POST VIEWS ON PRESSURING EU EXTRADITIONS

UNCLAS SECTION 01 OF 02 KABUL 005610

SIPDIS

SIPDIS, SENSITIVE

STATE FOR SCA/FO (DAS GASTRIGHT),SCA/A, S/CRS,
SCA/PB, S/CT, EUR/RPM
NSC FOR AHARRIMAN
OSD FOR MKIMMITT
CENTCOM FOR CG CFC-A, CG CJTF-76, POLAD

E.O. 12958 N/A
TAGS: PREL PGOV PTER AF
SUBJECT: POST VIEWS ON PRESSURING EU EXTRADITIONS

Ref: A) Emails between Temin Nusraty (SCA/A) and Gary
Peters (ROL Coordinator) Notal


1. (SBU) SUMMARY: In response to ref requests from
SCA/A, Post has reviewed the issue of encouraging EU
members to increase the number of extradition requests
made to the GoA. While post recognizes the importance
of bringing criminals to justice, we do not believe
that substantially increasing the number of
extraditions will help the situation on the ground,
and in contrast, could potentially undermine the
Karzai government. END SUMMARY.


2. (SBU) Refs requested Embassy views on the issue of
encouraging the USG and EU members to substantially
increase the number of extradition requests to the GoA
for crimes that could be prosecuted elsewhere.


3. (SBU) Embassy Kabul does not agree with the
proposal to use extraditions to relieve the strains on
an overburdened or inadequate judicial system. In our
view, extraditions should be the rare exception and
not the rule. Extradition is certainly a tool that may
be helpful in exceptional cases. However, Post
believes that the primary focus should be on building
Afghan capacity in counter-narcotics and, more
fundamentally, in justice and governance as a whole.
Frequent extraditions would undermine faith of Afghans
in the effectiveness of their own justice system and
reinforce existing perceptions that their real
governance is coming from the West.


4. (SBU) Frequent extraditions could also erode
popular support for Karzai. Supporters of those
extradited will be inclined to believe their offenses
were political and not criminal -- possibly offenses
against the international community but not against
Afghanistan. The Afghans would miss the learning and
confidence building experience of seeing evidence
presented in open court and would fall back, as they
do now in virtually all terrorist detention cases, on
the allegation that the arrest is mistaken,
politically inspired or results from tribal (or
international) enemies concocting a case.


5. (SBU) The Afghan heroin problem affects Europe more
than the US. Thus, there will be relatively few cases
that would lead to extradition to the U.S. EU members
will act in their own interest without US direction
and any pressure from us could be ill-received and
counter-productive. We note that many EU countries
lack effective extradition procedures.


6. (SBU) There are also pending extradition
regulations that are now under consideration by the
Taqnin. While there has been some support in
Washington for proceeding on this issue by way of
regulation instead of law in the interests of time and
efficiency, Post believes that proceeding by way of a
law is essential, at least as to the fundamental
principles and policy questions involved. To do
otherwise is likely to insult and anger the Parliament
and to set back Afghan political support for Karzai,
Sabit and the issue of extradition itself. However, we
do agree that a law should focus on the essential
principles and that there is certainly a role for
using regulations as an implementing mechanism once
the law is passed. Historically, Afghans have been
inclined to use law exclusively. This has produced
some very inflexible mechanisms.


7. (SBU) COMMENT: The reality here is that there will

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be relatively few high-level cases for trial in the
near future. The Afghans have to learn by doing,
including taking on difficult cases. We can help them
in that learning process, but not by taking it over
from them or recommending procedures that would
circumvent their legislative processes. END COMMENT.

NEUMANN