THREE ALLEGED JUVENILE DETAINEES IN GOOD HEALTH;

C O N F I D E N T I A L KABUL 003156

SIPDIS

DEPARTMENT FOR L-A/S KOH

E.O. 12958: DECL: 10/06/2019
TAGS: PGOV PREL AF
SUBJECT: THREE ALLEGED JUVENILE DETAINEES IN GOOD HEALTH;
TWO REMAIN AT ANDF

Classified By: Deputy Ambassador Francis Ricciardone, reasons 1.4 (b) a
nd (d).


1. (C) SUMMARY: On September 16, EmbOffs, CSTC-A detainee
attorney John Torresala and CSTC-A Afghan National Detention
Facility (ANDF) Embedded Training Team (ETT) Director Col.
Thomas Cantwell visited the Kabul Juvenile Detention Center
to meet with three juvenile detainees transferred from the
Afghan National Detention Facility (ANDF). All three appeared
in good health, but were unclear on the status of their legal
proceedings. Afghan Attorney General Aloko refused to approve
the transfer of two additional alleged juvenile detainees
being held at ANDF. END SUMMARY.

WELFARE OF THREE JUVENILE DETAINEES TRANSFERRED FROM ANDF
-------------- --------------


2. (SBU) Said Saraj Ahmad, Esa Mohammad and Abdul Rashid
were transferred on August 4 from the ANDF to the Kabul
Juvenile Detention Center by Afghan National Army forces.
U.S./Coalition Forces captured Saraj Ahmad on February 28 in
Ghazni Province after he was observed with four other
individuals attempting to plant Improvised Explosive Devices
in two separate locations. Per Bagram Theater Internment
Facility (BTIF) case files, he told the capturing unit he was
born on January 1, 1991. Later, during in-processing at the
ANDF, he said he was 17 years old.


3. U.S./Coalition Forces captured Esa Mohammad on April 4
in Kandahar Province during a mission to capture his brother.
Esa is reported to be a member of a group that killed four
coalition troops in March. Per BTIF case files he told the
capturing unit he was born on January 1, 1990. During
in-processing at the ANDF, however, he claimed to be 15 years
old.


4. (SBU) U.S./Coalition Forces captured Abdul Rashid on
March 30 in Khowst Province. He is reported to be involved
with the HIG insurgency network in the Province. Per BTIF
case files, he told the capturing unit he was born on January
1, 1993. During in-processing at the ANDF, however, he
claimed to be 13 years old.


5. (SBU) EmbOffs found the Center clean and orderly,
although security precautions and educational opportunities
are limited. Director of the Center Maqbel told us that after
some adjustment to the city noise, the village boys have
settled in well, even teaching the Koran to other detainees.
All three boys told Embassy and CSTC-A officers that they are
being fed and have no complaints about their care at the
Center.

TRANSFERRED JUVENILES UNCLEAR ON LEGAL STATUS/PROCEEDINGS
-------------- --------------


6. (SBU) All three juveniles said their lawyers have been
visiting them on a weekly basis, but a review of the
visitor,s log by corrections advisors revealed that many of
the visits were in fact by prosecutors. Neither the Center
staff nor the detainees appeared to understand the difference
between having discussions with defense lawyers versus with
prosecutors. When the detainees asked the visiting CSTC-A and
ANDF ETT Director for updates on their legal status,
Torresala and Cantwell explained that the detainees are now
in Afghan custody and beyond Coalition control. The detainees
did not appear to fully grasp the difference in their
situation and continued to appeal for U.S. assistance.

STATUS OF TWO ALLEGED JUVENILES REMAINING AT ANDF
-------------- --------------


7. (C) On July 25, CSTC-A presented the case file for
alleged juveniles Sher Ajan and Ya Qut to Attorney General
Aloko recommending transfer from the ANDF because of their
ages. Sher Ajan was captured by U.S./Coalition Forces on
November 2, 2008 in Khowst Province for accompanying an
insurgent on a fundraising/extortion trip for the Taliban.
Per BTIF case files, he told the capturing unit he was born
on January 1, 1990, and claimed to be 15 during in-processing
at the ANDF. His claim was later substantiated by a bone scan
at the BTIF, and his transfer to a juvenile facility has been
requested. Ya Qut was captured by Afghan National
Police/Coalition Forces on February 3, 2009 in Uruzgan
Province during a raid after which he confessed in writing
that he had come from Pakistan to Kandahar to serve as a
suicide bomber. Attorney General Aloko advised ANDF personnel
that he did not approve the transfer since investigation by
the National Directorate of Security determined the boys are
not juveniles, despite the bone scan.


8. COMMENT: Juvenile detainees pose a public affairs
challenge for both the Afghan government and for the U.S.,
making it important for the Afghan legal system to address
these cases promptly. Post will continue to follow the
treatment of juvenile detainees and to urge the Attorney
General to move forward with court proceedings correctly and
expeditiously. END COMMENT.
EIKENBERRY