EU statement on recruitment row contemptuous, violative

KATHMANDU, March 11: Legal experts have expressed concerns over the European Union making a statement on a case of army recruitment that has landed in the Supreme Court. [break]

Recruitment poses serious threat to Nepal´s peace: European Union

They said that giving views on a subjudice case is not only contempt of court but also a violation of the Vienna Convention on Diplomatic Relations, 1961 and the Vienna Convention on Consular Relations, 1963.

“The statement on a subjudice case is objectionable,” said constitutional lawyer Dr Bhimarjun Acharya, who also took part in the hearing of the case related to recruitment by the Nepal Army.

In a statement released on Tuesday, the EU said, "The recruitment campaigns carried out by the Nepal Army and the Maoist Army are a violation of the spirit of the Comprehensive Peace Agreement and pose a serious threat to the peaceful democratic future which the Nepalese people have fought so hard for.”

The EU statement has come two days after the Supreme Court stayed the recruitments by the PLA through an interim order. The apex court is holding a hearing on Thursday on whether to issue a similar order in the case of the recruitment by the Nepal Army.

Acharya argues that the EU should not have issued the statement on the issue for two reasons: first, it is an internal matter of Nepal; and second, it is being considered in the apex court and any comment on the issue means exerting influence on the independent judiciary. “The government should write to the EU over the statement,” he said.

Myrepublica.com couldn´t reach Foreign Ministry spokesperson Suresh Pradhan to get his comments on the controversy.

Another constitutional lawyer Madhav Basnet said that it is the universally established practice not to give views or comments on any subjudice case and any such act is subject to contempt of court. “The EU abused diplomatic immunity by giving a statement on the subjudice case,” said Basnet.

Pirkko-Liisa Kyöstilä, the Chargé d´Affaires at the Embassy of Finland which holds the current presidency of the EU in Nepal, said the issue being considered in the court wasn´t in their mind when the statement was released. "We are here for the wellbeing of the Nepalese people," she told myrepublica.com. "The courts are objective and impartial."

Since EU is a major donor in Nepal, said Kyöstilä, "we are concerned about the peace process". She added that the EU issues statements on the issues of its concern when "it is time to say something" on a particular issue. "The objective was not influencing the court."

kiran@myrepublica.com, tilak@myrepublica.com