VZCZCXRO1909
PP RUEHDBU RUEHIK RUEHYG
DE RUEHBUL #1325/01 0851407
ZNR UUUUU ZZH
P 261407Z MAR 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 9156
INFO RUCNAFG/AFGHANISTAN COLLECTIVE
RUCNIRA/IRAN COLLECTIVE
RHEHAAA/NSC WASHDC
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RUEKJCS/OSD WASHDC
RUEKJCS/SECDEF WASHDC
RUEKJCS/JOINT STAFF WASHDC//JF/UNMA//
RUEKJCS/JOINT STAFF WASHINGTON DC//J3//
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RHMFISS/HQ USCENTCOM MACDILL AFB FL
RUMICEA/JICCENT MACDILL AFB FL
RHMFIUU/COMSOCCENT MACDILL AFB FL
RUEATRS/DEPT OF TREASURY WASHDC
RUCNDT/USMISSION USUN NEW YORK 2350
RUEHNO/USMISSION USNATO 2552
RUEHGV/USMISSION GENEVA 5726
RUEHUNV/USMISSION UNVIE VIENNA 1190

UNCLAS SECTION 01 OF 03 KABUL 001325 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
RELEASABLE TO NATO/AUST/NZ/ISAF 
 
STATE FOR SA/FO, SA/A, S/CT, SA/PAB, EUR/RPM, INL 
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG 
NSC FOR AHARRIMAN, KAMEND 
CENTCOM FOR CG CFC-A, CG CJTF-76, POLAD 
 
E.O. 12958 N/A 
TAGS: PGOV KJUS PREL AF
SUBJECT: PRT/LASHKAR GAH - JUDICIAL REFORM 
CONFERENCE:  SOME LIGHT BUT A LONG WAY TO GO 
 
KABUL 00001325  001.2 OF 003 
 
 
¶1.  (SBU)  SUMMARY:  A judicial conference sponsored 
by the PRT on March 20 revealed that lack of 
education and corruption are major impediments to 
improving Helmand's judicial system.  Participating 
judges agreed that those engaged in poppy 
cultivation should be punished.  They also lamented 
the lack of alternative development available to 
poppy farmers in the province.  END SUMMARY. 
 
¶2.  (SBU)  The PRT's civil affairs unit organized 
its first judicial conference on March 20.  Captain 
Allan Dollison, a reserve officer who is a 
practicing public defender in civilian life, 
organized and led the conference.  Seven Helmand 
judges attended, including 72-year-old Chief Judge 
Afghani.  The four-hour conference included topics 
such as the judicial structure in Helmand, the 
civilian and criminal case management process, and 
traditional justice vs. formal justice. 
 
----------------------------- 
LIMITED USE OF FORMAL JUSTICE 
----------------------------- 
 
¶3.  (SBU)  The formal justice system still remains 
on the periphery of how Afghans settle dispute.  The 
judges estimated that up to 90 percent of cases are 
decided in the "informal" sector, including district 
and village shuras (councils).  However, there are 
still situations where the gun rules, especially in 
land disputes between different tribes, according to 
the judges.  Only about half of Helmand's 13 
districts have residing judges and prosecutors. 
 
------------------ 
EDUCATION IS A KEY 
------------------ 
 
¶4.  (SBU)  During the discussion, the judges said 
that one of the key factors working against the 
formal system is the high rate of illiteracy among 
the general population.  With the lack of education, 
citizens are reluctant to get into a process 
requiring documents and reports.  Also, they argued, 
the government needs to do more outreach to 
demonstrate to the public how to use the formal 
legal system.  The judges said that if the citizenry 
can be shown how to use the legal system, the 
potential for violence will be reduced.  The judges 
conclude that there should be a "partnership" 
between the education and judiciary ministries. 
 
---------------------------- 
WHAT'S BEST FOR AFGHANISTAN? 
---------------------------- 
 
¶5.  (SBU)  Discussing the type of system that might 
work best for Afghanistan, Captain Dollison said 
that there really is no "best" system; rather the 
Afghans should look at other systems and see how 
they can borrow elements that could fit within a 
framework that is appropriate for Afghanistan.  He 
noted that the U.S. system borrowed heavily from the 
Greeks, Romans, French, British, and others. 
Captain Dollison suggested that whatever path 
Afghanistan chooses, it should be through the 
 
KABUL 00001325  002.2 OF 003 
 
 
democratic process.  Furthermore, there is no reason 
why the informal and formal justice systems cannot 
coexist. 
 
¶6.  (SBU)  During the discussion, the judges 
admitted that corruption is one of the most pressing 
problems in the judicial system.  The judges noted 
that with the selection of Governor Daud there is a 
good chance that government will become more honest. 
They pointed out specifically that within the 
criminal justice system, bribery is a major problem 
with the police, who are paid off to avoid bringing 
cases to the prosecutors.  (Note:  This is true 
among prosecutors and judges as well. End note.) 
 
---------------------------- 
JUSTICE AND COUNTERNARCOTICS 
---------------------------- 
 
¶7.  (SBU)  The judges engaged in a lively discussion 
about poppy and eradication.  They agreed that 
growing poppy was illegal. They also said that 
anyone brought to their courts accused of being 
involved with poppy cultivation and/or narcotics 
trafficking should be punished.  They criticized the 
Coalition for not providing sufficient alternative 
livelihood programs to farmers.   Chief Judge 
Afghani noted that a key to poppy elimination is 
developing not only alternative crops, but also some 
manufacturing base.  He added that people grow poppy 
to support their basic needs because up to now, "the 
government has failed them."  The Taliban have been 
gone for over four years and basic needs such as 
clean water and electricity are still in short 
supply. 
 
¶8.  (SBU)   One primary court judge, Abdul Rahmin 
Muslim, opined that if there were a more extensive 
free seed distribution and if farmers could generate 
even half as much income as from poppy, they would 
grow wheat rather than poppy, which is clearly 
illegal and violates Islamic law.  The director of 
court security suggested that if all the money being 
spent on eradication were used for assistance to 
develop alternative incomes, farmers could cease 
poppy cultivation. 
 
------- 
COMMENT 
------- 
 
¶9.  While this civil affairs' judicial conference 
was a step in the right direction, the formal legal 
system in Helmand remains undeveloped.  Most 
prosecutors and judges are untrained and corruption 
permeates the system, as it does most aspects of the 
public sector.  Thus it is not surprising that 
citizens turn to the informal justice system or take 
justice into their own hands.  Judicial reform in 
Helmand is a major challenge that will take much 
time and human and capital investment.  With the 
upcoming UK transition to include a significant 
ramping up of its civilian component to address 
security sector and judicial reform, hopefully 
progress will be forthcoming. 
 
 
KABUL 00001325  003.2 OF 003 
 
 
NORLAND