US-AFGHAN PARTNERSHIP CREATES NEW INSTITUTIONS TO FIGHT

UNCLAS SECTION 01 OF 02 KABUL 003853 SIPDIS DEPARTMENT FOR SRAP STAFF, SCA/A, AND INL DEPARTMENT PASS DEPARTMENT OF JUSTICE DEPARTMENT PASS FBI E.O. 12958: N/A TAGS: PGOV KJUS KCOR EAID AF SUBJECT: US-AFGHAN PARTNERSHIP CREATES NEW INSTITUTIONS TO FIGHT CORRUPTION REF: KABUL 3419 ¶1. Summary: Seven Ministerial level speakers joined the Ambassador and UK Ambassador in stressing the importance of reducing corruption in Afghanistan at an Embassy-organized media event in Kabul on November 16. At this event highlighting growing bilateral and multilateral engagement in this sphere, Minister of Interior Atmar announced his government's plan to establish an Anti-Corruption Tribunal as well as the existence of the Major Crimes Task Force and the Attorney General's Anti-Corruption Unit. These anti-corruption entities may signal a new willingness on the part of the Afghans to fight corruption and, together with the existing crime-fighting capabilities of the Counter-Narcotics Justice Task Force and the National Interdiction Unit, could form the backbone of an effective law enforcement effort in the country. However, transformation of the High Office of Oversight (HOO, the Afghan government entity charged with combating corruption administratively) is necessary to fight corruption more effectively. Non-law enforcement efforts are equally important, including efforts to influence corrupt officials to change their behavior and to improve Afghan government capacity, transparency, and accountability. End Summary. NEW ANTI-CORRUPTION INITIATIVES -------------- ¶2. Anti-Corruption Tribunal: In early November 2009, the Supreme Court appointed a national Anti-Corruption Tribunal (ACT) to comply with a provision of the Afghan Law on Overseeing the Implementation of the Anti-Corruption Strategy (the "HOO Law"). The ACT is composed of 11 judges - seven Appellate and four Primary Court judges. After nominees pass polygraph exams (a precondition for sitting on this court),they will be able to accept significant cases from across Afghanistan. The court does not yet have offices, a courtroom, administrative staff, or technical support. DOJ has proposed salary supplements and administrative support for the judges, and INL is considering the request. The ACT could be an important tool in Afghan anti-corruption efforts, but this initiative will require substantial human and financial resources from Washington and international partners. Post is currently assessing the practical start-up needs and projections costs to maintain the ACT in the future. ¶3. Major Crimes Task Force: Initiated in May 2009, the Major Crimes Task Force (MCTF) is the FBI's primary corruption-fighting effort in Afghanistan. The MCTF currently consists of a Kidnapping Investigation Unit and a Corruption Investigation Unit, and officer selection is underway to add an Organized Crime Unit and an Intelligence Unit. MCTF strength is currently 100 Afghan investigators from the Ministry of the Interior (MOI) and National Directorate of Security (NDS). The FBI, together with the UK Serious and Organized Crimes Agency (SOCA) and the Australian Federal Police, provide mentors, while the U.S. military builds intelligence capacity. INL provides funding. The MCTF is located at Camp Falcon, which may be the home of the Anti-Corruption Tribunal in the near future. ¶4. Anti Corruption Unit: Established in May 2009, the Anti-Corruption Unit (ACU) consists of 12 specially selected, vetted prosecutors from the Afghan Attorney General's office. The ACU prosecutes corruption cases involving mid- and high-level government officials, and will serve as the prosecutorial arm of the MCTF. As soon as prosecutors have passed a polygraph examination, they are able to work on MCTF cases. Prosecutors from the U.S., UK, and EUPOL mentor ACU prosecutors, and the UK supplements salaries; agencies provide funding. The ACU expects to indict several senior Afghan officials in the near term, and already faces a backlog of cases. INL has provided some additional funding for the mentoring process and DOJ is providing more mentoring attorneys in 2010. The AG has requested additional assistance, including air transportation to the provinces for prosecutors. THE GOLD-STANDARD IN FIGHTING CRIME IN AFGHANISTAN -------------- -------------- ¶5. Counter-Narcotics Justice Task Force: Established by law in 2005 and focused primarily on the prosecution of major drug trafficking offenses, the Counter-Narcotics Justice Task Force (CJTF) also prosecutes narcotics-related corruption cases. Located at the Counter-Narcotics Justice Center in Kabul, its 35 investigators, 30 prosecutors and 14 judges have handed down some 1555 convictions since 2005, including numerous corruption cases involving senior Afghan National Police (ANP) officers. Considered the country's premier investigative, prosecution and judicial institution, the CJTF serves as a model for other anti-corruption bodies in Afghanistan. Six Senior Legal Advisors from US DOJ mentor the CJTF, funded by INL. KABUL 00003853 002 OF 002 ¶6. The National Interdiction Unit: The National Interdiction Unit (NIU) is a specialized tactical enforcement arm of the Counter-Narcotics Police - Afghanistan (CNP-A),which works closely with DEA. The NIU handles long-term investigations of major drug trafficking organizations, monitors telecommunications, and arrests individuals for prosecution in the Afghan criminal justice system. Since its founding in 2004, it has grown from 50 ANP officers, including four females, to 256 personnel, including six operational teams and other groups dedicated to investigations and surveillance. With U.S. financial and training support through INL and DEA, the NIU has plans to grow to 500 ANP officers in the months ahead, and platoon-sized units will be deployed to Regional Centers in Konduz, Jalalabad, Kandahar and Herat. This expansion should greatly enhance Afghan drug enforcement capacity. WHO IS THE HOO? -------------- ¶7. High Office of Oversight: Established by Presidential Decree in July 2008 at the insistence of the international community, the High Office of Oversight (HOO) began operations in September 2008. The primary Afghan government anti-corruption body, it oversees prevention, develops and implements action plans, oversees investigations and prosecutions and reports to President Karzai. Its main achievement to date is initiating the Asset Registration process, a required benchmark for the Afghan Reconstruction Trust Fund (ARTF). However, the process has been imperfect and has fallen far short of expectations. The HOO has received about 78 percent of asset declarations requested of public officials, but has not yet conducted any verification review. HOO activities and staff are financed largely by foreign donors, primarily the UN and USG. The enabling legislation for the HOO provides little political and budgetary independence, limited authority to compel others to take action, and no authority to verify asset declarations or investigate complaints. The HOO law also fails to make filing a false declaration a criminal offense. International donors are pressing for reform of its authorizing legislation, but extensive revision and major budgetary and political support, including an international advisory board, will be necessary. Post will provide recommendations for necessary and massive reform of the HOO septel. PREVENTING CORRUPTION IS ALSO IMPORTANT -------------- ¶8. Post also assists the Afghan government and non-government institutions prevent and detect corruption, including auditing, procurement, and civil service reform. Afghanistan's Control and Audit Office (CAO) is responsible for external audit of government accounts, but is not independent from the executive. The USG continues to advocate for CAO independence. Post also coordinates with the World Bank to assist the Ministry of Finance to fulfill its internal audit function and to formulate and implement procurement reforms. Finally, the Independent Administrative Reform and Civil Service Commission (IARCSC) plays the essential role of creating and supporting a merit-based civil service. In partnership with USAID, IARCSC restructuring the civil service and training 16,000 government employees in five key functions, including procurement and financial management. COMMENT -------------- ¶9. Establishment of the Afghan corruption-fighting institutions is an important step towards fighting this scourge. Substantial additional resources will be needed to ensure that they are able to function effectively. (Post will send assessments of resource needs septel.) Initiatives such as establishing the Judicial Security Unit (reftel) and building regional courts of competence are also vital to the effort and will require substantial resources from international donors. However, law enforcement is not the only -- or always the most effective -- way to reduce corruption in Afghanistan. With the lengthy periods necessary to successfully prosecute a corrupt official, Post is exploring additional ways to influence behavior and punish offenders. These include incentives to change behavior (carrots),such as salary plus-ups or other additional resources, and disincentives (sticks),such as seizing assets, severing relationships, ending development assistance, taking back armored vehicles and security details, and applying Presidential Proclamation 7750 to deny visas to corrupt officials and their families and associates. Recognizing that preventing and detecting corruption is as important as punishing it, Post's anti-corruption strategy, currently under review in Washington, places equal emphasis on improving Afghan government capacity, transparency, and accountability. Eikenberry