INTERNATIONAL COMMUNITY DEBATES ACTION ON AFGHAN

C O N F I D E N T I A L KABUL 000539 SIPDIS NOFORN DEPT FOR SA/FO AMBASSADOR QUINN, S/CT, SA/A NSC FOR AHARRIMAN, KAMEND CENTCOM FOR POLAD, CG CFC-A, CG CJTF-76 TREASURY FOR LMCDONALD, WBALDRIDGE, APARAMESWARAN, ABAUKOL STATE PLEASE PASS USAID USAID FOR AID/ANE, AID/DCHA/DG E.O. 12958: DECL: 02/07/2016 TAGS: PGOV PREL PINR KDEM AF SUBJECT: INTERNATIONAL COMMUNITY DEBATES ACTION ON AFGHAN SUPREME COURT NOMINATION PROCESS Classified By: AMB RONALD NEUMANN FOR REASONS 1.4 (B) AND (D) ¶1. (C) SUMMARY. Poloff attended a January 18 meeting to discuss the possibility of a shake up in the Supreme Court and how the international community should react. Beyond general agreement that they would support a transparent process and qualified candidates, viewpoints diverged on how best to bring about the end-state. Meanwhile, President Karzai made clear to the Ambassador that he is weighing options in this regard. END SUMMARY. ¶2. (C) Representatives from Canada, Norway, Italy, the EU, UNAMA, UNIFEM, and the US met to discuss whether the international community should take action to influence the future makeup of the Supreme Court. UN Representatives pointed out that seven of the nine current members did not meet the criteria for appointment spelled out in the Constitution. In addition, most agreed that the Supreme Court had not acted independently, impartially, or in accordance with its mandate (e.g., banning cable television and arresting journalists.) The meeting participants agreed that they supported a transparent nomination process and one that yielded an unbiased, diverse, legally experienced, independent, and honest group of nominees. Beyond this consensus, different views emerged on such additional screening methods as financial disclosure requirements, public hearings, and other background information. ¶3. (SBU) Participants have since been trying to gain support for a joint demarche to President Karzai, but the U.S. has declined to participate. Many Afghan and international groups have already presented Karzai with lists of suggested candidates (e.g., the EUSR, Afghan Lawyers Union, UNAMA, and members of the religious community). The President has not yet commented publicly on whether he will replace any of the current justices, although there are rumors that he is considering keeping Chief Justice Shinwari in his position. ¶4. (C/NF) President Karzai told Ambassador Neumann February 5 that he is aware of concerns about the tenor of the Supreme Court and Chief Justice Shinwari: the problem is that Shinwari serves a useful purpose in helping Karzai to "manage" conservative mullahs. Karzai feels this is essential to counter-balance Islamic radicalism. The withdrawal of confidence in the government by the mullahs, in Karzai's view, was part of the cause of the failure of Afghan communists as well as King Amanullah. Karzai is considering options to strengthen the court and make it more progressive, including: (1) keeping Shinwari, but naming much more competent and progressive judges to all other Supreme Court positions; and (2) giving Shinwari a job out of Afghanistan. Karzai is consulting reform candidates for views. ¶5. (C) Comment: This is a complicated issue involving both the critical judicial sector and political stability issues. The Ambassador is in close consultation with Karzai. End Comment. NEUMANN