PRT/GHAZNI: JUSTICE REFORMS MAINTAIN MOMENTUM

UNCLAS SECTION 01 OF 02 KABUL 000538

SIPDIS


DEPT FOR SA/FO AMBASSADOR QUINN, S/CT, SA/A, G KATE
FRIEDRICH, G/IWI CHARLOTTE PONTICELLI AND DIANNE GRAHAM
NSC FOR AHARRIMAN, KAMEND
CENTCOM FOR POLAD, CG CFC-A, CG CJTF-76
TREASURY FOR LMCDONALD, WBALDRIDGE, APARAMESWARAN, ABAUKOL
STATE PASS USAID FOR AID/ANE, AID/DCHA/DG

E.O. 12958: N/A
TAGS: PREL PGOV KDEM PGOV KDEM AF AFPREL
SUBJECT: PRT/GHAZNI: JUSTICE REFORMS MAINTAIN MOMENTUM

REF: KABUL 5234


1. SUMMARY: The Ghazni Judicial Conference, held December
14-15, 2005, brought key GOA officials from the Supreme
Court, Ministry of Justice and Ministry of Interior to Ghazni
to meet with provincial justice officials and to rview how
well the Ghazni justice system complies with proper judicial
procedures (REFTEL). The conference was facilitated by
CFC-A, USAID, DoS (INL/JSSP),and the Ghazni PRT. All
participants considered the conference a success, in that it
identified material and procedural problems and opened lines
of communication between the central and provincial
governments. Participants identified several action items
for improving coordination within the Ghazni justice system,
especially in regard to ensuring that prisoners' cases are
processed within the legal time limits allotted by law. It
was agreed that Kabul officials would return to Ghazni in
mid-February for a 60-day follow-up meeting; in the meantime,
PRT Ghazni is meeting with justice officials to check on
progress and help sustain momentum. END SUMMARY.

PRT FOLLOW-UP
=============


2. Over the last two weeks PRT officers, including CDR and
Department of State representative, have met with the Ghazni
Chief Prosecutor, Assistant Prosecutor, Chief Judge, Deputy
Police Chief (the Police Chief had not yet returned from the
hajj),and the Prison Director. We have also visited the
Ghazni Provincial Prison to monitor the conditions of
prisoners. During these visits, we discussed with each
official what actions they have taken since the December
conference, and provided them with copies of the minutes
generated by the Ministry of Justice for the December
meeting. None of the Ghazni officials had received the
minutes through their own government channels.

ACTIONS TAKEN SINCE LAST MEETING
================================


3. Ghazni provincial officials have formed an
inter-departmental judicial committee that meets weekly to
identify problems, coordinate procedures and review
individual prisoners, cases. The committee consists of the
Chief Judge (chair),Deputy Police Chief, Assistant
Prosecutor, and Prison Director. The committee has met twice
so far (they missed a couple of weeks because of Eid),and is
working on a report identifying procedural problems in
Ghazni. The report will be forwarded to the Supreme Court
and Ministries of Justice and Interior in Kabul. At our
meeting with the committee, we noted that its establishment
seems to have resulted in more collegial working
relationships and a palpable sense of enthusiasm, although
concrete results are limited this early in the process.


4. PRT has delivered three whiteboards and a set of
whiteboard markers to the Ghazni provincial prison. As
agreed at the conference, these whiteboards will be posted in
the main cellblock, where prisoners can see them. Prison
officials will post on the boards the timeline for each
prisoner's case - i.e. arrest date, 30-day prosecution
period, 30-day court period, etc. This will allow prisoners
to keep track of whether they are being held within the
lawful time periods.


5. PRT has also delivered USAID-printed basic legal texts to
the Ghazni Chief Prosecutor, Chief Judge, and the prison, and
to district centers. We also provided about 200 copies of a
card which outlines prisoners, rights in Pashto and Dari to
the Ghazni Prison, to be given to each prisoner when he or
she arrives.


6. PRT and CFC-A have discussed the possibility of a "mobile
court" concept for Ghazni and/or Wardak, which would begin to
address one of the justice system's most pressing problems --
transportation. Further work is needed in this area,
specifically caseload statistics by district so that we can
determine how many vehicles might be necessary.
DEPT FOR SA/FO AMBASSADOR QUINN, S/CT, SA/A, G KATE
FRIEDRICH, G/IWI CHARLOTTE PONTICELLI AND DIANNE GRAHAM
NSC FOR AHARRIMAN, KAMEND
CENTCOM FOR POLAD, CG CFC-A, CG CJTF-76
TREASURY FOR LMCDONALD, WBALDRIDGE, APARAMESWARAN, ABAUKOL
STATE PASS USAID FOR AID/ANE, AID/DCHA/DG

E.O. 12958: N/A
TAGS: PREL PGOV KDEM PGOV KDEM AF AFPREL
SUBJECT: PRT/GHAZNI: JUSTICE REFORMS MAINTAIN MOMENTUM


7. PRT provided copies of the minutes from the December
conference to the Ghazni governor, justice officials, and to
the Ghazni Provincial Council.

REMAINING QUESTIONS
===================


8. Most of the action items identified at the December
conference were procedural issues which require resolution at
the ministry level in Kabul. One key question is which
judicial department has the authority to release prisoners
who have been held longer than the legal time limits. We
look forward to updates on these action items at the 60-day
follow-up meeting in February.
NEUMANN