LEAHY AMENDMENT GUIDANCE FOR POLICE HUMAN RIGHTS

C O N F I D E N T I A L SECTION 01 OF 03 KABUL 003019

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E.O. 12958: DECL: 06/21/2016
TAGS: PGOV ASEC KCRS AF
SUBJECT: LEAHY AMENDMENT GUIDANCE FOR POLICE HUMAN RIGHTS

REF: A) KABUL 2736 B) KABUL 2857 C) STATE 30101

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


1. (U) This is an action request, see para 5.


2. (SBU) As reported ref a, the recent list of 86 senior
Afghan National Police officers, as promulgated by the GOA,
contained the names of 14 individuals who did not
successfully pass the MOI rank reform Selection Board review
process. These names were added late by senior GOA
official/s. Four of the individuals scored badly on the rank
reform written/oral examination but no derogatory human
rights information has been discovered regarding them.
However, UNAMA has found derogatory information on 10 of the
individuals. All 14 individuals are briefly described below,
para 6. The full list of 86 names will be sent septel for
Washington Leahy vetting.


3. (C) Ref b describes the Probation Board process for these
14 individuals. The process is designed to last four months,
beginning o/a July 6 at the end of which time the Board is
expected to present its recommendation to Minister of
Interior Zarar Moqbil. It is hoped that most or all of the
individuals will not be able to pass the Board assessment,
and that Zarar will agree with the Board's recommendation to
fire them. However, we cannot be sure of this. If any of
these candidates remains in place, post assumes that there
will be consequences under the Leahy amendment. Post needs
to prepare the GOA at the political level against these
consequences. In particular, President Karzai will have to
be informed that the USG may be compelled under U.S. law to
take certain actions if these people are retained in senior
ANP positions.


4. (SBU) After referring to the Department's Guide to Leahy
Vetting as well as ref c, the existing guidelines do not
appear to offer sufficient guidance to post. The situation
is not one where a name can be removed from a list for a
training course, since the training/mentoring is ANP-wide and
the individual is in a leadership position in the ANP.


5. (SBU) Action request: Post requests clarification
regarding the consequences of the appointment to senior ANP
positions of individuals with human rights records like those
listed below. Please also clarify whether these consequences
would apply only to the individuals or also to the units they
command, and if so define the term unit in this context. We
would also like to understand whether the consequences are
waiverable. If so, we would appreciate an explanation of how
that process would work. If a waiver is a non-starter, it
would be helpful to say this now rather than later.


6. (SBU) Details regarding the 14 individuals, gleaned from
UNAMA investigations, are as follows. Further information
will be emailed to the Afghanistan Desk.

- Mir Amanullah Guzar s/o Mir Abdullah, Kabul Police Chief.
Tajik from Kabul. Main commander of Shumali Plains front
during resistance to the Taliban. Evidence that he still
commands an illegal militia. Involved in drug smuggling and
other criminal activities (possibly providing armed escorts
for drug transport). Has extorted bribes. Has distributed
illegally confiscated land to relatives and supporters.
Implicated in attacks on Canadian ISAF units in the Kabul
area in 2003-04. Allegedly involved in the abduction of
three international UN workers after the Presidential
election. (MOI sources and others involved in the case at
the time confirm Guzar as "ringleader" of the abduction.)

- Mawlawi Abdul Rahman Sayyedkhel s/o Hazrat Din ) Parwan
Police Chief. Tajik from Parwan. A main commander of
Massoud during the resistance. Partner with Haji Almas (a
Member of Parliament) and Mir Amanullah Guzar in drug and
weapons smuggling and in land usurpation activities. Created
an atmosphere of fear and intimidation in Parwan. Three
verified complaints of intimidation of candidates and voters
with death threats and abusing his power to arbitrarily
detain supporters of candidates that were not among his
chosen few. Has protected individuals accused of arbitrary
detention, intimidation, rape, murder, physical intimidation,

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destruction of private property, and appropriation of land.
Informally identified as a Government Official Linked to
Illegal Armed Groups (GOLIAG).

- Ghulam Mustafa s/o Mohammad Mohsin ) Logar Police Chief.
Tajik from Baghlan. Fought on behalf of Massoud during
Taliban regime. Banned from the Wolesi Jirga 2005 elections
because of links to illegal armed groups (IAGs). Currently
heads the most powerful IAG in Baghlan. Has protected his
relatives and militiamen from being investigated for murders
that they have allegedly committed. Apparently protects his
brother Rasul, who is allegedly involved in drug trafficking.

- Abdul Basir Salangi ) Nangarhar Police Chief. Tajik from
Parwan. Joined the Taliban for a short period and then
fought against them. CoP of Kabul until March 2003, where he
appointed relatives alleged to have tortured and extorted
money from innocent people. CoP of Wardak April 2004 to
January 2006, when he was transferred to Nangarhar. In
Wardak, maintained ties to known criminals. During the Kabul
University protests in mid-2002, he allegedly ordered troops
to open fire against the students. Several students were
killed and some were detained and tortured, reportedly under
his orders. Appears to have been intimately involved in
forced evictions and destruction of houses in Shirpur.
Allegedly part of a drug trafficking circle.

- Faziluddin Aya s/o Tajudin ) Jawzjan Police Chief. Tajik
from Parwan. Close ties to Minister of Interior and other
MOI senior officials. Several reports from well-placed and
credible sources indicate protection of district police
chiefs engaged in human rights abuses and drug trafficking,
in exchange for payoffs. As Baghlan CoP, was reportedly
involved in drug trafficking, nepotism, and bribery.

- Shah Jahan Noori s/o Nasrullah ) Ghor Police Chief.
Tajik, from Takhar. Failed to arrest suspects in a murder
case even though the perpetrators were well known. Supports
the tradition of honor killings. Involved in drug trade,
corruption in appointment of district police chiefs, and
support of local warlords.

- Mohammad Leqa s/o Salim Shah ) Laghman Police Chief.
Tajik from Baghlan. One of the strongest commanders of
Baghlan province, controlling a private militia of
approximately 100 people and 200 weapons. While CoP of
Baghlan (2002-2004),police there were deeply involved in
narco-trafficking, human rights abuses, bribery, and
corruption. Oral complaints of Leqa's involvement but no
official or written complaints. In Kapisa, was thought to
direct a criminal gang but no further information available.

- Subhan Qul s/o Ibrahim ) Kabul Regional Command Deputy.
Uzbek from Takhar. Credible reports of stockpiled weapons in
contravention of DIAG. Allegedly took part in the
assassination of his colleague Piram Qul's rivals in 1989.
Complaints were received of election intimidation by Subhan
Qul's men, although no direct proof of his personal
involvement.

- Khan Mohammad s/o Dad Mohammad ) Balkh/Mazar-e Sharif
Police Chief. Alikozai Pashtun from Kandahar. Verified case
of illegal detention, June 2006: victim was locked for five
days in a bathroom, handcuffed and in cramped conditions.
Detention was linked to a debt repayment issue. Consistent
reports that Khan Mohammad operated private detention
facilities in the south. Other credible reports indicate
that he has been involved in drug smuggling, illegal
occupation of property, and bribe taking (extortion). Not
directly involved in the drug trade, but used his militias
(in military uniforms, later in police uniforms) to serve as
escorts for drug transport.

- Mohammad Nadir Fahimi s/o Mohammad Baqir ) Sar-e Pul
Police Chief. Hazara from Bamyan. Closely affiliated with
VP Khalili. He or someone under his direct command is
accused of murdering a local commander, Hasani. Led fierce
factional fighting in 1996 which caused many deaths, although
the degree of his responsibility for the murder and
displacement of residents is unclear. Allegations of abuse
of office and bribe-taking, some unconfirmed.


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- Imamudin s/o Khan Mohammad ) Badakhshan Police Chief.
Tajik from Takhar. Formerly head of Highway Police Regiment
03 (Kabul-Kandahar),in which capacity is alleged to have
inducted militiamen into the unit. Persistent reports of
involvement in heroin trafficking by Regiment 03 personnel,
apparently protected by Imamudin. Unconfirmed allegations,
while he was Mazar CoP, related to corruption, illegal
taxation at checkpoints, and permitting drug dealers to pass
through checkpoints in exchange for bribes.

- Sayed Mahbood s/o Sayed Masom ) Herat RC Deputy. Tajik
from Badakhshan. Police officer under Najibullah government.
During Taraki regime (1979-84) he was involved in the
killing and massacre of anti-Communist elements in Badakhshan
(Faizabad).

- Matiullah s/o Asadullah ) Paktia Police Chief Deputy.
Involved in a documented case of forced marriage.

- Mohammad Nawaz s/o Guhalm Haidar ) Gardez RC CID Chief.
Pashtun from Nangarhar. No derogatory information.
NORLAND