SUPREME COURT ORDERS RELEASE OF FORMER PRIME

C O N F I D E N T I A L KATHMANDU 000429 SIPDIS SIPDIS DEPT FOR SA/INS NSC FOR RICHELSOPH E.O. 12958: DECL: 02/13/2016 TAGS: PGOV PHUM NP SUBJECT: SUPREME COURT ORDERS RELEASE OF FORMER PRIME MINISTER DEUBA REF: A. 05 KATHMANDU 409 ¶B. 05 KATHMANDU 1879 Classified By: Ambassador James F. Moriarty, reasons 1.4 (b/d) ¶1. (U) This cable is an action request, see paragraph 6. SUPREME COURT DISSOLVES RCCC; THROWS OUT ALL DECISIONS -------------- -------------- ¶2. (C) In a major decision, Nepal's Supreme Court on February 13 declared the Royal Commission for Corruption Control (RCCC) unconstitutional, ordered the Commission to be dissolved, and voided all decisions taken by the RCCC. The King formed the RCCC after he took power on February 1, 2005 under the emergency authority of Article 127 of the Nepali Constitution. Although the King ended the state of emergency in April 2005, he extended the RCCC through royal decree. The Supreme Court ruled the extension unconstitutional. Spokesperson for the Nepali Congress - Democratic (NC-D) Minendra Rijal, declared the Court's decision had demonstrated that it had the power to counter the acts of the King. Jhalanath Khanal, Central Committee Member of the United Marxist - Leninist (UML) party, commented that the Court decision had shown that the present regime was using illegal and unconstitutional means to "suppress" the people. FORMER PM DEUBA TO BE RELEASED -------------- ¶3. (C) The result of the Supreme Court's voiding of all RCCC decisions is the release of NC-D President and former Prime Minister (twice) Sher Bahadur Deuba, and NC-D General Secretary Prakash Man Singh. It remains unclear whether SIPDIS Deuba and Singh will be released today. Rijal claims that a writ has to be filed tomorrow to secure their release, while Khanal stated that the two NC-D leaders should be released based on the Supreme Court decision alone. Khanal commented that the time had come to "eliminate" autocratic rule, while Rijal said the decision had vindicated Deuba and Singh. OTHERS SET FREE OVER PAST DAYS -------------- ¶4. (C) The positive Court decision followed the gradual release of detainees over the past two days. The human rights organization Informal Sector Service Center reports that the government released more than 300 detainees nationwide out of 1000 over the past two days, including politicos, teachers, and students. COMMENT -------------- ¶5. (C) The Supreme Court decision is a signal that the King might be ready to reach out to the political parties. Ever since the conviction of Deuba, we have been pressing the government to release Deuba and dissolve the RCCC. Vice-Chairman Giri had indicated such a step would be possible. We believe the Court might have received a green-light to issue the five-judge panel's unanimous decision. ACTION REQUEST -------------- ¶6. (U) Post provides the following if asked guidance, as needed. Begin Suggested Press Guidance. The Department welcomes the decision by the Supreme Court of Nepal to dissolve the RCCC and order the release of former Prime Minister Deuba. We hope that this action will serve as a catalyst for the King and Nepal's legitimate political parties to begin a process of reconciliation leading toward the restoration of democracy and the effective handling of the Maoist insurgency. End Suggested Press Guidance. MORIARTY