Identifier
Created
Classification
Origin
06KABUL5888
2006-12-18 09:46:00
CONFIDENTIAL
Embassy Kabul
Cable title:  

ATTORNEY GENERAL SABIT DISCUSSES CORRUPTION, RULE

Tags:  PGOV PREL AF AF KJUS 
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VZCZCXRO7678
OO RUEHWEB
DE RUEHBUL #5888/01 3520946
ZNY CCCCC ZZH
O 180946Z DEC 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4951
INFO RUCNAFG/AFGHANISTAN COLLECTIVE
RUEHZG/NATO EU COLLECTIVE
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
RUEKJCS/OSD WASHINGTON DC
RUEKJCS/SECDEF WASHINGTON DC
RUEKJCS/JOINT STAFF WASHINGTON DC
RHMFISS/HQ USCENTCOM MACDILL AFB FL
RUMICEA/JICCENT MACDILL AFB FL
RHMFISS/COMSOCCENT MACDILL AFB FL
RUCNDT/USMISSION USUN NEW YORK 3424
RUEHNO/USMISSION USNATO 3395
C O N F I D E N T I A L SECTION 01 OF 02 KABUL 005888 

SIPDIS

SIPDIS

STATE FOR SCA/FO DAS GASTRIGHT, SCA/A, S/CRS, S/CT, EUR/RPM
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR AHARRIMAN
OSD FOR KIMMITT
CENTCOM FOR CFC-A, CG CJTF-76, POLAD

E.O. 12958: DECL: 12/17/2016
TAGS: PGOV PREL KJUSAF AF
SUBJECT: ATTORNEY GENERAL SABIT DISCUSSES CORRUPTION, RULE
OF LAW WITH CODEL MCCAIN

KABUL 00005888 001.2 OF 002


Classified By: Ambassador Ronald Neumann, for reasons 1.4 (B),(D).

C O N F I D E N T I A L SECTION 01 OF 02 KABUL 005888

SIPDIS

SIPDIS

STATE FOR SCA/FO DAS GASTRIGHT, SCA/A, S/CRS, S/CT, EUR/RPM
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR AHARRIMAN
OSD FOR KIMMITT
CENTCOM FOR CFC-A, CG CJTF-76, POLAD

E.O. 12958: DECL: 12/17/2016
TAGS: PGOV PREL KJUSAF AF
SUBJECT: ATTORNEY GENERAL SABIT DISCUSSES CORRUPTION, RULE
OF LAW WITH CODEL MCCAIN

KABUL 00005888 001.2 OF 002


Classified By: Ambassador Ronald Neumann, for reasons 1.4 (B),(D).


1. (C) Summary: The Ambassador and the
Congressional delegation led by Senator John
McCain met with Attorney General Sabit on the
evening of December 15th. Sabit cited the absence
of the Rule of Law in Afghanistan as the root of
other key problems such as drugs, terrorism and
corruption. Sabit noted that his visits to
provinces with accompanying arrests are an attempt
to spread the Rule of Law outside of Kabul. The
delegation praised Sabit for his efforts but
encouraged him to develop a strategic plan and
prioritize his targets, since he lacks the
resources to prosecute all offenders. Sabit wants
to establish a separate special tribunal for
corruption. Ambassador Neumann said the AG must
form a common front with the Chief Justice on this
issue or risk dividing the international community
and weakening progress for reform. End Summary.


2. (U) Sabit cited as the key problem affecting
Afghanistan the lack of Rule of Law (ROL),and
said that establishing the ROL is the key to
combating narcotics, corruption and terrorism.
That is why he has been making his provincial
visits (seven thus far) with investigating
prosecutors, in order to "bring the ROL to the
provinces." He talked about those visits and
described them with relative degrees of success,
ranging from very little (Mazar-e-Sharif) to more
than 50 arrests resulting from his most recent
trip to Nangahar, Konar and Laghman.


3. (C) Sabit cited a number of instances where the
provincial governors had undermined his efforts,
either because the governor himself was involved
in corruption or because he was protecting one of
his political supporters. He expressed the desire
for more support from President Karzai, but he now
has more appreciation for Karzai,s position than
he did initially. Though he has requested the
U.S. (via DEA),as well as units of the GOA, to

provide him with targets for prosecution in the
Criminal Joint Task Force (CJTF),he himself
expressed a desire for starting with "soft
targets." The Ambassador promised that he would
give his support to Sabit in approaching Karzai
for prosecution with the DEA-referred cases.


4. (U) Because of the corruption he has
encountered in the provinces and among provincial
judges, Sabit has been trying to get the Chief
Justice to agree to a change in venue to Kabul for
the most significant cases, where they can be more
closely monitored. However, he says he can not do
this in every case. (Note: Sabit informed the
Embassy the following day that the Chief Justice
had denied his attempt to change the venue of the
cases filed in Nangahar Province. We are seeking
the Chief Justice,s views and caution against any
immediate interpretation. End note.)


5. (C) For a number of reasons, including the
change of venue problem, Sabit would like to
establish an anti-corruption task force modeled
after the CJTF, including a special court. He can
do this without significant financial aid from the
international community, but he feels that he
needs the Ambassador,s support in order to
persuade Karzai to approve the proposal. The
Ambassador made it clear that he is intrigued by
the idea but wanted Sabit to discuss the matter

KABUL 00005888 002 OF 002


first with the Chief Justice. The Ambassador told
Sabit that he and Chief Justice Azimi are the "two
bright hopes" for judicial reform in Afghanistan
and they must present a united front. Otherwise,
the international community will divide between
them and President Karzai will be caught in the
middle. (Note: Sabit had previously proposed such
a tribunal when he was an advisor in the MOI and
Chief Justice Azimi was an advisor to Karzai. At
the time, Azimi had opposed the idea. The
proposal will also be discussed at a working lunch
on December 17 with Sabit that will be hosted by
the Italian Ambassador and include the U.S. and
the U.K. Sabit constantly shops for international
support for his ideas alone. While in some cases
this is warranted, his desire to play the judicial
reform game by himself will undercut his support
if he and the Chief Justice can not agree.)


6. (C) If and when cases are brought against
particularly hard targets, Sabit supported the
idea of extraditing them to the U.S. or another
country, which he thought would have a more
deterrent impact on other offenders and would
avoid any possibility of corruption that might
arise with an Afghan prosecution, even in the
Counter-Narcotics Tribunal.


7. (C) Sabit discussed the upcoming deadline of
his demand for payment for land in the "thieves,
district" (Sherpur) of Kabul, a large expanse of
prime residential land from which the residents
were pushed off and their houses demolished in
2003 in order to provide housing sites for
government VIPs, including some who are now
Ministers. While he had been confident of
securing these payments just a few days earlier,
Sabit cited increasing pressure being put on both
him and Karzai as the deadline approaches and as
the landowners prepare to challenge his demands in
the Supreme Court.


8. (U) Senator McCain and other members of the
delegation expressed their strong support for
Sabit and the work that he was doing. They
emphasized the need for a comprehensive strategy
and the prioritization of targets. Sabit noted
the presence of a visiting U.S. Justice Department
team that was here this week to assess the anti-
corruption problem and that would be recommending
measures to Sabit to combat it. Sabit said that
his provincial visits would continue to be a key
part of any strategy. He thanks the USG for the
support it is providing in armored cars, training
of his security personnel and the embedded INL and
DOJ personnel.


9. (U) The Codel did not have the opportunity to
clear this cable before departing Kabul.
NEUMANN