PROBATION BOARD FOR POLICE LIST ADDITIONS:

C O N F I D E N T I A L SECTION 01 OF 03 KABUL 002736

SIPDIS

SIPDIS

STATE FOR SCA/FO, SCA/A, S/CRS, SCA/PAB, S/CT,
INL
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR AHARRIMAN
CENTCOM FOR CG CFC-A, CG CJTF-76, POLAD
TREASURY FOR D/S KIMMITT, APARAMESWARAN, AJEWELL

E.O. 12958: DECL: 06/14/2016
TAGS: PGOV SNAR PTER ASEC AF
SUBJECT: PROBATION BOARD FOR POLICE LIST ADDITIONS:
PRELIMINARY DISCUSSION


Classified By: AMBASSADOR RONALD NEUMANN FOR REASONS
1.4 (B) AND (D)


1. (C) Summary: With considerable U.S. input,
international community representatives agreed on
June 14 that the Probation Board for the dozen or so
problem cases on the new police list should
establish objective, forward-looking standards and
meet periodically over a period of four months to
evaluate the cases. The Board would be constituted
under the authority of Interior Minister Zarar
Moqbil so as to both avoid political interference
and strengthen Zarar,s position within the GOA.
The group set an aggressive timetable to move ahead
with setting up the Board and defining the standards
and modalities of its operation. It will meet again
on June 17 to finalize these arrangements, after
CSTC-A Commander Durbin has had a chance to consult
with Minister Zarar. Human rights remain a
paramount consideration, and we are giving serious
thought as to how to address these concerns if the
Probation Board turns out to be insufficient to
ensure the removal of the worst cases. End summary.


2. (C) German Police Program (GPPO) Advisor
Ambassador Frick called a meeting on June 14 to
discuss the design and role of a Probation Board
that would review the late additions to the police
list announced by President Karzai last week.
President Karzai has agreed in principle in
conversations with both Ambassador Frick and
Ambassador Neumann to a Probation Board; this
proposal will be presented to him as a coordinated
approach between Ministry of Interior and the
international community once the details have been
worked out. Attendees at this meeting included
Ambassador Neumann and polmiloff, CSTC-A Commander
MG Durbin and staff, and representatives from UNAMA,
EU, Japan, Canada, UK, Australia, and GPPO.


3. (C) As they worked to determine who exactly
would be placed in probationary status, attendees
admitted to confusion about the various names
circulating on contradictory lists. It was decided
that a working-level group from CSTC-A and GPPO
would develop a list by COB June 14 of the
appointees whose names had not been included on the
Selection Board list of 86 submitted to President
Karzai on May 22 but who were subsequently given
senior police positions. It was also agreed that
the list would be reviewed by the whole group to
make sure that no egregious human rights violators
had been inadvertently exempted from probationary
review due to the use of this standard. The list
will be finalized by COB June 15. (Note: The draft
list circulated by CSTC-A at COB June 14 has 14
names on it, though the final list may vary in
details.)

Composition of the Board
--------------


4. (C) With regard to the composition and broad
direction of the Probation Board, there was broad
support for having Ministry of Interior Zarar Moqbil
retain final authority rather than submitting the

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process to the Afghan interagency or presidential
consideration. This, it is hoped, will minimize
political pressure on the board,s decisions while
also strengthening Zarar,s position within the GOA.
On the basis of standards to be developed (see
below),the board would convene monthly over a
period of four months to review the cases. Judgment
against anyone on the list could be made at any
convened session when the evidence was considered
sufficient to proceed. Final decisions on the
remaining cases would be made at the end of four
months.

Standards
--------------


5. (C) The group agreed to meet again on July 17 to
finalize the standards that would be used by the
Probation Board. MG Durbin said that between now
and then he would talk to Minister Zarar to get his
input and suggestions. Ambassador Neumann noted
that in an early June discussion with Zarar, the
Minister had proposed a number of standards to be
used in evaluating new appointees. The July 17
meeting will review Zarar,s updated suggestions and
add any additional standards that are considered
essential to the review process.


6. (C) Attendees agreed that the evaluation process
should be forward-looking and based on objective
standards related to how the appointee is performing
his job and whether he has any committed any
excludable action since being appointed to his
position. These would presumably include ties to
drug smuggling, evidence of corruption, support for
illegally armed groups, and similar activity. Since
the people whose human rights records are a matter
of concern have all in the past been involved in
this kind of activity, and in addition none or few
are likely to perform well on the job, the
international community is hopeful that the
Probation Board will be in a position to have all
the problematic appointees fired within four months
if not sooner. (Note: A working group will be
formed from CFC-A, CSTC-A, U.S. Embassy, ISAF,
UNAMA, EU, and countries with relevant PRTs to
monitor and evaluate the appointees, and report to
the Probation Board. End note.)

Human Rights Concerns
--------------


7. (C) It was recognized that the Probation Board
may not, in the end, be sufficient to remove some of
the real problem cases. In the meeting we argued,
and the group agreed, that there is a political
element here that must be recognized, and political
problems may still have to be worked at the
political level. Especially since almost all the
really bad appointments are of are former mujahedin
fighters, their cases will have to be handled
carefully to avoid an ethnically-based backlash.
For this reason, we made clear to the international
community that it is critical to keep the Probation
Board process objective, transparent, and
apolitical. We will also need to engage closely,

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through CSTC-A, with the Ministry of Interior, to
make sure the review has full Afghan participation,
so that it is not seen as the international
community imposing its will on a recalcitrant GOA.
Ambassador Frick agreed with this approach but noted
that Berlin must agree also and is very concerned
that the candidates with really bad human records
must go. We agree. The manner of getting to that
goal and other are still open points that can be
finessed over time. For now, we are off to a good
start. We,ll continue to work the details over the
coming week in order to move ahead quickly.
NEUMANN