Identifier
Created
Classification
Origin
07DUSHANBE1735
2007-12-07 07:31:00
UNCLASSIFIED
Embassy Dushanbe
Cable title:  

EMBASSY DUSHANBE,S RULE OF LAW PROGRAM

Tags:  KJUS PGOV PHUM TI 
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VZCZCXRO5973
RR RUEHLN RUEHVK RUEHYG
DE RUEHDBU #1735/01 3410731
ZNR UUUUU ZZH
R 070731Z DEC 07
FM AMEMBASSY DUSHANBE
TO RUEHC/SECSTATE WASHDC 0015
INFO RUCNCIS/CIS COLLECTIVE
RUEHBUL/AMEMBASSY KABUL
UNCLAS SECTION 01 OF 02 DUSHANBE 001735 

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DEPT FOR SCA/CEN, DRL

E.O. 12958: N/A
TAGS: KJUS PGOV PHUM TI
SUBJECT: EMBASSY DUSHANBE,S RULE OF LAW PROGRAM


UNCLAS SECTION 01 OF 02 DUSHANBE 001735

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E.O. 12958: N/A
TAGS: KJUS PGOV PHUM TI
SUBJECT: EMBASSY DUSHANBE,S RULE OF LAW PROGRAM



1. (U) This cable is being retransmitted to correct the
classification from Confidential to Sensitive But
Unclassified.

SIPDIS


2. (SBU) Summary: Embassy Dushanbe,s rule of law priorities
have become more sophisticated as we learn the depth to which
reforms are necessary. An inter-agency advisory team
recently visited Tajikistan to assess the criminal justice
sector, and the team will soon provide recommendations on
program activities. We believe, however, that program
recommendations constitute one part of a broader rule of law
strategy. We have started to substantially participate in
legislative reform, and we anticipate political interventions
over a sustained period of time to test the willingness of
Tajik officials to investigate organized crime and
corruption. End Summary.


3. (U) From November 12-19, an inter-agency advisory team
visited Dushanbe to assess justice sector programs in
Tajikistan. The team, composed of officials from the
Departments of State and Justice, met with representatives of
the Tajik government, non-governmental organizations, and the
international community. The advisory team will make
specific recommendations, which Embassy Dushanbe welcomes.
We view the advisory team,s visit as the beginning of a new
phase of exploring rule of law issues, in which we become
more integrally involved in reform efforts.

The Foundation - Criminal Procedure Code Reform



4. (SBU) During a recent meeting with the advisory team and
Embassy Dushanbe,s Rule of Law Advisor, Sharif Aliev,
President Rahmon,s Advisor on Judicial Reform, said the
Tajik Government will look to the American Bar Association to
coordinate assistance in criminal justice reform,
specifically redrafting the Criminal Procedure Code.
President Rahmon has tasked Aliev with forming a working
group, and Aliev indicated that the government considers
redrafting the Code to be a priority. While the American Bar
Association and Embassy Dushanbe,s Rule of Law Advisor have
been consulting with Tajik justice officials on this subject
for several months, this is the first time Aliev has
described arrangements in such a clear manner.


5. (SBU) The U.S. Department of Justice,s association with

the American Bar Association creates the pretext for Embassy
Dushanbe,s Rule of Law Advisor to have an official role in
the redrafting process. During the meeting, Aliev agreed to
the Rule of Law Advisor having an "active role" in the
working group. In the past, two additional members of the
working group, the Chairman of the Supreme Court and the Head
of the Council of Justice, have also expressed enthusiasm
about the Rule of Law Advisor,s collaboration.


6. (U) The American Bar Association covers Tajikistan from
its office in Bishkek. An American lawyer flies in to meet
with officials, and the Association maintains support staff
in Dushanbe. The Association does not plan to permanently
place an American lawyer in its office in Dushanbe.


Not Buying In To Window Dressing - Organized Crime and
Corruption



7. (SBU) EmbOffs who work closely with Tajik law enforcement
organizations have observed that the the Tajiks hace the
ability to conduct serious organized crime and corruption
investigations, but lack the will to undertake serious
action. For the most part, Tajik law enforcement officials
mask the absence of expanded investigations with statistics
that do not actually reflect progress. For example, Ministry
of Interior officials point to a high number of drug seizures
as an indication that they have been successful in combating
narcotics trafficking. Virtually all of these seizures,
Qnarcotics trafficking. Virtually all of these seizures,
however, involve merely couriers, and there have been no
prosecutions of anyone suspected of having any influence
within organized drug rings.


8. (SBU) Numerous sources have pointed to the pervasive
corruption that characterizes official Tajik institutions.
EmbOffs view the Agency to Fight Corruption as yet another
organization established to fend off scrutiny from the
international community and the public at large. Tajik
government claims that it is taking concerted action to fight
corruption are not backed up by facts.


9. (SBU) Embassy Dushanbe defines "concerted action" to mean
devoting significant resources and political capital to

DUSHANBE 00001735 002 OF 002


empowering law enforcement and criminal justice institutions
to undertake extensive, complicated investigations and
prosecutions of mid- and high-ranking government officials
and organized crime figures. Such an endeavor could include a
special court to try suspects, with a corresponding team of
prosecutors and investigators. Special legislation would be
adopted, and judges, prosecutors, and investigators would be
vetted. Ideally, Tajik authorities would invite technical
assistance from the international community.


10. (SBU) At this point, we have no indication that Tajik
authorities are prepared to even begin discussing a
comprehensive or serious approach to fighting organized crime
and corruption. We have observed, however, that
Tajikistan,s unwillingness to engage in such an effort
severely limits the degree to which we can meet crucial
mission goals.


Programs and Exchanges



11. (U) We eagerly await the findings and recommendations of
the justice sector assessment team. We recognize the
importance of funding exchange programs, civil society
projects, and law enforcement and judicial development
programs. We do, however, recognize that we must complement
these programs with the rule of law interventions mentioned
above. Moreover, we recognize that rule of law issues extend
beyond the justice sector - civil and administrative
processes also suffer from a high degree of corruption and
lack of due process.

Comment


12. (SBU) Comment: The Rule of Law Advisor,s participation
in redrafting the Criminal Procedure Code is an opportunity
that we have to seize. We will initiate discussions with
Tajik officials to test their willingness to take serious
steps at enabling judges, prosecutors and law enforcement
officials along the lines mentioned above. End comment.
JACOBSON