This record is a partial extract of the original cable. The full text of the original cable is not available.

140059Z Feb 06

UNCLAS SECTION 01 OF 05 DHAKA 000775 
 
SIPDIS 
 
E.O. 12958:N/A 
TAGS: PGOV PHUM PREL BG
SUBJECT:  SOLICITATION FOR INCLE FUNDS 
 
REF:  2005 STATE 221416 
 
¶1.  Per reftel, post is forwarding the following TIP proposal 
submitted by the Office of Overseas Prosecutorial Training and 
Development (OPDAT) at the US Department of Justice.  It is our 
understanding that this same proposal has already been submitted 
directly to the G/TIP office. 
 
¶2.  Post strongly supports this proposal.  The training proposed 
squarely addresses the lack of knowledge and skills among 
Bangladeshi public prosecutors to effectively prosecute human 
traffickers, and focuses on a select group of attorneys and 
judges.  This proposal also complements on-going initiatives 
being carried out by USAID and other Agencies at post.  We 
anticipate the outcome will be improved quality of cases 
presented and eventually higher conviction rates. 
 
¶3.  OPDAT's proposal follows. 
 
BEGIN TEXT 
 
¶A.  Title:   Strengthening Bangladeshi Capacity to Prosecute and 
Adjudicate Trafficking in Persons Crimes 
 
¶B.  Name of Recipient Government Agency: 
 
U.S. Department of Justice 
Office of Overseas Prosecutorial Development, Assistance and 
Training (DOJ/OPDAT) 
 
Attention: 
 
Christopher Lehmann 
Regional Director 
Phone:   202-307-0421 
e-mail:  Christopher.lehmann@usdoj.gov 
 
Beth Truebell 
Phone:  202-514-3253 
e-mail:  beth.truebell2@usdoj.gov 
 
This proposal was prepared in partnership with: 
 
Nancy Langston 
Resident Legal Advisor (DOJ/OPDAT) 
LangstonNX@state.gov 
US Embassy 
Dhaka, Bangladesh 
Work tel: 880-2-885-5500, ext. 2516 
(RLA coordinated Country Team review of proposal for the Mission) 
 
¶C.  Duration of Project: This is proposed as a one-year project. 
It will be implemented as a follow-on project to an OPDAT program 
now underway in Bangladesh to develop and improve the abilities 
of Bangladeshi prosecutors to pursue trafficking in persons (TIP) 
crimes. 
 
¶D.  Description of Project: 
 
¶1.  Background/Justification 
 
Bangladesh is a country of origin and transit for women and 
children trafficked for the purposes of sexual exploitation, 
involuntary domestic servitude, and debt bondage. An estimated 10- 
20,000 women and girls are trafficked annually to India, 
Pakistan, Bahrain, Kuwait, and the United Arab Emirates (U.A.E.). 
A small number of women and girls are trafficked through 
Bangladesh from Burma to India. Bangladeshi boys have also 
trafficked into the U.A.E. and Qatar and forced to work as camel 
jockeys and beggars. Women and children from rural areas in 
Bangladesh are trafficked to urban centers for commercial sexual 
exploitation and domestic work. 
 
Bangladesh has made important strides in dealing with trafficking 
problems.  Laws designed to specifically criminalize anti- 
trafficking were added to the Penal Code in 2000, and law 
enforcement resources have been specifically dedicated to 
handling such cases.  Twenty-five District Judges were assigned 
to deal with trafficking cases arising under the Penal Code, and 
an additional 41 Special District Tribunals were set up to handle 
cases under the Women's and Children's Code.  In 2004, the 
government designated a Deputy Attorney General to ensure quick 
disposal of trafficking cases, and approximately 60 Special 
Public Prosecutors have been assigned to handle such cases. 
 
While Bangladesh reports obtaining convictions in TIP 
prosecutions (17 last year), as well as initiation of TIP related 
corruption prosecutions (11 cases reported initiated last year), 
the DOJ Resident Legal Advisor posted to Embassy Dhaka, and other 
DOJ lawyers who have assessed Bangladeshi prosecution capacity 
remain skeptical of the accuracy and veracity of these figures. 
In actual fact the "Special Public Prosecutors" are lawyers in 
private practice who are paid a pittance for handling their TIP 
cases.  While they are reported to be generally well intentioned, 
and attempt to do their best in the face of tremendous obstacles, 
they are poorly trained and susceptible to corruption. 
Predictably, there is also a serious disconnect between 
investigators and prosecutors (among other things, the 
investigators file the charges before the prosecutor is even 
involved).  Prosecutors do little in the way of case preparation 
and often meet the victims and witnesses for the first time at 
the court proceedings. 
 
As noted, DOJ/ODPAT is currently engaged in a G/TIP funded 
program to develop prosecution skills and competence to handle 
trafficking cases, and to put in place indigenous training 
capacity.  DOJ has two initial goals:  train all 60 of the 
prosecutors (with the additional inclusion at that training of 
the 10 investigators who are members of the Anti-TIP police 
monitoring cell), and gradually build indigenous training 
capacity.  A four day train-the trainer program is scheduled for 
Dhaka for the week of March 20, 2006, with follow on training and 
mentoring 
 
¶2.  Objective: 
To expand and strengthen enforcement of Bangladesh's anti-TIP 
laws against persons engaged in human trafficking, by improving 
the capacity of Bangladesh's prosecutors and judges to develop, 
handle and justly resolve such cases. 
 
¶3.  Activities: 
 
The Project will consist of two main components: (1) follow-on 
training for prosecutors, with emphasis on developing indigenous, 
self-sustaining training capacity, and (2) TIP training for 
judges on both the District Court and Special Tribunals, again 
with the ultimate goal of developing self-sustaining training 
capacity.  The two components will be separately implemented, as 
the judges have expressed a strong insistence to DOJ to be 
trained alone (there are a variety of persuasive institutional 
and cultural reasons for this, reflecting the different 
professional standing of prosecutors and judges in Bangladesh). 
 
¶A.  Prosecutor Training 
 
DOJ/OPDAT will continue its ongoing efforts to develop the skills 
of prosecutors to handle TIP cases, while at the same time build 
and expand a team of Bangladeshi prosecutor-trainers, who can 
increasingly take responsibility for implementing such training. 
 
The substantive training will address the Bangladeshi  TIP 
statutes, TIP modalities seen in Bangladesh (with case studies), 
advocacy skills, the need for prosecutors and law enforcement to 
be aware of and sensitive too the special nature and needs of 
trafficking victims, resources available for TIP victims, the 
roles of NGOS in helping to develop effective prosecutions, the 
need for greater cooperation between both prosecutors and between 
investigators and prosecutors and NGOs, witness protection, and 
international legal assistance mechanisms. 
 
Development of a cadre of Bangladeshi trainers is a longer term 
goal.  TIP training for prosecutors needs to be put in a larger 
context:  Bangladeshi prosecutors do not currently receive any 
kind of specialized or continuing legal training.  There is no 
prosecutor training academy.   Accordingly, it is unreasonable to 
expect that one or two "train the trainers" sessions will build 
the level of capacity that is sought.  Instead, we propose a 
gradual incorporation of Bangladeshis into the program faculty, 
with US trainers mentoring promising instructors at each step of 
the way, so that they can take increasing larger roles in the 
training program. 
 
DOJ/OPDAT proposes a minimum of three prosecutor training 
programs at four to five month intervals, for approximately 15 
prosecutors per session (these are follow-on training programs 
that will build on the three training programs for prosecutors 
planned under the currently funded program). The RLA at Embassy 
Dhaka recommends all training be done in Dhaka, rather than the 
regions for reasons of facilities, safety and logistics. 
 
¶B.  Judicial Training 
 
Judicial training would be similar in content to prosecutor 
training, but for institutional and cultural reasons, would be 
run separately (ideally, in tandem with prosecutor training). 
Emphasis would be placed both on providing judges with the 
substantive capacity to better handle TIP cases, and on mentoring 
a cadre of judicial trainers who, over time would assume a larger 
role in implementing the training.   Special emphasis would also 
be put on issues of particular relevance to judges, including the 
need for judges to treat TIP crimes as serious crimes warranting 
real sentences. 
 
Judicial training will be facilitated by the existence of a 
judicial training academy in Dhaka (set up and run with support 
from Danida, the Danish aid agency) under the authority of the 
Law Ministry.  DOJ/OPDAT proposes two training sessions; one for 
District Court judges and one for Special District Tribunal 
Judges. 
 
¶C. "Refresher" Training for Prosecutors and Judges 
 
DOJ/OPDAT proposes that graduates of both sets of training 
programs return for shorter one or two day courses that will 
focus on hypothetical case studies and applying law to specific 
fact patterns.  Refresher courses would be coordinated through 
the DOJ RLA's office at the embassy and would not rely on US or 
foreign faculty traveling to Bangladesh, but would instead use 
Bangladeshi trainers who had been mentored during the first 
rounds of training.  Because the courses are shorter and simpler 
in nature, refresher courses could be offered in the regions as 
well as in Dhaka. 
 
¶D. Creation of Second DOJ FSN position to support TIP programs 
 
The success of this program will depend on the ability to have 
regular follow-up with participants.  As noted, in-service 
training of legal professionals is, in and of itself, largely non- 
existent in Bangladesh.  Realistically, indigenous trainers are 
not going to be produced in one-four day session, but will need 
gradual and repeated mentoring to develop confidence in their 
role. OPDAT experience across the globe demonstrates that local 
trainers can eventually take over and handle most training 
responsibilities, but that the process of building an indigenous 
training corps is gradual. 
 
Accordingly, OPDAT proposes adding a qualified Bangladeshi 
attorney to its office at Embassy Dhaka, to be supervised by the 
RLA and OPDAT/HQ, with primary responsibility for substantive and 
logistical implementation of the program.  At present, DOJ's 
existing office Embassy Dhaka is staffed by only one Bangladeshi 
FSN, who is exclusively funded by counter-terrorism funds, and 
who already has a full portfolio of activities. 
 
Addition of a locally employed staff (LES) person, dedicated to 
this project, will also allow for better program evaluation and 
better curricula development.  In addition to coordinating the 
training events themselves, a properly supervised LES will 
provide the ability to follow actual cases through the courts, 
and identify patterns and modalities as well as weaknesses in 
enforcement and adjudication process.  This information can be 
fed back into the training programs, particularly at the follow- 
on roundtable and "refresher" stages of training. 
 
¶4.  Sustainability 
 
The program is designed to slowly develop skills and build a 
sense of professionalism on the part of Bangladesh's prosecutors 
and judges who handle TIP cases.  Participants will be mentored 
as a follow up to their initial training, to reinforce what they 
have learned and encourage application of their training in daily 
work lives. Once those skills are absorbed into the work habits 
of the participants, they will be able to independently function 
as more effective judges and prosecutors, and will be better 
equipped to deal, on their own, with trafficking cases.  Because 
the program is focused on development of skills, it is not 
dependent on additional material resources or institutional 
reforms.  The Judicial Training Academy will be encouraged to 
incorporate these training courses into their evolving judicial 
training curriculum under the auspices of the Law Ministry. 
 
¶E.  Justification:  See discussion above at 
Background/Justification 
 
¶F.  Performance Measures: 
 
--   A cadre of Bangladeshi trainers is developed with 
specialized competencies to deliver TIP training to prosecutors 
and judges. 
 
--   Bangladeshi Prosecutors acquire a better understanding of 
the successful techniques and strategies used in anti-TIP cases 
and thus are better prepared to bring such prosecutions. 
 
--   Bangladeshi judges develop a better understanding of the 
legal and societal issues presented by TIP cases, and of the 
necessity of applying appropriate sanctions in such cases. 
 
--   Number of TIP prosecutions and convictions increases. 
 
¶G.  Evaluation Plan 
 
Participant evaluations will be solicited as part of each 
training program, and recommendations and feedback will be 
considered and incorporated into planning of subsequent training 
sessions.   DOJ/OPDAT personnel in Bangladesh will follow-up at 
regular intervals with training participants to obtain further 
feedback both on follow-on training needs, and to ascertain how 
training is being put to use in practice. 
 
After Action reports will be prepared for all events, and 
reporting on both programs and their impact will be included in 
the regular DOJ/OPDAT reporting from Post.  DOJ will attempt to 
monitor the handling of selected, representative TIP 
prosecutions.  Follow on reporting will include qualitative and 
(to the extent possible) quantitative information on TIP 
prosecutions and convictions in Bangladesh. 
 
OPDAT/HQ will periodically review the program in Washington, 
using after action reports, RLA reporting, and other sources. 
 
¶H.  Budget Breakout: See Appendix 
 
¶I.  Host Government Contribution:  Bangladesh is one of the 
world's poorest countries, and the government has few resources 
to support training programs. The government is willing to make 
facilities available for programs, but with the exception of the 
new Judicial Training Academy, these are often in such poor 
condition that they are not viable training sites. Bangladeshi 
partners at the prosecutors' offices and on the judiciary 
continue to give freely or their time and energy to make training 
programs a success, and have exhibited important political will 
towards improving anti-TIP efforts. 
 
¶J.  Proposed Funding Mechanism: INCLE Funds through DOJ/OPDAT 
 
¶K.  Embassy Point of Contact 
 
Nancy Langston 
Resident Legal Advisor (DOJ/OPDAT) 
LangstonNX@state.gov 
US Embassy 
Madani Avenue, Baridhara 
Dhaka 1212, Bangladesh 
Work tel: 880-2-885-5500, ext. 2516 
Work fax: (880) (2) 882-3744 (Main Embassy fax) 
 
 
                            APPENDIX 
 
Budget Breakout 
 
a. Three (3) prosecutor training workshops: 
 
(cost per workshop) 
 
US trainers (2 per program) 
 
Airfare (rt--$8,500 each)          $17,000 
Lodging (6 nights each @ $116)     $1,392 
Per diem (8.5 days @ $75 per day)  $1,275 
Subtotal                      $19,667 
 
Site Expenses: 
(venue and equipment rental for 
4 day program)                          $1,000 
Interpretation ($500 per day x 4)       $2,000 
 
Participant expenses (for prosecutors from 
outside Dhaka): 
 
     Lodging and MI%E for 4 days 
     ($175 per participant x 10)        $1,750 
     Transportation ($50 x 10)          $500 
 
Materials                          $1,500 
 
Subtotal (per training)                 $26, 417 
 
Translation of materials 
(one time expense)                 $1,000 
 
Total for three programs:               $80,251 
 
b. Two (2) Judicial Training Workshops 
 
(cost per workshop) 
 
US trainers (2 per program) 
 
Program 1: 
Airfare (same trainers as at 
Prosecutor training)          0 
Lodging (5 additional nights 
each @ $116)             $1,160 
Per diem (5 additional days 
           @ $75 per day)          $750 
Subtotal                      $1,910 
Program 2: 
Airfare (rt--$8,500 each)          $17,000 
Lodging (6 nights each @ $116)     $1,392 
Per diem (8.5 days @ $75 per day)  $1,275 
Subtotal                      $19,667 
Site Expenses (each program): 
(venue and equipment rental for 
4 day program)                          $1,000 
Interpretation ($500 per day x 4)       $2,000 
Participant expenses, each program 
(for prosecutors from outside Dhaka): 
 
Lodging and MI%E for 4 days 
($175 per participant x 10)        $1,750 
Transportation ($50 x 10)          $500 
Materials                          $1,500 
Subtotal for Judicial Program I:        $8660 
Subtotal for Judicial Program II:       $26,417 
Translation of materials 
(one time expense)                 $1000 
 
Total for Two Programs:                 $36,077 
 
c. "Refresher" Training for Prosecutors and Judges 
 
Five (5) one day programs in Dhaka 
 
Site Expenses: 
(venue and equipment rental for 
1 day program)                          $250 
Interpretation                          $500 
Participant expenses (for prosecutors from 
outside Dhaka): 
 
Lodging and MI%E for 2 days 
($100 per participant x 10)        $1000 
Transportation ($50 x 10)          $500 
 
Materials                          $500 
Subtotal per program:                   $2,750 
 
Translation of materials 
(one time expense)                 $500 
 
Total for five programs                 $14,250 
 
d. DOJ Locally Employed Staff Attorney (FSN) 
 
Salary and benefits                $10,000 
In-country travel expenses              $2,500 
Computer/office furnishings             $12,000 
Increase to ICASS Assessment            $15,000 
 
Total for LES position                       $39,500 
 
Total Program Expenses                       $170,078 
 
OPDAT Overhead at 12% of expenses            $20,409 
 
Program Cost:                           $190,487 
 
END TEXT OF PROPOSAL 
 
CHAMMAS