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