VZCZCXRO2162
PP RUEHDBU RUEHIK RUEHYG
DE RUEHBUL #1630/01 1011127
ZNR UUUUU ZZH
P 111127Z APR 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 9536
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 2421
RUEHNO/USMISSION USNATO 2615
RUEHGV/USMISSION GENEVA 5821
RUEHUNV/USMISSION UNVIE VIENNA 1262

UNCLAS SECTION 01 OF 02 KABUL 001630 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
RELEASABLE TO NATO/AUST/NZ/ISAF 
 
STATE FOR SCA/FO, SCA/A, S/CRS, SCA/PAB, S/CT, 
EUR/RPM 
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 SOCI AF
SUBJECT: PRT/LASHKAR GAH - PROSECUTORS DISCUSS THEIR 
ROLE 
 
REF:  KABUL 1325 
 
KABUL 00001630  001.4 OF 002 
 
 
¶1.  (SBU) SUMMARY:  At a PRT sponsored seminar on 
March 28, Helmand prosecutors demonstrated a good 
knowledge of procedures and the applicable sections 
of the Afghan constitution.  They cited lack of 
evidence and police corruption as the main reasons 
why many cases are not sent forward to judges.  A 
key issue that remains unresolved is the extent to 
which the court system will be involved in religious 
law issues.  END SUMMARY. 
 
¶2.  (SBU)  As part of its judicial reform effort, 
the PRT's Civil Affairs deputy commander, Captain 
Allan Dollison, led a discussion with a number of 
Helmand provincial prosecutors.  Attendees included 
Mohammed Ismael, Prosecutor for the National 
Directorate of Security (NDS); Abdul Hadi Hamkar, 
Deputy Director of the Public Court; Abdul Sattar 
Dawri, Chief Civilian Prosecutor; Raz Mohammed 
Hadam, Chief of Lashkar Gah Prison; Ali Mohammed, 
Deputy Chief of the Lashkar Gah Prison; Mohammed 
Issa, Deputy Prosecutor for Investigations for NDS; 
Khosal, Prosecutor of Security Cases; Lal Mohammed, 
NDS Detention Facility Chief; Ghulam Reza, 
Prosecutor of Business Cases; and Mohammed Hussein, 
police prosecutor. 
 
¶3.  (SBU)  In a spirited four-hour discussion, the 
main topics covered included the how the court 
system functions and the rules of procedure within 
the constitutional framework.  Those participating 
appeared to have a good grasp how the judicial 
system fits within the constitution.  A number of 
participants reported that they had received their 
legal education in the former Soviet Union. 
 
IMPORTANCE OF PROSECUTORS 
------------------------- 
 
¶4.  (SBU)  Several prosecutors said that they 
strongly believed in the formal justice system. 
Prosecutors, they noted, are key players in the 
drive to establish a fair civil society in the 
province.  (Note:  It is estimated that only about 
15 to 20 percent of cases are decided in the formal 
justice system.  Most cases are decided within 
village and district councils, known as the 
"informal system."  End Note.)  The prosecutors 
deferred discussion of the informal justice system, 
noting that the subject should be discussed at a 
separate conference. 
 
CORRUPTION 
---------- 
 
¶5.  (SBU)  Prosecutors lamented that many cases are 
dismissed due to ineptness and/or corruption among 
the police.  Normally, the police cite lack of 
evidence as the main reason, but several prosecutors 
said that the lack of evidence is often an excuse 
when police have been bribed to drop a case.  During 
the discussion, prosecutors raised the suggestion 
that prosecuting some high profile government 
officials involved in corruption would improve their 
 
KABUL 00001630  002.2 OF 002 
 
 
legitimacy in the public's eye and bring more cases 
into the formal justice system.  They praised 
Governor Daud for his goals to improve the 
provincial government, but expressed doubts that 
these efforts will have a significant impact on 
public corruption. 
 
COMMENT 
------- 
 
¶6.  (SBU)  In this meeting, together with an earlier 
judicial conference (reftel), the PRT has helped 
prepare the ground for the upcoming UK deployment, 
which will include a justice advisor as well as a 
focus on security sector reform.  For Helmand 
province, the effort to improve the formal justice 
system will have to be multi- dimensional, including 
reform efforts from the lowest beat cop to the 
senior judges.  Such an effort is likely to be long 
and arduous. 
 
NORLAND