PRT BAMYAN - GOVERNMENT TAKES FIRST STEP TOWARD

UNCLAS SECTION 01 OF 05 KABUL 005973

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E.O. 12958: N/A
TAGS: PREL PGOV PHUM AF
SUBJECT: PRT BAMYAN - GOVERNMENT TAKES FIRST STEP TOWARD
ENHANCING JUSTICE


1. (SBU) SUMMARY: The Bamyan Provincial Justice Conference
(PJC),held in the provincial capital November 20-21, brought
together Afghan leaders and experts to find the means to
improve justice in Bamyan. Stakeholders discussed their
concerns in break-out sessions on police, prosecutors, judges
and corrections officials, while defense, human rights and
public awareness stake-holders joined the various groups to
ensure these issues were addressed as well. Provincial
participants discussed their concerns with their central
government counterparts and outlined a litany of needs
(particularly increased salaries, legal training and office
resources, such as vehicles). The PRT as well as the U.S.
Embassy,s Justice Sector Support Program (JSSP) will be
conducting follow-up with the Afghan leadership and potential
international donors to ensure progress is made on the action
items. END SUMMARY

The Participants
--------------


2. (U) Governor Habiba Sarabi hosted Bamyan,s Provincial
Justice Conference on November 20-21 after weeks of
preparation by provincial officials. The approximately 120
provincial officials at the conference included district
judges, civil and military prosecutors, district
sub-governors, police, mullahs, the Department of Hajj and
the Department of Women's Affairs. The INL-funded Justice
Sector Support Program (JSSP) and PRT POLOFF were
instrumental in organizing the event and recruiting the
30-plus subject matter experts (AIHCR, UNAMA, NRC and Embassy
officials/contractors) as well as central government
officials. Participants from Kabul included officials from
the Supreme Court, the Attorney General,s office, and the
Ministries of Interior and Justice. The New Zealand
government, INL/JSSP and CFC-A provided the necessary
logistics and funding support for this event.

Governor Sarabi,s Comments
--------------


3. (U) Governor Habiba Sarabi, the first and only female
Governor in Afghanistan, welcomed participants and
international support for rule of law. In her opening
remarks she pressed for help from the visiting groups to
improve Bamyan,s justice system. She pointed to the judges
earning $50.00 a month and not being able to feed their
families while paying court expenses out of their own pocket,
the brain drain of competent law professionals indigenous to
Bamyan because of lack of professional opportunities, and the
lack of public awareness and knowledge of the law.


4. (U) Following the Governor, all five of the Afghan
national leaders made opening remarks and endorsed the need
for rule of law assistance to Bamyan province. To stress the
important role justice plays in the life of every Afghan
citizen, Deputy Attorney General Samadi quoted the Prophet
Mohammed as saying one hour of justice is better than 100
years of worship.

The Sessions: Police, Prosecutors, Judges, and Corrections
--------------


5. (U) Following the opening comments, the conference
participants split into four break-out session groups --
police, prosecutors, judges and corrections officers. Each
group discussed their sector,s challenges, identified
potential solutions and sought commitments from the national
leaders. On the second day of the conference, each breakout
session summarized points, which are reported below.

Police Concerns
--------------


6. (U) The police breakout session involved approximately

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thirty participants, including police chiefs and line
officers, four of whom were female. A frank discussion
revealed needs and priorities including training of police
officers on provisions of the Penal Code, the Civil Code and
the Interim Criminal Procedure Code (ICPC). Of particular
note was the consistent mention of the need for training on
how to be professional officers, with an emphasis on
forensics, criminology and interrogation. Their major
concern, however, was the 72 hour limit the ICPC puts on
their investigation before they are required to turn a case
over to the prosecutor. Resource requests by the police
group included uniforms, coats, and traffic signs, in
addition to the expected report of the shortages of vehicles,
fuel, buildings, and forensic equipment.

Potential Solutions for Police Concerns
--------------


7. (U) Legal training on relevant laws for police would
address many of the concerns raised by the police
participants. Ideally, comprehensive legal training for
police would be incorporated into the curriculum of the
Regional Training Center (RTC). As an interim measure, a
legal training course could be implemented along with
additional training courses for other sections of the Bamyan
justice sector as early as the spring of 2007. Weather
conditions in this mountainous province, however, make it
unlikely for any coordinated training effort to take place
before the spring thaw.


8. (U) Although Police Chief Sayeed Ackbar flagged the need
for winter clothing, it is not clear that the central
government or an aid agency can move quickly enough to
provide uniforms or overcoats before spring. This sector
also raised transportation issues. An assessment of police
transportation is needed to verify whether there is a need
for additional police transport over the distances in the
province, and whether such a need could be filled by
strategic placement of motor vehicle depots. Esprit de corps
could be enhanced with the funding of a Police Association
and the delivery of professional forensic equipment, perhaps
on a depot basis similar to the vehicles. This would have a
short-term morale benefit and a long-term benefit of creating
a more professional police force.

Judicial Concerns: Time Constraints, Attorneys, Resources
--------------


9. (U) Echoing police concerns, the judges also cited the
time restrictions imposed by the ICPC as the primary obstacle
to the performance of judicial functions. The judges felt
the 15 day limit to file an indictment, followed by a pro
forma 15 day extension was simply not enough time to
adequately investigate anything more than a routine case.
There was also a frank admission by the judges that because
the ICPC is, by definition, an &interim8 law, it need not
be adhered to. It was felt that a temporary law carries less
weight than a &permanent8 law and that the adoption of a
new criminal procedure code with more realistic time
limitations would be very helpful.


10. (U) Bamyan has no defense attorneys, and the judges
expressed deep concern that innocent persons were being
convicted because no attorney was available to challenge the
evidence presented by the prosecution. Any invocation of the
right to counsel by a defendant is impossible to satisfy in
Bamyan. The unfortunate result is that the cases of those
defendants who invoke their constitutional right are set
aside until they agree to waive the request for an attorney.


11. (SBU) The judicial break-out session also revealed basic
resource concerns. Judges complained that there were not
enough copies of the law available for them (Note: Copies of
the relevant laws affecting criminal justice were distributed

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to judges at the conclusion of the conference). They also
expressed concern that cases dragged on too long, that there
was a tremendous backlog of appeals and that there were
simply not enough judges to do the work. Judges are assigned
multiple districts to cover, but are not provided
transportation to get to them. The lack of AWD vehicles
results in significant trial delays. This in turn, forces
people to rely on informal justice systems. As with the
other sectors, there was a complaint of poor salaries, which
allow corruption to seep into decision making. Several
judges also expressed concern for their safety as they
traveled to court.

Donors Needed to Address Judicial Concerns
--------------


12. (U) The JSSP will work to identify donors for case
management improvement, indigent defense services and
transportation assets. Bamyan officials specifically
requested assistance with a case management system and
training on the law, ethics and human rights.

Prosecution: Three Categories of Need
--------------


13. (U) The concerns and needs expressed by the Bamiyan
prosecutors were divided into three categories: training,
strained relations with the police and central government
resource issues.

Prosecutor Training
--------------


14. (SBU) The prosecutors expressed interest in taking a
training course in investigation, criminal techniques and
crime scenes, forensics, and other topics either in the
province or in Kabul. They would like to be taught by
internationals or by experienced prosecutors such as Deputy
Attorney General Samedi from Kabul, who was in attendance.
The prosecutors do not think they need training in criminal
procedure or penal law.

Strained Relations with the Police
--------------


15. (U) The prosecutors raised several concerns about their
relationship with the police. One problem raised is that the
police hold suspects long after the 72 hours, sometimes up to
two weeks. According to the prosecutors, even when the
police are told to turn over the suspect and files, they do
not. The prosecutors believe that sometimes the suspects are
kept by the police to solicit a bribe, and sometimes they are
kept so that the police can finish their investigations. DAG
Samedi stated that the &military8 unit prosecutors (that
can prosecute the police) should be notified and if possible
they should arrest the police officers. One prosecutor
stated that this would result in threats or worse ) one
cannot challenge the police in this way. They also stated
that the police will not follow the instructions of the
prosecutors. Jointly issued orders from the MOI and AGO to
their respective police and prosecutors could help with these
issues, as could training.

Prosecutor Request Resources and Infrastructure
-------------- --


16. (U) The prosecutors were specific about their
infrastructure needs during the breakout sessions and stated
that five vehicles were needed, including two for the
appellate court prosecutors, and that there should be six
motorcycles supplied as well. None of the district
prosecutors have vehicles. Additional infrastructure
deficiencies included buildings, a library, furniture, and
communications. There is one provincial prosecutor,s office

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building with three rooms for eight prosecutors. According
to the civil prosecutor, 30 rooms are needed, because
currently there is no space for the 23 prosecutors who are
authorized. The prosecutors also pressed for district
buildings. (Note: USAID has constructed and recently opened
government buildings in most of Bamyan,s districts. The new
offices are specifically for district officials. Bamyan
center is an exception, however, due to unresolved issues
with provincial officials regarding site location. End
Note).


17. (U) The Provincial Prosecutor,s Office did not hesitate
to request everything but the kitchen sink and went on to
request a library, a conference room, 30 desks and 40 chairs,
200 square meters of carpets, a safe, 30 file cabinets and
curtains as well as three generators for the Provincial
Offices and one for each of the six other Districts. This
will require at least 600 liters of fuel per month. In order
to communicate with Kabul, the prosecutors also requested
nine radios as well as mobile phones for Bamyan center.
(Note: Bamyan districts do not have Roshan coverage, and have
requested digital phones.)

Salary, Training and other Benefits
--------------


18. (SBU) According to the Civil Prosecutor, the main reason
that only 20 of the 43 authorized positions for prosecutors
are not filled is the low salary. The average
line-prosecutor,s monthly salary is 2700-3000 Afghanis
($54-$60),and quite a few have quit. The Chief Civil
Prosecutor believes that his prosecutors should receive
10,000-15,000 Afghanis ($200-300) per month.


19. (U) One line prosecutor emphasized the need for female
prosecutors, as there are none currently, especially for
cases of rape and family violence involving women as victims.
Victims will often not want to come forward to male
prosecutors in such cases. When asked why there are no
female prosecutors, one participant said, &if we cannot get
male prosecutors to come to Bamyan with such salaries, how
can we get any female prosecutors that are qualified?8


20. (SBU) The prosecutors also spoke about personal security
and indicated that they would like to be issued pistols.
They have been threatened and attacked - one prosecutor was
beaten with a stick by a suspect. Another one was slapped
and beaten by the Deputy Governor. When the facilitator
raised the question of safety, the response was &we have
been at war -- we know how to use firearms.8 When it was
noted that an AK-47 is significantly different than a pistol,
the prosecutors all stated they would be willing to take a
gun safety training course.

Possible Means of Addressing Some of the Prosecutors, Needs
--------------


21. (U) Training on coordination between prosecutors and
police would be of immense value due to the fundamental
disconnect between these two justice sectors. The
prosecutors, long list of resource and infrastructure needs
is perhaps most appropriately addressed by the central
government, but international donors may be able to assist
with some of these issues. Communication equipment and
vehicles would make an immediate impact on the efficacy of
the Bamyan prosecutor,s office.

Corrections Issues
--------------


22. (U) The main concern raised during the corrections
discussion was the difficulty of following the laws
concerning pre-trial detention and the failure of either the
courts or the prosecutors to properly communicate, by way of

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judicial or prosecutorial decree, when a prisoner should be
released. Prisoners are held indefinitely without any order
from the Court. The corrections officials felt that it was
the duty of the prosecutors to write release orders for
persons held beyond the thirty day limit for filing
indictments, but they noted that they rarely, if ever,
receive one. As a result, the prison is overcrowded and
filled with people who should not be there. Corrections
officials also explained that there are no female corrections
officers and that none of the corrections officers in Bamyan
had received formal training.

Addressing the Needs of Corrections Officials
--------------


23. (U) As none of the current corrections officers have
received any training in inmate management, human rights or
corrections law, the Corrections System Support Program
(CSSP) will work to identify a donor for this training.
Coordination between corrections, the courts and prosecutors
needs to be enhanced -- either through training or through
the development of protocols for informing corrections
officials of when inmates must be released. Identifying a
female candidate for corrections training and placement in
the Bamyan prison is critical due to inability of male
corrections officers to humanely perform their duties in
accordance with cultural norms.

Comment
--------------


24. (SBU) Although the central government officials who
addressed the conference promised follow up on many of the
items requested by the local justice officials, there is a
clear need for the international community to make
significant contributions to the justice sector in Bamyan.
Simple items such as winter coats, communication equipment,
motorcycles and training would make a tremendous impact on
the services these offices provide to their constituents.
Training Bamyan justice sector officials and employees will
help build the capacity of the justice system and can be
implemented as early as the spring of 2007, once there is
safe and reliable travel to and from Bamyan. Informing
Bamyan officials of plans to furnish some of the material and
training requests identified during the conference will go a
long way to boost their morale. As Governor Sarabi pointed
out in her closing comments, failure to deliver on the
promises made by the national leaders at the conference will
result in further disillusionment with the central
government. To help address these weaknesses, PRT
appreciates the assistance of JSSP, CSSP and CFC-A as we work
together over the next few months to provide a welcome
capacity boost to the few judicial officials in the province.
NORLAND