PRT/FARAH: THE CONFUSED STATE OF THE FARAH JUSTICE

UNCLAS SECTION 01 OF 02 KABUL 005955

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR SA/FO, SA/A, S/CR, EUR/RPM
NSC FOR HARRIMAN
CENTCOM FOR CG CFC-A, CG CJTF-76
REL TO NATO/AUS/NZ

E.O. 12958: N/A
TAGS: PGOV EAID KRIM SOCI AF
SUBJECT: PRT/FARAH: THE CONFUSED STATE OF THE FARAH JUSTICE
SYSTEM


1. (SBU) SUMMARY: Farah Province is beset by
misunderstandings and disparities regarding the court system,
the number of judges, and even current cases. Record-keeping
in handwritten notes is haphazard at best. Judges and
prosecutors understand there is a process that includes
delineated time limits, but how they meet those limits and
follow the law is unclear. Construction of a USAID funded
Judicial Building is nearing completion, but the primary
concern of prosecutors and judges seems to be the eventual
location of office space. Justice Ministry guidance and
assistance to prosecutors, and Supreme Court guidance for the
judges is clearly needed. It is important to match the court
system in Farah Province with that of Kabul. Including Farah
in the second phase of USAID,s model court roll-out would be
an effective way to demonstrate the USG,s commitment to the
rule of law in Farah Province. END SUMMARY


2. (SBU) The Farah Province court system is designed to have
forty five Primary Court judges (including Urban Primary
Court judges in Farah City and primary courts in each
district) and 19 at the Appeals Court level. It should also
include seven Appeals Court divisions (criminal, public
security, civil/public rights, commercial, juvenile, traffic,
and family),though only three (criminal, public security,
and civil/public rights, which may cover commercial issues)
are operating. Each division should have one chairperson, a
chief judge, and two member judges. Each district should
have its own prosecutor, judge, and district (Primary) court.
Although the prosecutors are said to be working in the
districts, due to security concerns, the district judges are
not there, so defendants are brought into Farah City.


3. (SBU) Confusion about the court system, the number of
judges and current case load exists between Farah,s
prosecutors and judges. Different court officials cite
conflicting numbers of judges and staff working in various
divisions of the court system.


4. (SBU) Prosecutors and judges write all records by hand.
Many copies are made with carbon paper. (Note: Prevous PRT
staff gave a computer, printer, and scanner to the court, but
the court has no funding to buy the fuel to run the generator
needed for electricity. End Note.) Records are kept
haphazardly in piles around the offices. Case registry books
can be found in different offices, but the numbers in the
books are not recorded on the files, so to locate a file one
must look through each pile, some in drawers, some on tables,
and others on the floor, until that file is found. There is
a question of what is an open case; apparently the
classification of files differs for prisoners in jail from
those out on bail. Farah's prosecutors and judges vary
widely in their understanding of the number of open cases.


5. (SBU) According to prosecutors and judges interviewed,
after police make an arrest in a criminal case, they may hold
the suspect for up to seventy two hours while they
investigate what happened. Police give the prosecutor,s
office the results of their investigation and the prosecutor
decides if there is enough evidence to take the case to
court. The prosecutor can also ask for additional
information and extend the suspect,s time in custody by
fifteen days, plus an additional fifteen days if needed. If
the prosecutor decides to release the suspect, the victim,s
family may complain and force the case into court. Most of
the accused defend themselves.


6. (SBU) The Primary Court must decide a case within two
months. Each case takes an average of two days to hear and
the court works six days a week. Hearings are not held on
Sunday, Thursday or Friday. Ghafor takes most of the Urban
Primary Court cases and he said he takes more than two
months in some cases to render his decision. After the
initial decision, the court gives the prosecutor the records
and documents associated with the case. The defendant has
twenty days to appeal judgment. Any party to the case can
take it to the Appeals Court; if the accused does not appeal,
the victim,s family may do so. If the prosecutor thinks the

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defendant should not have been acquitted or the sentence
should be longer, he may also appeal. The final appeal is to
the Supreme Court in Kabul. According to urban Primary Court
Director Abdul Ghafor, the investigations done at each level
are merely a review of the papers from police and the courts.
Almost all cases are appealed.


7. (SBU) Ghafor claimed that civil and penal codes, none
contrary to Shari,a law, are observed. He stated they have
used the same court system for the past fifty years but
lamented that no one today respects the courts and no one is
afraid any longer to go to court. Judges salaries are low
and there is a dangerous lack of security. He receives 2700
Afghanis/month (USD 54) and sleeps near an AK-47 as his
defense against the many threats he receives. Ghafor
complained he receives no help from Kabul; his office has
only a broken desk and chair. There has been no training,
and no one from Kabul seems to be addressing the problem of
the severe deficit in numbers of judges here.


8. (SBU) COMMENT: As noted above, USAID is constructing a
new Judicial Building to house the Appeals Court, possibly
the Urban Primary Court, and prosecutors, and judges,
offices. As the building nears completion, however, in
addition to their furnishings and equipment, the prosecutors
and judges have been very focused on which department should
get the ground floor offices and which the second floor.
Besides the confusion between the prosecutors and judges on
their legal system, there are inconsistencies in how police
arrest and detain suspects, how investigations are conducted,
how witnesses are found and brought to court, and on what
evidence judges should base decisions. Case investigation
training is a necessity, though many police still lack basic
training, and prosecutors do not have the knowledge or
resources to investigate crimes. Little cooperation exists
between police and the courts in transporting criminals to
court and on presenting witnesses. Additionally a witness
program is necessary. Standard court procedures are lacking.
Justice Ministry guidance and assistance for working with
the prosecutors, along with Supreme Court guidance for the
judges, would be invaluable. It is important to match court
procedures and systems in Farah with those in Kabul.
Including Farah in the second phase of USAID,s model court
roll-out would be an effective way to demonstrate the USG,s
commitment to the rule of law in Farah Province.
NORLAND