HUMAN RIGHTS COMMISSION REBUTS MP'S ALLEGATIONS OF

C O N F I D E N T I A L SECTION 01 OF 02 KABUL 004060

SIPDIS

E.O. 12958: DECL: 12/17/2019
TAGS: PGOV PHUM PREL KDEM AF
SUBJECT: HUMAN RIGHTS COMMISSION REBUTS MP'S ALLEGATIONS OF
CORRUPTION

Classified By: Political Counselor Annie Pforzheimer for reasons 1.4 (b
) and (d).



1. (SBU) Summary: An MP publicly accused the Afghan
Independent Human Rights Commission (AIHRC),including
Chairperson Sima Samar, of corruption, and repeated these
allegations (without providing proof) in a follow-up meeting
with EMBASSY officials. AIHRC Commissioner Nader Nadery has
publicly and privately rebutted these claims, stating that
the public allegations were made to discredit the AIHRC
following the Commission's recent criticism of the Government
of the Islamic Republic of Afghanistan (GIRoA) for its slow
movement on transitional justice. End Summary.

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Kabuli Alleges AIHRC Corruption
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2. (C) Speaking on behalf of the three-and-a-half month old
National Participation Front (NPF) political movement, MP
Najibullah Kabuli (Kabul, Tajik),held a press conference on
December 5 during which he accused the AIHRC, and in
particular Sima Samar, her brother Ahmad Ali Yaqoub, and
AIHRC Commissioner Nader Nadery of corruption. Kabuli
alleged Yaqoub, whom he said holds an unofficial position at
the AIHRC, was put in charge of all of AIHRC's finances and
has funneled money into an account belonging to Samar in
Dubai. Kabuli also said he had proof that Samar has accepted
between USD 250,000 and USD 300,000 in exchange for removing
names from AIHRC's list of war criminals. Kabuli told the
media the NPF is gathering evidence on nearly 100 other
people they suspect are involved in corruption. He called
for public support and government action to try criminals
working within the GIRoA.


3. (C) In a separate meeting with EMBASSY officials on
December 15, Kabuli elaborated on corruption claims he made
in his press conference. He told us Samar, a Hazara, is
"connected" to politicians and pointed to the "bias" in
AIHRC's list of war criminals, noting in particular that
Mohaqqeq (a Hazara leader) does not appear on AIHRC's list.
Kabuli told us confidently that Samar and six other
commissioners are blackmailing war criminals. He said that
AIHRC is not adhering to its confidentiality rules, and
exploits video evidence of human rights abuses to extort
money from war criminals. Kabuli reiterated that he has
proof of bribery and embezzlement, although he did not
provide concrete information despite our request. He said he
does not trust the courts to fairly try a case against the
AIHRC, and is calling for the development of a special court
to do so. He warned that AIHRC is preparing fake financial
documents to use in its defense.

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AIHRC: Allegations are Politically Motivated
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4. (C) Following Kabuli's December 5 press conference, AIHRC
Commissioner Nader Nadery immediately rebutted the National
Participation Front's claims. He told Afghan press the
allegations were false and called them "politically
motivated." Nadery also claimed that Ahmad Ali Yaqoub is not
involved in the organization's finances, and that both the
finances and the actions of the Commission are transparent.
Nadery also told media outlets that Kabuli's false
allegations were themselves a crime, and that the AIHRC
planned to take action against Kabuli.


5. (C) In a December 9 conversation with EMBASSY officials,
Nadery told us that the AIHRC (which receives no USAID
funding) is audited annually by PricewaterhouseCoopers,
proving the embezzlement could not have occurred. Nadery
said that the AIHRC had already filed a court case against
Kabuli for slander. The AIHRC was prepared to defend itself
in court should Kabuli choose to pursue his allegations, he
said.

6. (C) Nadery also elaborated on his public claim that
Kabuli's allegations were "politically motivated." He
believes Kabuli's December 5 press conference was a direct
response to his and Commissioner Farid Hamidi's criticism of
the GIRoA on Tolo TV's December 3 "6:30 Magazine" news
program. Nadery said the two commissioners criticized the
government's lack of progress on the transitional justice
action plan and the continuing presence of criminals in the
government. According to Nadery, President Karzai's Chief of
Staff called Tolo immediately following the broadcast and
ordered Tolo not to air such critical programs. Nadery
implied "someone in the Palace" may have put Kabuli up to the
task of discrediting the AIHRC through his own media outlet,

KABUL 00004060 002 OF 002


Emroz, which reportedly broadcast Kabuli's allegations
repeatedly. Nadery said Kabuli contributed to Karzai's
presidential campaign, and alleged that Emroz receives
funding from the Palace.


7. (C) Comment: Donor organizations, led by the Swiss Agency
for Development and Cooperation, noted to us that other
accusations against the AIHRC have been for the most part
dismissed. So far, we have not seen any proof that Kabuli's
allegations against the AIHRC are true. They likely stem
from the international community's renewed focus on
corruption, and could either be an attempt to influence
Samar's position in the new Karzai government (the
chairperson of the AIHRC is appointed by the President),or
discredit the Commission's work on transitional justice. We
will continue to follow Kabuli's allegations, the media
reaction, and any potential court cases.
EIKENBERRY