Identifier
Created
Classification
Origin
06KATHMANDU455
2006-02-15 11:15:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:
SUPREME COURT DECISIONS REINFORCE CONSTITUTION,
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C O N F I D E N T I A L KATHMANDU 000455
SIPDIS
SIPDIS
DEPT FOR SA/INS
NSC FOR RICHELSOPH
E.O. 12958: DECL: 02/15/2016
TAGS: PGOV PHUM NP
SUBJECT: SUPREME COURT DECISIONS REINFORCE CONSTITUTION,
STUDENTS RELEASED
REF: KATHMANDU 429
Classified By: Ambassador James F. Moriarty, reasons 1.4 (b/d)
SUMMARY
-------
C O N F I D E N T I A L KATHMANDU 000455
SIPDIS
SIPDIS
DEPT FOR SA/INS
NSC FOR RICHELSOPH
E.O. 12958: DECL: 02/15/2016
TAGS: PGOV PHUM NP
SUBJECT: SUPREME COURT DECISIONS REINFORCE CONSTITUTION,
STUDENTS RELEASED
REF: KATHMANDU 429
Classified By: Ambassador James F. Moriarty, reasons 1.4 (b/d)
SUMMARY
--------------
1. (C) The February 13 decision of the Supreme Court to
dissolve the Royal Commission for Corruption Control (RCCC)
(reftel) reinforced Nepal's constitution as a viable document
and could limit the King's authority. Reactions from the
Parties and the media were generally positive. The Court
also continues to rule on separate habeas corpus petitions
and issued an order on February 13 to release 15 student
leaders. The government has continued to release detainees
arrested immediately before the February 8 municipal polls.
End Summary.
SUPREME COURT DECISION REINFORCES NEPAL'S CONSTITUTION
-------------- --------------
2. (C) The Supreme Court's decision to dissolve the RCCC
reinforced Nepal's constitution as a viable document and
proved there were limits to the King's authority. There had
been significant international pressure for the Supreme Court
to declare the RCCC (established by the King under State of
Emergency powers, but continued after he had lifted the State
of Emergency) unconstitutional. In the unanimous 5-judge
decision, the Justices ruled that both the RCCC's formation
order issued by the King and its continuation were
unconstitutional; the Court also voided all RCCC actions.
The Supreme Court's verdict reportedly addressed three other
constitutional issues: it clarified that the source of state
power is the Nepali people, not the King as per a 1962
constitution; the Court ruled that, if the King's actions
raise serious constitutional questions, those actions can be
challenged in court; and Article 127 of Nepal's constitution
can be invoked by the King only if difficulties arise in
implementing the Constitution, not under false pretenses, and
"it cannot be invoked to curtail citizens rights guaranteed
by the constitution." Newspapers touted the Supreme Court's
ruling that Nepalese people were the source of power behind
the constitution.
PARTY HAILS INDEPENDENT JUDICIARY
--------------
3. (SBU) Leaders of the seven-party alliance welcomed the
Supreme Court's order, saying the verdict reinforced the
judiciary's independence. Pradip Nepal, spokesperson for the
Communist Party of Nepal-United Marxist-Leninist Party
(CPN-UML),stated that the decision would help re-establish
the rule of law in Nepal. Rastriya Prajatantra Party (RPP)
Chairman Pashupati Shumsher Rana added that the ruling showed
the court's independence and said the Parties would "respect
and honor" the decision.
SEPARATE ORDER SECURES RELEASE OF STUDENT LEADERS, 115 OTHERS
RELEASED
-------------- --------------
4. (SBU) Sher Bahadur Deuba, the former Prime Minister and
President of the Nepali Congress - Democratic (NC-D),and
Prakash Man Singh, President of the NC-D, were released from
detention the evening of February 13. Acting on separate
habeas corpus petitions, the Supreme Court also issued an
order on February 13 to release 15 student leaders. The
police followed the order and the student leaders were
released on February 13. According to February 14 news
reports, the government released 115 more detainees in
Kathmandu and Lalitpur, including political party members,
human rights activists and journalists. The human rights
organization Informal Sector Service Center (INSEC) claims
that approximately 200 detainees have been released
nationwide since February 13, totaling approximately 500
released out of 800 arrested. Most of the released detainees
had been arrested during protests leading up to the February
8 municipal elections.
COMMENT
--------------
5. (C) The Supreme Court's decision provides hope that
Nepal's constitution remains a viable document and that
people can contest the King's actions in court. The rulings
could also bolster the King's position that a new
constitution is unnecessary. The verdict could similarly be
interpreted as a reply to those political activists who
argued for the necessity of a constituent assembly because
the existing constitution fails to ensure people's
sovereignty.
MORIARTY
SIPDIS
SIPDIS
DEPT FOR SA/INS
NSC FOR RICHELSOPH
E.O. 12958: DECL: 02/15/2016
TAGS: PGOV PHUM NP
SUBJECT: SUPREME COURT DECISIONS REINFORCE CONSTITUTION,
STUDENTS RELEASED
REF: KATHMANDU 429
Classified By: Ambassador James F. Moriarty, reasons 1.4 (b/d)
SUMMARY
--------------
1. (C) The February 13 decision of the Supreme Court to
dissolve the Royal Commission for Corruption Control (RCCC)
(reftel) reinforced Nepal's constitution as a viable document
and could limit the King's authority. Reactions from the
Parties and the media were generally positive. The Court
also continues to rule on separate habeas corpus petitions
and issued an order on February 13 to release 15 student
leaders. The government has continued to release detainees
arrested immediately before the February 8 municipal polls.
End Summary.
SUPREME COURT DECISION REINFORCES NEPAL'S CONSTITUTION
-------------- --------------
2. (C) The Supreme Court's decision to dissolve the RCCC
reinforced Nepal's constitution as a viable document and
proved there were limits to the King's authority. There had
been significant international pressure for the Supreme Court
to declare the RCCC (established by the King under State of
Emergency powers, but continued after he had lifted the State
of Emergency) unconstitutional. In the unanimous 5-judge
decision, the Justices ruled that both the RCCC's formation
order issued by the King and its continuation were
unconstitutional; the Court also voided all RCCC actions.
The Supreme Court's verdict reportedly addressed three other
constitutional issues: it clarified that the source of state
power is the Nepali people, not the King as per a 1962
constitution; the Court ruled that, if the King's actions
raise serious constitutional questions, those actions can be
challenged in court; and Article 127 of Nepal's constitution
can be invoked by the King only if difficulties arise in
implementing the Constitution, not under false pretenses, and
"it cannot be invoked to curtail citizens rights guaranteed
by the constitution." Newspapers touted the Supreme Court's
ruling that Nepalese people were the source of power behind
the constitution.
PARTY HAILS INDEPENDENT JUDICIARY
--------------
3. (SBU) Leaders of the seven-party alliance welcomed the
Supreme Court's order, saying the verdict reinforced the
judiciary's independence. Pradip Nepal, spokesperson for the
Communist Party of Nepal-United Marxist-Leninist Party
(CPN-UML),stated that the decision would help re-establish
the rule of law in Nepal. Rastriya Prajatantra Party (RPP)
Chairman Pashupati Shumsher Rana added that the ruling showed
the court's independence and said the Parties would "respect
and honor" the decision.
SEPARATE ORDER SECURES RELEASE OF STUDENT LEADERS, 115 OTHERS
RELEASED
-------------- --------------
4. (SBU) Sher Bahadur Deuba, the former Prime Minister and
President of the Nepali Congress - Democratic (NC-D),and
Prakash Man Singh, President of the NC-D, were released from
detention the evening of February 13. Acting on separate
habeas corpus petitions, the Supreme Court also issued an
order on February 13 to release 15 student leaders. The
police followed the order and the student leaders were
released on February 13. According to February 14 news
reports, the government released 115 more detainees in
Kathmandu and Lalitpur, including political party members,
human rights activists and journalists. The human rights
organization Informal Sector Service Center (INSEC) claims
that approximately 200 detainees have been released
nationwide since February 13, totaling approximately 500
released out of 800 arrested. Most of the released detainees
had been arrested during protests leading up to the February
8 municipal elections.
COMMENT
--------------
5. (C) The Supreme Court's decision provides hope that
Nepal's constitution remains a viable document and that
people can contest the King's actions in court. The rulings
could also bolster the King's position that a new
constitution is unnecessary. The verdict could similarly be
interpreted as a reply to those political activists who
argued for the necessity of a constituent assembly because
the existing constitution fails to ensure people's
sovereignty.
MORIARTY