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Viewing cable 06KABUL538, PRT/GHAZNI: JUSTICE REFORMS MAINTAIN MOMENTUM

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Reference ID Created Released Classification Origin
06KABUL538 2006-02-07 11:40 2011-08-24 01:00 UNCLASSIFIED Embassy Kabul
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 KABUL 000538 
 
SIPDIS 
 
 
DEPT FOR SA/FO AMBASSADOR QUINN, S/CT, SA/A, G KATE 
FRIEDRICH, G/IWI CHARLOTTE PONTICELLI AND DIANNE GRAHAM 
NSC FOR AHARRIMAN, KAMEND 
CENTCOM FOR POLAD, CG CFC-A, CG CJTF-76 
TREASURY FOR LMCDONALD, WBALDRIDGE, APARAMESWARAN, ABAUKOL 
STATE PASS USAID FOR AID/ANE, AID/DCHA/DG 
 
E.O. 12958: N/A 
TAGS: PREL PGOV KDEM PGOV KDEM AF AFPREL
SUBJECT: PRT/GHAZNI: JUSTICE REFORMS MAINTAIN MOMENTUM 
 
REF: KABUL 5234 
 
1.  SUMMARY:  The Ghazni Judicial Conference, held December 
14-15, 2005, brought key GOA officials from the Supreme 
Court, Ministry of Justice and Ministry of Interior to Ghazni 
to meet with provincial justice officials and to rview how 
well the Ghazni justice system complies with proper judicial 
procedures (REFTEL).  The conference was facilitated by 
CFC-A, USAID, DoS (INL/JSSP), and the Ghazni PRT.  All 
participants considered the conference a success, in that it 
identified material and procedural problems and opened lines 
of communication between the central and provincial 
governments.  Participants identified several action items 
for improving coordination within the Ghazni justice system, 
especially in regard to ensuring that prisoners' cases are 
processed within the legal time limits allotted by law.  It 
was agreed that Kabul officials would return to Ghazni in 
mid-February for a 60-day follow-up meeting; in the meantime, 
PRT Ghazni is meeting with justice officials to check on 
progress and help sustain momentum.  END SUMMARY. 
 
PRT FOLLOW-UP 
============= 
 
2.  Over the last two weeks PRT officers, including CDR and 
Department of State representative, have met with the Ghazni 
Chief Prosecutor, Assistant Prosecutor, Chief Judge, Deputy 
Police Chief (the Police Chief had not yet returned from the 
hajj), and the Prison Director.  We have also visited the 
Ghazni Provincial Prison to monitor the conditions of 
prisoners.  During these visits, we discussed with each 
official what actions they have taken since the December 
conference, and provided them with copies of the minutes 
generated by the Ministry of Justice for the December 
meeting.  None of the Ghazni officials had received the 
minutes through their own government channels. 
 
ACTIONS TAKEN SINCE LAST MEETING 
================================ 
 
3.  Ghazni provincial officials have formed an 
inter-departmental judicial committee that meets weekly to 
identify problems, coordinate procedures and review 
individual prisoners, cases.  The committee consists of the 
Chief Judge (chair), Deputy Police Chief, Assistant 
Prosecutor, and Prison Director.  The committee has met twice 
so far (they missed a couple of weeks because of Eid), and is 
working on a report identifying procedural problems in 
Ghazni.  The report will be forwarded to the Supreme Court 
and Ministries of Justice and Interior in Kabul.  At our 
meeting with the committee, we noted that its establishment 
seems to have resulted in more collegial working 
relationships and a palpable sense of enthusiasm, although 
concrete results are limited this early in the process. 
 
4.  PRT has delivered three whiteboards and a set of 
whiteboard markers to the Ghazni provincial prison.  As 
agreed at the conference, these whiteboards will be posted in 
the main cellblock, where prisoners can see them.  Prison 
officials will post on the boards the timeline for each 
prisoner's case - i.e. arrest date, 30-day prosecution 
period, 30-day court period, etc.  This will allow prisoners 
to keep track of whether they are being held within the 
lawful time periods. 
 
5.  PRT has also delivered USAID-printed basic legal texts to 
the Ghazni Chief Prosecutor, Chief Judge, and the prison, and 
to district centers.  We also provided about 200 copies of a 
card which outlines prisoners, rights in Pashto and Dari to 
the Ghazni Prison, to be given to each prisoner when he or 
she arrives. 
 
6.  PRT and CFC-A have discussed the possibility of a "mobile 
court" concept for Ghazni and/or Wardak, which would begin to 
address one of the justice system's most pressing problems -- 
transportation.  Further work is needed in this area, 
specifically caseload statistics by district so that we can 
determine how many vehicles might be necessary. 
DEPT FOR SA/FO AMBASSADOR QUINN, S/CT, SA/A, G KATE 
FRIEDRICH, G/IWI CHARLOTTE PONTICELLI AND DIANNE GRAHAM 
NSC FOR AHARRIMAN, KAMEND 
CENTCOM FOR POLAD, CG CFC-A, CG CJTF-76 
TREASURY FOR LMCDONALD, WBALDRIDGE, APARAMESWARAN, ABAUKOL 
STATE PASS USAID FOR AID/ANE, AID/DCHA/DG 
 
E.O. 12958: N/A 
TAGS: PREL PGOV KDEM PGOV KDEM AF AFPREL
SUBJECT: PRT/GHAZNI: JUSTICE REFORMS MAINTAIN MOMENTUM 
 
7.  PRT provided copies of the minutes from the December 
conference to the Ghazni governor, justice officials, and to 
the Ghazni Provincial Council. 
 
REMAINING QUESTIONS 
=================== 
 
8.  Most of the action items identified at the December 
conference were procedural issues which require resolution at 
the ministry level in Kabul.  One key question is which 
judicial department has the authority to release prisoners 
who have been held longer than the legal time limits.  We 
look forward to updates on these action items at the 60-day 
follow-up meeting in February. 
NEUMANN