PRISONS IN LAGHMAN PROVINCE FUNCTIONING RELATIVELY

C O N F I D E N T I A L SECTION 01 OF 03 KABUL 002325

SIPDIS

DEPARTMENT FOR SRAP, SCA/FO, SCA/A, EUR/RPM
STATE PASS USAID FOR ASIA/SCAA

E.O. 12958: DECL: 08/12/2019
TAGS: PGOV PREL KDEM EAID PHUM AF
SUBJECT: PRISONS IN LAGHMAN PROVINCE FUNCTIONING RELATIVELY
WELL

Classified By: Interagency Provincial Affairs Deputy Coordinator Hoyt Y
ee for reasons 1.4 (b) and (d)

Summary
--------------


1. (C) A recent visit to Laghman prison demonstrated that
penal reform in this province is moving in the right
direction, although detention centers continue to suffer from
a lack of resources. On August 3, a Rule of Law team from
Task Force Mountain Warrior (TFMW) toured the Laghman
provincial prison, courthouse and justice directorate, with
the relevant provincial officials. The purpose of the visit
was to evaluate prison conditions and the general state of
the rule of law in the Mehtar Lam, the capitol of Laghman
Province, which is roughly 100 kilometers east of Kabul. The
facilities were well-maintained; the prison has spare
capacity and prisoners appear to receive humane treatment.
Ten Taliban are held in the prison, and a CERP project is
being implemented to reinforce the exterior walls of the
compound. In general, the penal system in Laghman appears to
be functioning fairly well.


2. (C) Task Force Mountain Warrior (TFMW) Rule of Law SJA
CPT Scrogham, A/Rule of Law (ROL) Officer for Provincial
Reconstruction Team (PRT) Laghman Miller, and TFMW State
Department ROL Coordinator (collectively, ROL REPs) toured
the Laghman provincial prison, courthouse and justice
directorate, meeting with Chief Judge Mawlawi Abdul Mateen,
Justice Department Director Mawlawi Obaidullah Alakozai,
Chief Prosecutor Sayed Anber Pacha, and Prison Director
Dawalat Mohammed Aziz. All of the various judicial
facilities had electricity and were reasonably well-kept.
A Decent Compound
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3. (C) Laghman prison is the main detention facility for
Laghman province, and a fair indicator of the state of
detention facilities in the region. It is located on an
approximately one-acre walled compound on the outskirts of
Mehtar Lam. The wall facing the road, which was damaged in a
Taliban attack, is made of Hesco barriers. The remaining
three compound walls are stone masonry with razor wire on
top. The prison yard is separated into two facilities and
courtyards, one each for pretrial detainees and convicts, so
the two groups are segregated at all times. A smaller
building houses insurgents. The prison buildings and
administrative offices are also brick and stone masonry.
There are trees in the courtyards.


Spare Capacity, Mixed Population
--------------


4. (C) The prison is a combined jail and prison. It
currently houses 128 prisoners, of whom 87 are convicts, with
the remaining 41 are awaiting trial. Dawlat said the
facility has 54 guards, all of whom have completed a training
course at the Corrections System Support Program(CSSP). Ten
of the prisoners are Taliban members, who are housed in a
separate building, the General said. Likewise, pre-trial
detainees are housed in a separate compound from the
convicts. Two of the prisoners are women and they live in a
building separated from the male population. Beyond this,
there is no effort to classify or segregate the inmates.
High- and low-risk convicts are mixed together, as are high-
and low-risk detainees, which is detrimental to inmate safety
and security of the facility. The prison has space for 250
inmates, according to Dawlat.

Access to Food, Medical Care
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5. (C) Each cell has four or five bunks and is roughly
fifteen by twenty feet. Each bunk bed had mattresses, and
the cells were reasonably clean and filled with personal
effects. The squat toilets had porcelain fixtures and were
clean. Showers and sinks were also available. Walls were
bare, though the floors had rugs. With prison officials
present, ROL REPS spoke briefly with the pre-trial detainees.
One detainee said he had been waiting for trial for eight
months. Other detainees, not present at that meeting,
reportedly have been waiting longer. Detainees said they are
fed three times a day and have daily access to a doctor when
necessary. The youngest detainee said he was sixteen years
old. ROL REPs toured the prison medical clinic, which had
some medicine but no examining tables or furniture.


6. (C) ROL REPs also toured the portion of the prison where

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convicts are housed. ROL REPs did not see the inmates,
living area, but the cell block, a long building, appeared to
be reasonably clean and not excessively crowded. The metal
cell doors were all open. Convicts had vocational training
opportunities and made jewelry for sale. One group of
convicts said they were studying English, and asked the ROL
REPs for instructional materials.

Taliban Breakout Attempts
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7. (C) Dawlat told ROL REPS that several months ago, a group
of Taliban insurgents attempted to storm the prison and
release fellow Taliban members. One Taliban prisoner was
shot while making his escape, and another prisoner, a
(non-Taliban) murderer, managed to escape, as did all of the
attackers. A Commander,s Emergency Response Program (CERP)
project is being implemented to reinforce the prison walls to
better protect against such attacks in the future.

Manageable Case Load, New Courthouse Wanted
--------------


8. (C) ROL REPs met separately with Laghman,s Chief Judge at
the Laghman provincial courthouse. The courthouse is in a
walled compound adjacent to the governor,s compound. The
judge,s chambers were spacious, but fairly spartan, with few
books or other furniture, and with cracks visible in the back
wall. ROL REPs did not see the USAID-published judicial
reference set the court should have received at sometime over
the past year. The Chief Judge did have copies of the Afghan
Supreme Court newsletter, which provides updates on recent
judicial decisions and legal issues of national significance.
ROL REPs did not have the opportunity to view the rest of
the courthouse. The Chief Judge and Chief Prosecutor agreed
to pass to the ROL REPs copies of the monthly reports they
send to Kabul.


9. (C) The Chief Judge presides over 30 judges at the
provincial and district level. The court is adequately
keeping up with its caseload, the Chief Judge said, remarking
that ordinary crime (as opposed to insurgent activity) has
been decreasing in the past couple of years. However, the
court does not currently have a system for keeping track of
such data. The Chief Judge said he hoped for a new
courthouse, and said he had been promised a new courthouse
"many times" by previous Coalition Force representatives. He
said that the present court building was in disrepair, which
reflected adversely on his office. (Note: While the current
building is a little run down, it is in serviceable condition
and appears to have adequate space. Also, there is a newly
constructed but vacant building near forward operating base
(FOB) Methar Lam, which was reportedly built to be a
courthouse, but never used. End Note.)

Threats Against Judges
--------------


10. (C) The Chief Judge also expressed concerns about
security, referring to an attempted bombing that had occurred
at the courthouse about six months ago. One suspect has been
arrested for the attempted bombing. The Chief Judge said he
did not know what had happened to the suspect, but he
believed the individual had been turned over to Coalition
Forces. He added that he and other judges often received
threats, and that the judges had asked to be armed so they
could defend themselves if attacked. The State ROL
Coordinator said threat information should be passed to
Coalition Forces for investigation.


11. (C) The PRT recently renovated the Chief Prosecutor,s
office building, and provided new furniture for it. The
Prosecutor,s office still needs metal filing cabinets and a
secure storage facility for evidentiary materials.
Currently, rifles and other trial evidence are propped in the
corner of the prosecutor,s office, and two other guns were
broken in half to fit in a cabinet.


12. (C) Separately, the ROL REPs met with Directorate of the
Justice Department Alakozai, who also directs the &Huquq8
civil law/alternative dispute resolution wing of the
judiciary, which assembles Jirgas based on petitions. Legal
awareness advisors are provided to advise the Jirgas. If the
Jirga outcome is not satisfactory to both parties, appeal can
be made through the civil courts. (Note: We still do not
have insight into how effective this system is in practice.
End Note.) Separately, Juvenile Justice Director Mawlawi
seeks a new building because the current office is quite
cramped, consisting of only two rooms with no reception area

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or front desk.

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


13. (C) The visit to Laghman prison demonstrated that penal
reform in this province is moving in the right direction,
although the detention centers continue to suffer from a lack
of resources. The CSSP deserves a great deal of credit for
the training and professionalization of prison staff, and
Laghman prison officials have a positive and
rehabilitation-oriented mindset. ROL REPs will look for ways
to support the English language programs. ROL REPs will also
ask PRT Laghman to investigate whether the vacant building
adjacent to the PRT base was indeed intended as a courthouse.
Threats against judges are of concern, and the ROL REPs will
begin to compile information on threats. ROL representatives
will follow up on the courthouse bombing case, to reassure
the judiciary that their security concerns are being
addressed. ROL REPs will seek further information from the
Chief Judge and Coalition Force channels on these issues.
End Comment.







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