Identifier
Created
Classification
Origin
06KABUL563
2006-02-08 11:06:00
UNCLASSIFIED
Embassy Kabul
Cable title:
Justice Sector Support Project Progress Report
how-toThis record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 04 KABUL 000563
SIPDIS
DEPARTMENT FOR INL/FO AND SA/FO AMB QUINN
NSC FOR AHARRIMAN/KAMEND
E.O. 12958 N/A
TAGS: SNAR PREL PGOV PTER KCRM AF
SUBJECT: Justice Sector Support Project Progress Report
UNCLAS SECTION 01 OF 04 KABUL 000563
SIPDIS
DEPARTMENT FOR INL/FO AND SA/FO AMB QUINN
NSC FOR AHARRIMAN/KAMEND
E.O. 12958 N/A
TAGS: SNAR PREL PGOV PTER KCRM AF
SUBJECT: Justice Sector Support Project Progress Report
1. (U) Summary: In the July 2005 launch, the Chief of Team,
three embedded advisors (two in the Ministry of Justice, one
assigned to the Prison Director and one assigned to the
Minister, and one in the Attorney Generals Office) and three
legal experts (legal trainer, criminal justice, and criminal
defense attorney mentor) arrived in Afghanistan. The fourth
embedded advisor (Ministry of Interior and Attorney Generals
Office Coordinator) arrived in early October. The cable
highlights JSSPs accomplishments and significant findings to
date. End Summary
Work with the Afghan Attorney Generals Office (AGO)
-------------- --------------
2. (U) JSSP has completed a comprehensive assessment of the
AGO organization and operational capacity, including legal
framework, organizational, resource and personnel constraints
and limitations, mapping out and constructing a detailed
organization chart of the AGO to understand the current
structure and enable further work on structure. JSSP also
contributed to the German Police Project Offices Police
Guidelines for Discovery, Investigation and Coordination with
the Investigating Prosecutors.
3. (U) JSSP is assisting the AGO in creating personnel records
for all prosecutors in Afghanistan, containing data on their
heir
educational backgrounds, skills, and training received.
Provincial Justice Reform Projects
--------------
4. (U) JSSP spear-headed the Wardak Justice Reform Project, a
multi-agency development effort bringing together USG and
Afghan officials, from Kabul and Wardak, to improve and reform
the criminal justice sector in the Wardak Province. The
Project will bring the full spectrum of USG community
resources (infrastructure projects, public education,
training, etc.),along with international assistance, across
all components of the Wardak justice system, resulting in an
efficient system that functions and will serve as a model for
other provinces. Subcommittees, under the guidance of JSSP
experts and Afghan leaders, are developing and will implement
a comprehensive strategy for increasing successful
prosecutions and strengthening the organizational structure of
the provincial prison. USAID will fund the building of a
courthouse and CFC-A will fund the building of a new
Prosecutors Office. In three months, the group will have a
full understanding of the inmate population, along with a plan
on how to address over-detention and other problems.
5. (U) Modeled after the Wardak project, the Ghazni Project
was only recently initiated (December 2005). Future
activities of this kind will launch in February/March.
Corrections
--------------
6. (U) JSSP coordinated the development of the design of the
National Provincial Prisons-Detention Centers Survey. JSSP
experts provided analysis and input on the criminal justice
system aspects of the survey. The actual surveying, funded by
CFC-A, was completed at the end of January and the final
document is expected in February. Deputy Minister of Justice
Hashimzai was provided a summary of the survey, for
presentation at the London Conference in January.
7. (U) JSSP integrated nearly all USG and international
corrections planning, construction and training into one
Afghan-led working group. JSSP laid the foundation for the
launching of the Corrections Sector Support Project (CSSP),
which occurred in January 2006. A separate cable on the CSSP
to follow.
Afghan Defense Attorneys
--------------
8. (U) JSSP is facilitating, in collaboration with Afghan
NGOs, Afghan defense attorneys, and the international
community, the creation of an independent, national and
compulsory bar association in Afghanistan to assist in
improving an attorneys ability to effectively advocate on
behalf of the accused. Currently, a poorly maintained quasi-
mandatory licensing structure is within the competence of the
Ministry of Justice, which negatively impacts the right to
legal aid, in part due to the requirement that defense
attorneys enter into a Sharia contract.
9. (U) JSSP has taken a leadership role in assisting Afghan
defense attorneys organize and develop training curricula in
order to improve due process in the criminal justice system.
The first in a series of workshops was hosted by JSSP with
th
Afghan defense attorneys, initially providing them with a
forum to discuss the difficulties they face when dealing with
police and prosecutors, including widespread disregard for
criminal procedure law, lack of qualified legal professionals
at every level, violation of legal and human rights, and the
routine use of torture and coercion against the accused.
10. (U) JSSP will be overseeing the work of Global Rights
Legal Internship teams and mentors, providing professional
training to improve capacity and skills.
Donor Funding
--------------
11. (U) JSSP facilitated a grant of $400,000 from CFC-A to
support Qanon Satonkay, an Afghan legal defense organization,
to enhance capacity and improve its ability to offer services
to needy Afghan clients.
Laws
--------------
12. (U) JSSP has assumed a leadership role in the revision of
the draft Law on the Organization and Structure of the
Attorney Generals Office (AGO). Persuaded by the JSSP
Embedded Advisor to the AGO, the AGO formally withdrew the
draft law from the legislative process to allow for the
redress of multiple problems and allow for input from the
international community. The Advisor was thereafter appointed
to the internal AGO Committee responsible for drafting the
law, where he has been able to successfully propose
significant revisions, incorporating human rights standards to
protect victims, American standards of prosecutorial
independence, duties and protections, and provisions on
appointment, tenure protections and qualifications of
prosecutors, as well as standards to protect victims. Despite
initial resistance, the Advisor has persuaded the AGO to
consider forming vertical prosecutions and/or special
divisions/task forces in specialized areas, such as,
corruption and financial crimes, war crimes, and AGO
investigation of prosecutor discipline and ethics violations.
Resubmission of the law to the legislative process is expected
within the next two months.
Criminal Procedure Code
--------------
13. (U) The JSSP, as a member of an internal working group,
has been a major contributor in evaluating and proposing
improvements to the Interim Criminal Procedure Code (ICPC).
The group is articulating problems with the Code and drafting
solutions, which will be presented to the Attorney General.
JSSP is also coordinating comments and recommendations on the
Code from professors at the Faculty of Law and Economics and
the Sharia Faculty.
14. (U) Preparations are underway for the formation of a
working group, to be comprised of Afghan and international
experts, to draft a new Criminal Procedure Code. JSSP has
been invited to participate in that working group.
Legal Education and Training
--------------
15. (U) JSSP conducted an assessment of the training done by
Afghans and international donors, what is needed, and the
state of post-university legal education. The assessment
revealed a number of misunderstandings and choke-points that
must be addressed to create a functional Afghan criminal
justice system. For example, formal legal education in
Afghanistan has never been designed to produce a qualified
entry-level prosecutor. Rather, a specialized, post-graduate
training known as the stage was an additional requirement.
However, during the years of conflict, the stage was
destroyed. At the invitation of the AGO, JSSP is part of the
team developing course materials and a model curriculum to
reestablish the stage for prosecutors. The curriculum is
expected to be approved by the AGO by mid to late February.
16. (U) The assessment also revealed that training received by
prosecutors is of poor quality, unfocused, repetitive and
oftentimes lacks an appreciation of both the substance and
realities of Afghan law and practice, which is a result of the
AGO having no control over or not tracking the training. At
the invitation of the AGO, JSSP is part of the team developing
oping
standardized curriculum for prosecutors and in embedding an
AGO training committee, responsible for drafting standard
operating procedures for approving and tracking curriculum,
course materials, as well as, tracking attendees and trainers.
Training
--------------
17. (U) JSSP trainers have trained: 25-30 prosecutors on
Advanced Investigation and Prosecuting Corruption & Financial
Crimes (6 day program); 20 women defense lawyers on the
functions and roles of an independent bar association (2
days); 15 law professors on the basic differences between the
Afghan Interim Criminal Procedure Code and the U.N. approved
Criminal Procedure Code and the effects on human rights (1
day); 25 prosecutors on Investigation and Prosecution of Rape,
Sexual Assault and Domestic Violence under Afghan Criminal
Procedure and Law (2 days); 22 private and government lawyers
on Bar Governance (1 day); 25-30 private and government
lawyers on Organizational Development (1 day); 25-30 private
and government lawyers on Codes of Conduct and Professional
Responsibility; nine law school professors and 3-4 selected
law students on the form of analysis applied by Sharia
scholars who support human rights (1 day); and 30 prosecutors
on criminal procedure (7 day program).
18. (U) JSSP has led the development of the Governing Charter,
as well as, operational aspects of the National Legal Training
Center (NLTC),a multi-story training facility being
constructed by the Italian government and UNOPS on the campus
of the University of Kabul. JSSP will provide $100,000 to
furnish the facility upon completion of construction, expected
November 2006.
19. (U) In support of the Supreme Courts initiative to
reestablish the stage for judges, JSSP provided classroom
supplies.
Other activities
--------------
20. (U) JSSP assisted the Minister of Justice in developing
the Justice for All Framework (JFA),a 10-year justice sector
strategy, which was approved by the GOA (Cabinet) in October
2005.
5.
21. (U) JSSP Experts are permanent members of Justice
Consultative Working Groups (JCWG),created by the MOJ to
draft legal benchmarks and indicators for his presentation at
the London Conference, as well as for, inclusion in the
Afghanistan National Development Strategy. The JCWG are also
in the process of developing comprehensive strategies,
including detailed analyses, cost analyses, and donor
commitments, for the necessary reforms identified in the JFA.
22. (U) JSSP has been monitoring the case of an inmate death
with implications of corruption at the highest level in the
Kabul Police Station. JSSP is regularly called on by Embassy
officials for legal assistance concerning the Afghan criminal
justice sector.
Projects under development
--------------
23. (U) A functional AGO law library, including space,
furniture, lamps, generator, photocopy machine, and
translations of international standards, obscure Afghan
criminal laws and government/administrative documents, and
international criminal law conventions of concern to AGO
prosecutors.
24. (U) Archive system and location, with file cabinets,
files, to unite the disparate filing locations for each
Department/Division within the AGO.
25. (U) Provide investigating prosecutors with cameras, film
(or digital and printer) telephones and phone cards for
communication with the police.
26. (U) Publication and distribution in Dari of applicable
laws to all prosecutors, including the ICPC, 1965/1974 CPC (as
some parts still used to fill gaps in the ICPC),1976 Penal
Code, various criminal laws (former and reformed),and various
other laws needed, such as Government Procurement Laws.
27. (U) JSSP is developing a project proposal to translate
international laws and treaties into Dari and Pashtu and
publish 10,000 hard bound copies of these texts. Funding is
being sought for this project.
28. (U) Comment: The JSSP is functional and has become fully
entrenched in the Afghan justice sector, seeking to address
gaps in training and to build institutional capacity in
Afghanistans nascent judicial and prosecutorial institutions.
INL is closely monitoring its efforts and will work with the
Chief of Party to ensure that the JSSP provides targeted
assistance as outlined in the project plan. Post will provide
regular progress reports on the work of the JSSP. End Comment.
NEUMANN
6
SIPDIS
DEPARTMENT FOR INL/FO AND SA/FO AMB QUINN
NSC FOR AHARRIMAN/KAMEND
E.O. 12958 N/A
TAGS: SNAR PREL PGOV PTER KCRM AF
SUBJECT: Justice Sector Support Project Progress Report
1. (U) Summary: In the July 2005 launch, the Chief of Team,
three embedded advisors (two in the Ministry of Justice, one
assigned to the Prison Director and one assigned to the
Minister, and one in the Attorney Generals Office) and three
legal experts (legal trainer, criminal justice, and criminal
defense attorney mentor) arrived in Afghanistan. The fourth
embedded advisor (Ministry of Interior and Attorney Generals
Office Coordinator) arrived in early October. The cable
highlights JSSPs accomplishments and significant findings to
date. End Summary
Work with the Afghan Attorney Generals Office (AGO)
-------------- --------------
2. (U) JSSP has completed a comprehensive assessment of the
AGO organization and operational capacity, including legal
framework, organizational, resource and personnel constraints
and limitations, mapping out and constructing a detailed
organization chart of the AGO to understand the current
structure and enable further work on structure. JSSP also
contributed to the German Police Project Offices Police
Guidelines for Discovery, Investigation and Coordination with
the Investigating Prosecutors.
3. (U) JSSP is assisting the AGO in creating personnel records
for all prosecutors in Afghanistan, containing data on their
heir
educational backgrounds, skills, and training received.
Provincial Justice Reform Projects
--------------
4. (U) JSSP spear-headed the Wardak Justice Reform Project, a
multi-agency development effort bringing together USG and
Afghan officials, from Kabul and Wardak, to improve and reform
the criminal justice sector in the Wardak Province. The
Project will bring the full spectrum of USG community
resources (infrastructure projects, public education,
training, etc.),along with international assistance, across
all components of the Wardak justice system, resulting in an
efficient system that functions and will serve as a model for
other provinces. Subcommittees, under the guidance of JSSP
experts and Afghan leaders, are developing and will implement
a comprehensive strategy for increasing successful
prosecutions and strengthening the organizational structure of
the provincial prison. USAID will fund the building of a
courthouse and CFC-A will fund the building of a new
Prosecutors Office. In three months, the group will have a
full understanding of the inmate population, along with a plan
on how to address over-detention and other problems.
5. (U) Modeled after the Wardak project, the Ghazni Project
was only recently initiated (December 2005). Future
activities of this kind will launch in February/March.
Corrections
--------------
6. (U) JSSP coordinated the development of the design of the
National Provincial Prisons-Detention Centers Survey. JSSP
experts provided analysis and input on the criminal justice
system aspects of the survey. The actual surveying, funded by
CFC-A, was completed at the end of January and the final
document is expected in February. Deputy Minister of Justice
Hashimzai was provided a summary of the survey, for
presentation at the London Conference in January.
7. (U) JSSP integrated nearly all USG and international
corrections planning, construction and training into one
Afghan-led working group. JSSP laid the foundation for the
launching of the Corrections Sector Support Project (CSSP),
which occurred in January 2006. A separate cable on the CSSP
to follow.
Afghan Defense Attorneys
--------------
8. (U) JSSP is facilitating, in collaboration with Afghan
NGOs, Afghan defense attorneys, and the international
community, the creation of an independent, national and
compulsory bar association in Afghanistan to assist in
improving an attorneys ability to effectively advocate on
behalf of the accused. Currently, a poorly maintained quasi-
mandatory licensing structure is within the competence of the
Ministry of Justice, which negatively impacts the right to
legal aid, in part due to the requirement that defense
attorneys enter into a Sharia contract.
9. (U) JSSP has taken a leadership role in assisting Afghan
defense attorneys organize and develop training curricula in
order to improve due process in the criminal justice system.
The first in a series of workshops was hosted by JSSP with
th
Afghan defense attorneys, initially providing them with a
forum to discuss the difficulties they face when dealing with
police and prosecutors, including widespread disregard for
criminal procedure law, lack of qualified legal professionals
at every level, violation of legal and human rights, and the
routine use of torture and coercion against the accused.
10. (U) JSSP will be overseeing the work of Global Rights
Legal Internship teams and mentors, providing professional
training to improve capacity and skills.
Donor Funding
--------------
11. (U) JSSP facilitated a grant of $400,000 from CFC-A to
support Qanon Satonkay, an Afghan legal defense organization,
to enhance capacity and improve its ability to offer services
to needy Afghan clients.
Laws
--------------
12. (U) JSSP has assumed a leadership role in the revision of
the draft Law on the Organization and Structure of the
Attorney Generals Office (AGO). Persuaded by the JSSP
Embedded Advisor to the AGO, the AGO formally withdrew the
draft law from the legislative process to allow for the
redress of multiple problems and allow for input from the
international community. The Advisor was thereafter appointed
to the internal AGO Committee responsible for drafting the
law, where he has been able to successfully propose
significant revisions, incorporating human rights standards to
protect victims, American standards of prosecutorial
independence, duties and protections, and provisions on
appointment, tenure protections and qualifications of
prosecutors, as well as standards to protect victims. Despite
initial resistance, the Advisor has persuaded the AGO to
consider forming vertical prosecutions and/or special
divisions/task forces in specialized areas, such as,
corruption and financial crimes, war crimes, and AGO
investigation of prosecutor discipline and ethics violations.
Resubmission of the law to the legislative process is expected
within the next two months.
Criminal Procedure Code
--------------
13. (U) The JSSP, as a member of an internal working group,
has been a major contributor in evaluating and proposing
improvements to the Interim Criminal Procedure Code (ICPC).
The group is articulating problems with the Code and drafting
solutions, which will be presented to the Attorney General.
JSSP is also coordinating comments and recommendations on the
Code from professors at the Faculty of Law and Economics and
the Sharia Faculty.
14. (U) Preparations are underway for the formation of a
working group, to be comprised of Afghan and international
experts, to draft a new Criminal Procedure Code. JSSP has
been invited to participate in that working group.
Legal Education and Training
--------------
15. (U) JSSP conducted an assessment of the training done by
Afghans and international donors, what is needed, and the
state of post-university legal education. The assessment
revealed a number of misunderstandings and choke-points that
must be addressed to create a functional Afghan criminal
justice system. For example, formal legal education in
Afghanistan has never been designed to produce a qualified
entry-level prosecutor. Rather, a specialized, post-graduate
training known as the stage was an additional requirement.
However, during the years of conflict, the stage was
destroyed. At the invitation of the AGO, JSSP is part of the
team developing course materials and a model curriculum to
reestablish the stage for prosecutors. The curriculum is
expected to be approved by the AGO by mid to late February.
16. (U) The assessment also revealed that training received by
prosecutors is of poor quality, unfocused, repetitive and
oftentimes lacks an appreciation of both the substance and
realities of Afghan law and practice, which is a result of the
AGO having no control over or not tracking the training. At
the invitation of the AGO, JSSP is part of the team developing
oping
standardized curriculum for prosecutors and in embedding an
AGO training committee, responsible for drafting standard
operating procedures for approving and tracking curriculum,
course materials, as well as, tracking attendees and trainers.
Training
--------------
17. (U) JSSP trainers have trained: 25-30 prosecutors on
Advanced Investigation and Prosecuting Corruption & Financial
Crimes (6 day program); 20 women defense lawyers on the
functions and roles of an independent bar association (2
days); 15 law professors on the basic differences between the
Afghan Interim Criminal Procedure Code and the U.N. approved
Criminal Procedure Code and the effects on human rights (1
day); 25 prosecutors on Investigation and Prosecution of Rape,
Sexual Assault and Domestic Violence under Afghan Criminal
Procedure and Law (2 days); 22 private and government lawyers
on Bar Governance (1 day); 25-30 private and government
lawyers on Organizational Development (1 day); 25-30 private
and government lawyers on Codes of Conduct and Professional
Responsibility; nine law school professors and 3-4 selected
law students on the form of analysis applied by Sharia
scholars who support human rights (1 day); and 30 prosecutors
on criminal procedure (7 day program).
18. (U) JSSP has led the development of the Governing Charter,
as well as, operational aspects of the National Legal Training
Center (NLTC),a multi-story training facility being
constructed by the Italian government and UNOPS on the campus
of the University of Kabul. JSSP will provide $100,000 to
furnish the facility upon completion of construction, expected
November 2006.
19. (U) In support of the Supreme Courts initiative to
reestablish the stage for judges, JSSP provided classroom
supplies.
Other activities
--------------
20. (U) JSSP assisted the Minister of Justice in developing
the Justice for All Framework (JFA),a 10-year justice sector
strategy, which was approved by the GOA (Cabinet) in October
2005.
5.
21. (U) JSSP Experts are permanent members of Justice
Consultative Working Groups (JCWG),created by the MOJ to
draft legal benchmarks and indicators for his presentation at
the London Conference, as well as for, inclusion in the
Afghanistan National Development Strategy. The JCWG are also
in the process of developing comprehensive strategies,
including detailed analyses, cost analyses, and donor
commitments, for the necessary reforms identified in the JFA.
22. (U) JSSP has been monitoring the case of an inmate death
with implications of corruption at the highest level in the
Kabul Police Station. JSSP is regularly called on by Embassy
officials for legal assistance concerning the Afghan criminal
justice sector.
Projects under development
--------------
23. (U) A functional AGO law library, including space,
furniture, lamps, generator, photocopy machine, and
translations of international standards, obscure Afghan
criminal laws and government/administrative documents, and
international criminal law conventions of concern to AGO
prosecutors.
24. (U) Archive system and location, with file cabinets,
files, to unite the disparate filing locations for each
Department/Division within the AGO.
25. (U) Provide investigating prosecutors with cameras, film
(or digital and printer) telephones and phone cards for
communication with the police.
26. (U) Publication and distribution in Dari of applicable
laws to all prosecutors, including the ICPC, 1965/1974 CPC (as
some parts still used to fill gaps in the ICPC),1976 Penal
Code, various criminal laws (former and reformed),and various
other laws needed, such as Government Procurement Laws.
27. (U) JSSP is developing a project proposal to translate
international laws and treaties into Dari and Pashtu and
publish 10,000 hard bound copies of these texts. Funding is
being sought for this project.
28. (U) Comment: The JSSP is functional and has become fully
entrenched in the Afghan justice sector, seeking to address
gaps in training and to build institutional capacity in
Afghanistans nascent judicial and prosecutorial institutions.
INL is closely monitoring its efforts and will work with the
Chief of Party to ensure that the JSSP provides targeted
assistance as outlined in the project plan. Post will provide
regular progress reports on the work of the JSSP. End Comment.
NEUMANN
6