EMERGING AFGHAN INTERAGENCY PROCESS TO MANAGE

UNCLAS KABUL 005042

SIPDIS

SENSITIVE

DEPT FOR SA/FO AMBASSADOR QUINN, SA/CT AND SA/A
NSC FOR AHARRIMAN, KAMEND
CENTCOM FOR POLAD, CG CFC-A, CG CJTF-76

E.O. 12958: N/A
TAGS: PGOV PREL PINR KAWC AF
SUBJECT: EMERGING AFGHAN INTERAGENCY PROCESS TO MANAGE
TRANSFER OF DETAINEES


1. (SBU) Summary. USDOJ and CFC-A representatives
briefed a delegation of Afghan officials on the
fundamentals of an interagency process. The GOA
officials are to become the working group that will
decide the form of the process Afghanistan will use to
receive detainees transferred by the USG. The group
warmly welcomed the ideas presented and indicated
their intent to move forward with the development of
an interagency process. End Summary.


2. (SBU) The Afghan interagency process for transfer of
custody of detainees began to take shape at a 6
December meeting held at the National Security
Council. Deputy Attorney General Fazl Ahmad Faqeryar,
Director of Policy and Oversight at the NSC Engineer
Mohammed Daoud, General Director of Jails at the
Ministry of Justice Brigadier General Abdul Salam
Bakhshi, Deputy Head of Investigation at the National
Directorate of Security Colonel Abdul Jalil Modafi,
General Director of the Supreme Court Judiciary
Administration Abdul Malik Kamavi, Advisor to the
Minister of Interior Abdul Jabar Sabit, and Brigadier
General Sayed Khalilullah Attaee, Head Inspector of
the Education Department at the Ministry of Defense
were on hand to hear from Bruce Pagel of USDOJ and
Col. Manuel Supervielle of CFC-A on the fundamentals
of an interagency process.


3. (SBU) The meeting took the form of a briefing from
the DOJ and CFC representatives. They outlined the
legal issues that the GOA must resolve, including the
nature of the conflict and the status of combatants
captured on the battlefield. Also covered was the
prospective role of the legislative and judicial
branches within the interagency process. Supervielle
and Pagel said the Afghan interagency model could
incorporate agencies of the judicial and legislative
branch. Although it would be for the GOA to decide
based on its legal analysis, including the judiciary
could undermine judicial independence and create a
real conflict of interest to the extent the court
participates in the interagency process.


4. (SBU) The DOJ and CFC representatives emphasized to
the Afghan attendees that the interagency process
should be a wholly Afghan one. They stressed that the
role of the USG in setting up the interagency process
would be solely advisory. They also offered to
arrange briefings led by experts on international law
to offer additional ideas and options to the GOA. The
immediate next step will be for the Afghan working
group to meet without a US presence to establish their
own mission statement.


5. (SBU) Comment. The Afghan officials present
discussed, in Dari, the issues laid before them for
several minutes during one interlude. There was no
immediate consensus on the roles of the executive,
judicial, and legislative branches, though there was
agreement that this would be an NSC-coordinated
effort. All officials present seemed receptive to the
concept of developing an interagency process, and no
one ministry representative appeared to want his
ministry to dominate the process. A positive first
step was taken at the end of the meeting, when the MOD
and MOJ representatives agreed that the MOU concerning
renovation of PeC Block 4 and its subsequent operation
would be signed by 15 December. End
comment.
NEUMANN