VZCZCXRO7929
PP RUEHDBU RUEHIK RUEHYG
DE RUEHBUL #2985/01 1841239
ZNR UUUUU ZZH
P 031239Z JUL 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 1167
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RUEAWJA/DOJ WASHDC PRIORITY
RUEABND/DEA WASHDC PRIORITY
RHEHAAA/NSC WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 KABUL 002985 
 
SIPDIS 
 
SIPDIS 
 
PASS TO INL/FO, SCA FOR GASTRIGHT, NSC FOR 
HARRIMAN/OSULLIVAN/AMEND 
 
E.O. 12958: N/A 
TAGS: KJUS KCRM SNAR AF
SUBJECT: AFGHAN JUDGES TAKE TO AMERICA 
 
¶1. (U) Summary: Four women judges from Kabul participated in 
a study trip to the US. During their three-week trip, the 
judges obtained a bird's eye view of the administration and 
operations of Vermont,s rural court system and held 
constructive discussions with key USG officials about the 
status of Afghan courts. In a roundtable discussion, the 
judges expressed concerns about the lack of infrastructure, 
particularly security in Afghan courts. The judges also spoke 
to the challenges regarding implementation of new laws, 
including the counter narcotics (CN) law. All agreed that 
continued assistance from the US and the international 
community regarding training, court infrastructure and 
development is necessary to ensure the success of the 
judicial sector. End Summary. 
¶2. (SBU) Four women judges from Afghanistan,s various 
judicial sectors traveled to the US on May 30 to participate 
in a two week study of the Vermont judiciary. The judges, 
Supreme Court Associate Judge Aseta Kakar, Public Security 
Court of Appeals Judge Karima Ahmadi, Commercial Tribunal 
Court Judge Safeya Zarif and Appellate Court for Narcotics 
Judge Nafisa Kabuli, had the opportunity to observe court 
administration and operations in Vermont,s rural courts 
while living with local lawyers, judges and host families. 
The judges also spent a week in Washington where they had the 
opportunity to observe and discuss judicial issues at the 
local and federal level and meet with USG officials including 
Supreme Court Justice Ruth Bader Ginsburg. 
¶3. (U) This trip, the second of its kind sponsored by INL and 
the International Association for Women Judges (IAWJ), is 
designed to expose Afghan women judges to legal institutions 
in the US. The judges said that they found the trip to 
Vermont especially useful because they learned a great deal 
about court procedures, which they believe must be 
established in Afghanistan, particularly record keeping, 
filing and general court structure. 
¶4. (U) INL hosted a roundtable discussion at the Department 
on June 22 in cooperation with the Office for International 
Women,s Issues (G/IWI). In this forum, the judges talked 
about their experiences in Afghanistan. The judges told the 
assembly that they don,t feel safe in court and that often 
civil disputes can result in threats and occasionally death. 
Also, the judges said security procedures are very lax. Most 
people enter courtrooms without being searched, which has 
occasionally resulted in injury and death to judges and 
prosecutors. 
 
¶5. (U) Recalling their experiences in Vermont, the judges 
talked about the disparate lack of judicial infrastructure in 
Afghanistan. All decisions are handwritten and there are 
virtually no procedures for record keeping. There is no bench 
book to provide an explanation of the relevant laws. Afghan 
judges frequently confer with retired judges and legislators 
to interpret laws. Also, the judges talked about the lack of 
proper court facilities in Afghanistan saying few court rooms 
have electricity and running water. Judges lack space to use 
as chambers. In many cases defendants and witnesses sit next 
to judges during trial. 
¶6. (SBU) Judge Nafisa Kabuli from the Appellate Court of the 
Central Narcotics Tribunal told the group that the narcotics 
courts in Afghanistan have many problems and highlighted the 
key issues of concern. She said that there is no security for 
police, prosecutors, or judges. Judge Kabuli believes the 
narcotics dealers are stronger than central government. She 
said the &big druglords8 never come to Kabul for trial, 
only low-level criminals who work for smugglers are tried 
(e.g., drivers and assistants). Seized drugs are never 
entered in as evidence. In most cases, the drugs have been 
destroyed and only paper testimony regarding the case exists. 
 
¶7. (SBU) Judge Kabuli also expressed frustration about 
implementation of the new CN law; the CN law makes things 
more difficult and nobody understands it. She thinks that the 
law is not being widely implemented and understood and the 
MCN needs to do more to inform people about the CN law and 
its penalties. Judge Kabuli believes some people risk 
involvement in the narcotics trade because they do not know 
about law and the stricter penalties for narcotics-related 
offenses. 
¶8. (U) Aside from infrastructure and procedural issues, the 
judges told the group that strong measures must be taken to 
curb corruption in the judicial sector. The judges support 
ethics training, better education for the judiciary, and 
better salaries for judges and court officials. The judges 
also believe that women, like themselves, are critical to 
 
KABUL 00002985  002 OF 002 
 
 
implementing anti-corruption measures in the judicial sector 
and acknowledged that additional support from the US and the 
international community regarding training, infrastructure 
restoration and development is integral to ensuring the 
judiciary,s success. 
¶9.  (U) Comment: Judge Kabuli,s comments, while striking, do 
not completely reflect on-the-ground realities. To be sure, 
more needs to be done to ensure the safety of judges and 
court officials, facilitate prosecution of &drug king 
pins8, and train on the new Counter Narcotics (CN) Law. 
However, the court in which Judge Kabuli serves is located 
within a secure police compound guarded 24 hours a day by 
CNPA personnel; in fact, it is considered the most secure 
court facility in all of Afghanistan. DOJ also has a program 
on-tap for late 2006, in which the US Marshal Service will 
provide and build capacity for witness and court protection. 
¶10.  (U) Judge Kabuli also points out that few &big8 drug 
cases are being tried in Kabul. In fact, the main focus of 
the Criminal Justice Task Force (aka VPTF) is to develop mid- 
and high-value target cases for prosecution in the Central 
Narcotics Tribunal, and several cases are starting to come on 
line. 
¶11.  (U) In her comments, Judge Kabuli implied that the 
destruction of drugs negatively affects the prosecution of 
drug cases. As prescribed under the new law, drugs are 
destroyed at the location of the seizure after sampling and 
weighing. Lastly, Judge Kabuli contends that the CN law is 
confusing and is not being widely implemented.  We would 
challenge that assertion, but in any case DOJ is taking steps 
to ensure that all judges and prosecutors have a working 
knowledge of the law, e.g., DOJ will begin an intensive 
training program on the new CN law on July 8. Post is working 
to ensure that all aspects of the justice sector are 
strengthened and anticipates that judges like these women 
will be important partners as the reform process moves 
forward. End Comment. 
NEUMANN