VZCZCXRO8000
OO RUEHDBU RUEHPW
DE RUEHBUL #1383/01 1521323
ZNR UUUUU ZZH
O 011323Z JUN 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9196
INFO RUCNAFG/AFGHANISTAN COLLECTIVE IMMEDIATE
RUEHBU/AMEMBASSY BUENOS AIRES IMMEDIATE 0081
RHMCSUU/FBI WASHINGTON DC IMMEDIATE
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC IMMEDIATE

UNCLAS SECTION 01 OF 02 KABUL 001383 
 
SIPDIS 
SENSITIVE 
 
STATE FOR S/SRAP HOLBROOKE, SCA/FO, SCA/A 
STATE PASS FBI, DOJ, USAID 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS KDEM AF
SUBJECT: GIROA EXTRADITES AFGHAN-AMERICAN CORRUPTION 
SUSPECTS TO U.S. 
 
REF: STATE 55550 
 
KABUL 00001383  001.2 OF 002 
 
 
¶1. (SBU) Summary: Following intensive collaboration from May 
29 to June 1 within and between the country team and 
Government of Afghanistan (GIRoA) leaders, GIRoA extradited 
two Afghan-Americans suspected of attempting to bribe a U.S. 
military contracting officer.  Depending on weather 
conditions affecting aviation alternatives, the suspects will 
depart Bagram, Afghanistan June 1 to arrive at Washington 
Dulles Airport via Kuwait on either June 2 or 3.  End Summary. 
 
¶2. (U)  Following expulsion orders by an Afghan prosecutor 
and Afghan National Police elements, U.S. Department of 
Justice officers took into custody Rohulla Farooqi Lodin and 
Hasmatullah Farooqi May 31 on suspicion of offering bribes 
for Commander's Emergency Response Program (CERP) projects in 
Logar province.  The Afghan officials were present during 
this action at Forward Operating Base Shank in Logar.  Both 
Lodin and Farooqi are dual U.S.-Afghan nationals.  Farooqi is 
the brother of Transport Minister Farooqi and Lodin is a 
relative of Logar Governor Lodin.  The action occurred 
following Ambassador's delivery of Diplomatic Note No. 
09-1505 (reftel) which formally notified Foreign Minister 
Spanta of the impending action, and requested expulsion of 
the suspects. 
 
¶3. (U)  Ambassador had requested President Karzai's urgent 
and full cooperation on May 30, one day in advance of the 
planned arrests.  Karzai immediately agreed, and directed his 
ministers to support the U.S. law enforcement action. 
Following the May 31 arrest, Deputy Ambassador Ricciardone, 
USDOJ senior legal advisors, and SIGAR Director met with 
Foreign Minister Spanta, Interior Minister Atmar, Attorney 
General Aoloko, and Action Supreme Court Chief Justice Baha 
to work out details of a possible extradition of the suspects 
under Afghan and international law.  Minister Spanta 
expressed his and President Karzai's unwavering political 
support to find a mutually acceptable legal means for 
extradition, and to stregthen the rule of law in Afghanistan. 
 Spanta said he had consulted three laws, including Article 
28 of the Afghan Constitution, the Afghan Criminal Procedure 
and Code, and Article 31 of the Afghan Citizenship Law. 
Article 28 of the Constitution states the "No citizen of 
Afghanistan accused of a crime shall be extradited to a 
foreign state without reciprocal arrangements as well as 
international treaties to which Afghanistan has joined."  The 
U.S. joined the United Nations Convention Against Corruption 
October 30, 2006 and Afghanistan became a member August 25, 
¶2008.  The Afghan officials agreed that the cited Afghan laws 
and the UN Convention Against Corrution constitute a clear 
legal basis for extradition of these two suspects. 
 
¶4. (U) Spanta and his colleagues then developed and laid out 
the specific steps of the remaining process to complete 
extradition under Afghan law.  Minister Atmar urged the 
Supreme Court Justice to act quickly on the extradition. 
Baha, Attorney General Aoloko and Spanta promised to complete 
all of the following steps within 24 hours -- and did so. 
 
- The U.S. Embassy agreed to deliver a second diplomatic note 
(No. 09-1531, full text in paragraph 7) to the MFA within the 
hour, with Dari translation to follow by evening.  The new 
note references the arrests that had already taken place and 
spells out the legal basis for extradition.  At the Attorney 
General's request, the note also specifically mentions the 
presence fo the Afghan prosecutor at the scene of the arrest. 
 
- The MFA would then transmit the note to the Attorney 
General under cover of a letter laying out the international 
legal basis for extradition and asking the Attorney General 
to take the appropriate measures. 
 
- Meanwhile, the Attorney General said two Afghan prosecutors 
would have to interview the suspects.  He agreed to send the 
prosecutors immediately to Bagram airfield for this purpose. 
The U.S. Embassy arranged helicopter transport for the 
prosecutors, who conducted these interviews late the same 
afternoon of May 31. 
 
- Finally, the Attorney General agreed to ask the Supreme 
Court's Judicial High Counsel for a final decision on 
extradition. 
 
¶5. (U)  We received verbal confirmation of Supreme Court 
authority from Ministers Spanta and Atmar early afternoon on 
 
KABUL 00001383  002.2 OF 002 
 
 
June 1.  Depending on weather conditions, the suspects will 
be extradited via U.S. military air to Kuwait at 
approximately 21:00 local time.  Arragements are being made 
for a departure to Kuwait on the first available non-stop 
commercial flight to Washington Dulles Airport, likely on 
June 2 for a June 3 arrival at IAD.  We will report the 
specific flight and arrival information when available. 
 
¶6. (U) The identification of a legal basis for extradition 
through Article 28 of the Afghan Constitution and the UN 
Convention Against Corruption forms a breakthrough precedent, 
MOI Atmar agreed that we should submit a similar diplomatic 
note asking the MFA to look into application of Article 28 
and the United Nations Convention on Illicit Traffic of 
Narcotic Drugs and Psychotropic Substances in order to 
extradite Haji Bagchoo, the suspected narcotics trafficker 
now in Afghan custoday at the CNJAC detention center pending 
the filing of Afghan charges.  The presence of the Afghan 
prosecutor and police at the arrest of two suspects, one of 
them the brother of a minister, also should send a strong 
signal that GIRoA is prepared to collaborate with the U.S. 
against corruption.  End Comment. 
 
¶7. (U) Text of Diplomatic Note No. 09-1531: 
 
     The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of the Islamic 
Republic of Afghanistan, and has the honor to request the 
exradition of Rohullah Farooqi Lodin and Hasmatullah Farooqi 
to the United States. 
     Pursuant to the Constitution of Afghanistan, Article 28, 
and the United Nations Convention Against Corruption, Article 
44, Section 5, the Government of the United States of America 
has requested the Government of the Islamic Republic of 
Afghanistan to extradite Rohulla Farooqi Lodin and 
Hasmatullah Farooqi to the United States of America.  The 
Government of the Islamic Republic of Afghanistan became a 
signatory to the United Nations Convention Against Corruption 
on August 25, 2008.  The United States of America became a 
signatory to that Convention on October 30, 2006. 
     The facts concerning the investigation against Lodin and 
Farooqi are set forth in detail in Diplomatic Note No. 
09-1505, delivered by the United States Ambassador to the 
Minister of Foreign Affairs of the Islamic Republic of 
Afghanistan on May 31, 2009. 
     Following delivery of Diplomatic Note No. 09-1505, on 
May 31, 2009, Lodin and Farooqi, both citizens of the United 
States of America, were arrested and placed custody when they 
arrived at FOB Shank, in Logar Province, Afghanistan, and 
attempted to deliver a bribe to an American public official. 
In accordance with Afghan law, the Afghan National Police, 
under the authority of the Afghan Minister of the Interior, 
and an Investigative Prosecutor, under authority of the 
Afghan Attorney General, were present at the scene of the 
arrest. 
     Lodin and Farooqi are the subjects of Criminal Complaint 
number 1:09MJ378, filed on May 29, 2009, in the U.S. District 
Court for the Eastern District of Virginia, charging them 
with corruptly offering a bribe to a public official wiht 
intent to influence the award of a government contract, in 
violation of 18 USC Section 201(b)(1).  Also on May 29, 2009, 
U.S. Magistrate Judge Thomas Rawles Jones, Jr, issued a 
warrant for the defendants' arrest based on the offense set 
forth in the charging document.  Though the Criminal 
Complaint and Warrant are currently under seal, the court has 
authorized their disclosure to appropriate Afghan authorities 
to effect the defendants' return to the United States. 
     The United States of American gratefully acknowledges 
the cooperation and assistance of the Government of the 
Islamic Republic of Afghanistan in carrying out the arrest of 
Lodin and Farooqi. 
     The Embassy of the United States of America avails 
itself of this opportunity to renew to the Ministry of 
Foreign Affairs of the Islamic Republic of Afghanistan the 
assurances of its highest consideration. 
 
Embassy of the United States of America, 
     Kabul, May 31, 2009. 
EIKENBERRY