VZCZCXRO5660
RR RUEHDBU RUEHIK RUEHYG
DE RUEHBUL #2819/01 1720607
ZNR UUUUU ZZH
R 210607Z JUN 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC 0966
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 2622
RUEHNO/USMISSION USNATO 2772
RUEHGV/USMISSION GENEVA 6069
RUEHUNV/USMISSION UNVIE VIENNA 1447

UNCLAS SECTION 01 OF 03 KABUL 002819 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR SA/FO (DAS GASTRIGHT), SA/A, S/CR, SA/PAB, 
S/CT, EUR/RPM 
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG 
NSC FOR AHARRIMAN, KAMEND 
OSD FOR BREZINSKI 
CENTCOM FOR CG CFC-A, CG CJTF-76, POLAD 
REL NATO/AU/NZ/ISAF 
 
E.O. 12958 N/A 
TAGS: PREL PGOV PTER AF
SUBJECT: CRIMINAL LAW REVISION SPURS NEW LEVEL OF 
COOPERATION 
 
KABUL 00002819  001.2 OF 003 
 
 
1.(SBU)  SUMMARY:  ROL Coordinator and UNAMA 
representative met with the Afghan Minister of 
Justice to ascertain the status of Afghan efforts to 
review its Interim Criminal Procedure Code and 
ensure international participation in the process. 
Min. Danish welcomed professional input from the 
USG-chaired International Review Committee, 
identified other outstanding laws still in the hands 
of the internationals, and reiterated the need for 
more transparency and coordination with the USG.  We 
are taking actions to make this happen.  END 
SUMMARY. 
 
¶2. (SBU)  Ambassador Baltimore, Counselor for Rule 
of Law and Charles Briefel, Senior Rule of Law 
Officer for the United Nations Assistance Mission in 
Afghanistan (UNAMA) met with Afghan Minister of 
Justice Danish on June 17 in the latters office to 
seek clarification regarding the status of Afghan 
efforts to revise the existing Interim Criminal 
Procedure Code. 
 
----------------------------------------- 
Status of Criminal Procedure Law 
----------------------------------------- 
 
¶3. (SBU)  From Danishs perspective, many different 
t 
Afghan institutions, including the Supreme Court, 
Attorney Generals Office and the Afghan National 
Police have serious problems with the Italian- 
drafted Interim Criminal Procedure Code that was put 
into effect by purely executive action before the 
legislative branch came into being.  According to 
Danish, approximately two weeks ago, the Afghan 
Parliament officially asked the MOJ to review the 
Interim law by taking into account other relevant 
laws, local criticisms and input from the 
international community. 
 
¶4. (SBU)  Ambassador Baltimore briefed the Minister 
on the USG-chaired International Review Committees 
ongoing and fruitful efforts to harmonize 
international views by regular meetings on the 
criminal procedure code.  The Minister agreed to 
review a submission from the committee of key legal 
principles with detailed examples of their relevance 
to Afghan law, as part of the review process. 
 
------------------- 
POC Confusion 
------------------- 
 
 
 
¶5. (SBU)  At various points throughout the meeting, 
the Minister made it clear that he wants to deal 
with rule of law questions in a clear and 
coordinated manner, but is very confused as to who 
represents USG views.  He also decried what he sees 
as unreasonable delays on the part of the 
international communitys review of draft 
legislation that the ministry passed to them many 
months ago.  He cited the Law on Defense Attorneys 
and the Law on the Organization of the Attorney 
 
KABUL 00002819  002.2 OF 003 
 
 
Generals Office as two examples of drafts that have 
been before the international community for nearly 
one year, and said that a draft anti-terrorism law 
was not far behind. 
 
-------------- 
Sensitivities 
-------------- 
 
¶6. (SBU)  Danish was clearly upset over what he 
believed was an USAID report that he felt unjustly 
blamed the MOJ for not having a set of commercial 
laws in place, when, he maintained, it was the 
primary responsibility of the Ministry of Commerce. 
(The paper he was upset about was eventually 
y 
identified as not a USAID product).  This appeared 
to be the first chance he had to vent on this 
irritant. 
 
--------------------------------- 
We want USG Involvement 
--------------------------------- 
 
¶7. (SBU)  Minister Danish specifically asked that 
Ambassador Neumann be made aware that the Minister 
needs and wants help far beyond assistance with 
legislative drafting.  He mentioned broad needs to 
address the current security situation, the lack of 
a suitable physical infrastructure from prisons to 
police, and the need for program development and 
training (in addition to the current INL/CSSP 
programs.) 
 
---------------------------- 
Comment; Next Steps 
-------------------------- 
 
¶8. (SBU)  Comment:  Danishs agreement to receive 
direct input from the USG chaired International 
Review Committee (IRC) is a welcome breakthrough 
(present membership includes INL, DOJ, UNAMA, IDLO, 
and UNODC). 
 
The Ministers comments about delay in the 
reorganizing the Attorney Generals Office is 
is 
inaccurate.  The draft in questions is back in the 
AGOs office for further work, it is not in the 
hands of the internationals.  Meanwhile, 
--We will quickly dispense with Danishs frustration 
with the proliferation of rule of law POCs by 
sending him a letter clarifying the position of the 
Coordinator for ROL from the USG standpoint; 
--We will seek IRC agreement to take on expeditious 
handling or at least an accounting of the laws 
Danish believes are overdue, and, 
--We will speed up the IRCs initial thoughts on the 
revised Criminal Procedure Law and get them into 
Danishs hands. End Comment. 
 
NEUMANN 
 
 
 
 
KABUL 00002819  003.2 OF 003 
 
 
NN