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

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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