitates a
Maoist demand. Media reported that the GON would withdraw
charges against Maoists who were charged under the Act.
Embassy sources indicated that the government would release
between 300-600 Maoists due to this decision.
Political Leaders Disagree On Government's Decision
-------------- --------------
2. (C) C.P. Mainali, General Secretary of the Communist Party
of Nepal - Marxist-Leninist (CPN-ML),part of the seven-party
alliance, speculated to us that the GON scrapped TADO because
it was convinced of the Maoists' intentions to peacefully
join mainstream politics after the recent meeting between
Home Minister Sitaula and Maoist leader Prachanda. Mainali
said that scrapping TADO would help create a positive
atmosphere for peace talks between the GON and the Maoists.
Conversely, Arjung Narsingh K.C., Central Committee Member of
the Nepali Congress (NC),emphasized privately that although
his party had agreed with the decision to scrap TADO, he was
unhappy with the decision because there was "a chance of
falling into a Maoist trap." He stressed that this decision
was taken too early, and the seven-party alliance was
fulfilling all Maoist demands while the Maoists were
continuing abductions and extortion.
3. (C) Subodh Pyakurel, President of local human rights NGO,
Informal Sector Service Center (INSEC),indicated that crimes
committed by the Maoists were more severe than TADO could
address and that other prevailing laws could be used to
properly prosecute them. C.P. Mainali separately agreed,
explaining that TADO had been introduced to target the
Maoists specifically, as opposed to laws of general
application that could be used to address the crimes
committed.
Comment
--------------
4. (C) Human Rights groups in Nepal will likely view the
GON's decision to repeal TADO as a positive development
because it has been used to hold people without charging them
with a crime. However, the release of Maoist prisoners was a
key demand of the Maoist negotiators, and it is deeply
concerning that the GON continues to give up any leverage it
has for negotiations with the Maoists by giving in to their
demands, while not getting anything in return.
SCHWARTZ
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/12/2016
TAGS: PHUM PGOV PTER NP
SUBJECT: GOVERNMENT SCRAPS TERROR ORDINANCE
Classified By: CDA Larry Schwartz. Reasons 1.4 (b/d).
Government Scraps Terrorist Detention Law
--------------
1. (C) According to media reports June 12, the Government of
Nepal (GON) Council of Ministers decided to scrap the
Terrorist and Disruptive Activities Ordinance (TADO),
effective immediately. TADO allowed security forces to
detain suspected terrorists for up to 360 days without
charging them with a crime - its scrapping facilitates a
Maoist demand. Media reported that the GON would withdraw
charges against Maoists who were charged under the Act.
Embassy sources indicated that the government would release
between 300-600 Maoists due to this decision.
Political Leaders Disagree On Government's Decision
-------------- --------------
2. (C) C.P. Mainali, General Secretary of the Communist Party
of Nepal - Marxist-Leninist (CPN-ML),part of the seven-party
alliance, speculated to us that the GON scrapped TADO because
it was convinced of the Maoists' intentions to peacefully
join mainstream politics after the recent meeting between
Home Minister Sitaula and Maoist leader Prachanda. Mainali
said that scrapping TADO would help create a positive
atmosphere for peace talks between the GON and the Maoists.
Conversely, Arjung Narsingh K.C., Central Committee Member of
the Nepali Congress (NC),emphasized privately that although
his party had agreed with the decision to scrap TADO, he was
unhappy with the decision because there was "a chance of
falling into a Maoist trap." He stressed that this decision
was taken too early, and the seven-party alliance was
fulfilling all Maoist demands while the Maoists were
continuing abductions and extortion.
3. (C) Subodh Pyakurel, President of local human rights NGO,
Informal Sector Service Center (INSEC),indicated that crimes
committed by the Maoists were more severe than TADO could
address and that other prevailing laws could be used to
properly prosecute them. C.P. Mainali separately agreed,
explaining that TADO had been introduced to target the
Maoists specifically, as opposed to laws of general
application that could be used to address the crimes
committed.
Comment
--------------
4. (C) Human Rights groups in Nepal will likely view the
GON's decision to repeal TADO as a positive development
because it has been used to hold people without charging them
with a crime. However, the release of Maoist prisoners was a
key demand of the Maoist negotiators, and it is deeply
concerning that the GON continues to give up any leverage it
has for negotiations with the Maoists by giving in to their
demands, while not getting anything in return.
SCHWARTZ