US embassy cable - 04KATHMANDU1226

C O N F I D E N T I A L KATHMANDU 001226 
 
SIPDIS 
 
E.O. 12958: DECL: 06/29/2014 
TAGS: PHUM, PGOV, MOPS, NP 
SUBJECT: NEPAL: ARMY CHIEF REPLIES TO SUPREME COURT 
 
REF: KATHMANDU 1193 
 
Classified By: Classified by CDA Janet Bogue; Reasons 1.5 (b) and (d). 
 
 1. (U)  According to media reporting on June 29, Chief of 
Army Staff (COAS) Pyar Jung Thapa responded in writing to the 
Nepali Supreme Court's "show cause" order (Ref A).  His 
response reportedly indicated that past failures by the Royal 
Nepal Army (RNA) to respond to habeas corpus writs on 
individuals allegedly held in secret preventative detention 
were due to a lack of understanding within army units of the 
law and chain-of-command issues.  (NOTE:  Army units 
receiving writs in the past have failed to respond, arguing 
that they were only permitted by chain of command 
considerations to respond through the COAS's office.  END 
NOTE.)  Thapa's reply reportedly indicated that units would 
answer directly to the Court from this point forward. 
 
2. (C) Supreme Court Joint Registrar and Spokesperson Ram 
Krishna Timalsina confirmed to the Embassy that the Court had 
received such a letter from the COAS.  Timalsina expressed 
the Court's satisfaction at the response, and even gratitude 
towards the Army Chief for responding so quickly.  When asked 
his opinion if the COAS's order would mean the Army would, in 
fact, "produce bodies," Timalsina demurred, saying the Court 
had to accept the Army Chief of Staff's word. 
 
3. (C) COMMENT:  The public nature of the COAS' response, at 
a minumum, indicates the Army's awareness of the importance 
of appearing to respect rule of law and human rights.  The 
time limit for required responses to writs of habeas corpus 
can vary from 48 hours to seven days.  The next writ issued 
by the Supreme Court may provide an interesting and important 
test of the Army's actual intent to meet the requirement of 
the law.  However, until a method is devised to fully 
prosecute suspected Maoists under the civil legal system (Ref 
A), due process remains in question.  END COMMENT. 
BOGUE