PAKISTAN: JUDICIARY UPDATE

C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 000324

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/22/2018
TAGS: PREL PGOV PHUM PK
SUBJECT: PAKISTAN: JUDICIARY UPDATE

Classified By: Anne W. Patterson, for reasons 1.4 (b)(d)


1. (C) Summary: Attorney General Qayyum reported that he
expected the three attorneys still under house arrest to be
released "soon" and noted that the attorney's movement was
fizzling under economic pressure. He was pessimistic about
convincing Musharraf to release the eleven remaining detained
justices. Qayyum confirmed the National Reconciliation
Ordinance was about to expire and predicted Musharraf would
extend it, not to assist the Pakistan People's Party, but to
help his coalition partner the Muttahida Quami Movement. End
Summary.

Expected Progress on Attorneys
--------------


2. (C) Polcouns told Attorney General Malik Qayyum January
22 that the USG continues to press for the release of all
detained layers and judges; it would be important to have all
of these persons released before the February 18 elections.
Qayyum confirmed press reports that the lawyers' movement is
fizzling. Except in Peshawar, lawyers have returned to work
because they need an income after months of unemployment.
There is an ongoing boycott on Thursdays, he said, but it is
not being observed at the Supreme Court or most of the high
courts.


3. (C) Qayyum said he expected the government soon to
release all of the three remaining attorneys who are still
under house arrest (Aitzaz Ahsan, Tariq Mahmood, Ali Ahmad
Kurd). The constitution prevents holding suspects for more
than 90 days without a review, and this deadline is fast
approaching. To continue their detention would require the
government to convene a review board where the suspects could
argue for their release. Qayyum does not believe the
government has adequate grounds to continue holding them
under the Security of Pakistan Act. Qayyum said he had a
long meeting with Aitzaz Ahsan and tried, unsuccessfully, to
convince him to tone down his attacks on the government.
Nevertheless, Qayyum expected that Ahsan, Mahmood and Kurd
would be released in the coming weeks.

Judges Still Stuck
--------------


4. (C) However, Qayyum said, the judges were another story.
He had been unable to convince Musharraf to ease up on house
arrest or to put some of the deposed judges back on the
bench. Former Chief Justice Chaudhry continued to insist he
is still the Chief Justice and has threatened upon release to
immediately reappear in the Suprme Court. Qayyum said this
would create "a very awkward" situation that Musharraf wants
to avoid. Qayyum admitted that the judges were not being
detained under any specific written order, so there was
nothing to revoke. It was "beyond my level" at this point to
release them. Qayyum did insist that press reports saying
that Chaudhry's water had been cut off at his home were
untrue; there had been a temporary problem with the water
supply to this and other houses on the same street. Qayyum
said he hoped that pressure from various European leaders
would convince Musharraf to lift house arrest of the judges
after the President returned from his current European tour.

5 (C) As for reinstatement, Qayyum claimed he had tried to
appoint some of the deposed judges to the newly created
Islamabad High Court, but Musharraf had not agreed. This was
a pity, Qayyum lamented, because Pakistan needed their
expertise. The GOP also had offered "incentives" in the form
of other jobs to some of the deposed judges, but only one had
accepted an alternative position.

National Reconciliation Ordinance
--------------


6. (C) Qayyum denied press reports that he recently met
with Pakistan People's Party (PPP) Co-Chairman Asif Zardari
to discuss the National Reconciliation Ordinance (NRO),
written to provide Benazir Bhutto, Zardari, and others
exemption from prosecution. However, Qayyum confirmed the
NRO would expire on February 5. Ordinances must be approved
by parliament within four months, but the delay in elections
would prevent ratification of the NRO in time. Qayyum
thought Musharraf would extend the NRO, not because it helped

ISLAMABAD 00000324 002 OF 002


the PPP but because it helped the Muttahida Quami Movement
(MQM) party, a member of the former Musharraf government.
Qayyum said that 15-16 PPP members benefited from the NRO,
while "thousands" of MQM members benefited.


7. (C) Comment: The last of the blocked television channels
returned to the airwaves this weekend (septel),and release
of the lawyers would be another positive step to reverse the
effects of the state of emergency. We are concerned,
however, that Musharraf continues to oppose release of the
remaining judges under house arrest and will continue to
press the GOP on this issue.
PATTERSON