PRT/LASHKAR GAH - PROSECUTORS DISCUSS THEIR

UNCLAS SECTION 01 OF 02 KABUL 001630 SIPDIS SENSITIVE SIPDIS RELEASABLE TO NATO/AUST/NZ/ISAF STATE FOR SCA/FO, SCA/A, S/CRS, SCA/PAB, S/CT, EUR/RPM STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG NSC FOR AHARRIMAN, KAMEND CENTCOM FOR CG CFC-A, CG CJTF-76, POLAD E.O. 12958 N/A TAGS: PGOV KJUS SOCI AF SUBJECT: PRT/LASHKAR GAH - PROSECUTORS DISCUSS THEIR ROLE REF: KABUL 1325 KABUL 00001630 001.4 OF 002 ¶1. (SBU) SUMMARY: At a PRT sponsored seminar on March 28, Helmand prosecutors demonstrated a good knowledge of procedures and the applicable sections of the Afghan constitution. They cited lack of evidence and police corruption as the main reasons why many cases are not sent forward to judges. A key issue that remains unresolved is the extent to which the court system will be involved in religious law issues. END SUMMARY. ¶2. (SBU) As part of its judicial reform effort, the PRT's Civil Affairs deputy commander, Captain Allan Dollison, led a discussion with a number of Helmand provincial prosecutors. Attendees included Mohammed Ismael, Prosecutor for the National Directorate of Security (NDS); Abdul Hadi Hamkar, Deputy Director of the Public Court; Abdul Sattar Dawri, Chief Civilian Prosecutor; Raz Mohammed Hadam, Chief of Lashkar Gah Prison; Ali Mohammed, Deputy Chief of the Lashkar Gah Prison; Mohammed Issa, Deputy Prosecutor for Investigations for NDS; Khosal, Prosecutor of Security Cases; Lal Mohammed, NDS Detention Facility Chief; Ghulam Reza, Prosecutor of Business Cases; and Mohammed Hussein, police prosecutor. ¶3. (SBU) In a spirited four-hour discussion, the main topics covered included the how the court system functions and the rules of procedure within the constitutional framework. Those participating appeared to have a good grasp how the judicial system fits within the constitution. A number of participants reported that they had received their legal education in the former Soviet Union. IMPORTANCE OF PROSECUTORS -------------- ¶4. (SBU) Several prosecutors said that they strongly believed in the formal justice system. Prosecutors, they noted, are key players in the drive to establish a fair civil society in the province. (Note: It is estimated that only about 15 to 20 percent of cases are decided in the formal justice system. Most cases are decided within village and district councils, known as the "informal system." End Note.) The prosecutors deferred discussion of the informal justice system, noting that the subject should be discussed at a separate conference. CORRUPTION -------------- ¶5. (SBU) Prosecutors lamented that many cases are dismissed due to ineptness and/or corruption among the police. Normally, the police cite lack of evidence as the main reason, but several prosecutors said that the lack of evidence is often an excuse when police have been bribed to drop a case. During the discussion, prosecutors raised the suggestion that prosecuting some high profile government officials involved in corruption would improve their KABUL 00001630 002.2 OF 002 legitimacy in the public's eye and bring more cases into the formal justice system. They praised Governor Daud for his goals to improve the provincial government, but expressed doubts that these efforts will have a significant impact on public corruption. COMMENT -------------- ¶6. (SBU) In this meeting, together with an earlier judicial conference (reftel),the PRT has helped prepare the ground for the upcoming UK deployment, which will include a justice advisor as well as a focus on security sector reform. For Helmand province, the effort to improve the formal justice system will have to be multi- dimensional, including reform efforts from the lowest beat cop to the senior judges. Such an effort is likely to be long and arduous. NORLAND