VZCZCXYZ0000
OO RUEHWEB

DE RUEHKA #5911/01 2620645
ZNR UUUUU ZZH
O 190645Z SEP 06
FM AMEMBASSY DHAKA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1659
INFO RUEAWJB/DEPT OF JUSTICE WASHDC IMMEDIATE

UNCLAS DHAKA 005911 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR G/TIP - SALLY NEUMAN AND MARK TAYLOR 
 
E.O. 12958: N/A 
TAGS: KCRM KWMN PGOV PHUM PREL BG
SUBJECT: SOLICITATION FOR 06 INCLE FUNDS FOR TIP 
 
REF: A. 2005 STATE 221416 
 
     ¶B. 2006 DHAKA 00775 
 
¶1.  Per reftels, Post is forwarding the following TIP 
proposal submitted by Post in consultation with the Office of 
Overseas Prosecutorial Training and Development (OPDAT) at 
the US Department of Justice.  This is the same proposal that 
was submitted by Post on February 14, 2006 for a USD 190,000 
proposal to continue training of prosecutors, investigators 
and judges who are responsible for handling trafficking in 
persons, (TIP) cases. 
 
¶2. Since Post,s earlier cable, Post and OPDAT have now 
exhausted the funds that were available for TIP projects in 
Bangladesh.  The RLA has now conducted a series of TIP 
training programs in 2006 which trained a total of 100 
prosecutors and investigators from nearly half of the 64 
divisions in Dhaka.  It was the first time that prosecutors 
and investigators have received specialized training on 
actual investigative and trial techniques for handling TIP 
cases. 
 
¶3. For example, in August, two week-long TIP training courses 
were held using a Bangladesh-specific case study to walk 
participants through the process of preparing and executing 
an investigation plan.  Under the guidance of an experienced 
FBI Special Agent who has conducted TIP investigations in the 
U.S. and abroad, students had to interview victims, 
witnesses, conduct a search (for real evidence) and make a 
consensually recorded telephone call.  The RLA and a 
Bangladeshi expert then coached participants in drafting an 
order of proof, preparing witness and victims for trial, and 
preparing direct and cross examinations of certain witnesses. 
A mock trial was held on the last day; this allowed the 
investigators to see how the evidence they collected could be 
used to bolster the prosecution. 
 
¶4.  Continuation of such training program is critical. 
Investigative and trial skills remain basic, at best, in 
Bangladesh.   The training formula used in August centered on 
presentation of simple techniques, and on making students 
comfortable with the use of those techniques through the 
means of hands on exercises.  Program feedback has been 
enthusiastic; participants even worked overtime and during 
tea breaks. 
 
¶5.  More training in Dhaka is necessary for the remaining 
district TIP prosecutors and investigators who have not 
attended the course.   A second phase will include 
mini-training sessions in the districts.  Training is also 
needed for the judges.  In addition, a new FSN is needed to 
support implementation of these projects and to liaise with 
the field to ascertain the progress and pitfalls of judges, 
prosecutors and investigators who have received training. 
 
¶6. In support of Post,s renewed funding request, Post 
attaches again the earlier proposal submitted to G/TIP by 
Post and OPDAT, below: 
 
PROPOSAL 
 
 
¶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) 
 
¶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 are 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 Prosecutors8 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 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 black letter law, 
including 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, and the roles of NGOS, 
the need for greater cooperation between both prosecutors and 
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 
trainers8 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 on both 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).  DOJ/OPDAT 
proposes two training sessions; one for District Court judges 
and one for Special District Tribunal Judges. 
 
c.    &Refresher8 Training for Prosecutors and Judges 
 
DOJ/ODDAT 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 of 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 &refresher8 stages of training. 
 
¶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 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--$8,000 each)           $16,000 
      Lodging (6 nights each @ $116)      $1,392 
      Per diem (8.5 days @ $75 per day)   $1,275 
      Subtotal                      $18,667 
 
Site Expenses: 
(venue and equipment rental for 
4 day program)                      $1,000 
 
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)                   $23,517 
 
Translation (one time expense)            $1,000 
 
Total for three programs:                             $71,551 
 
 
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--$8,000 each)           $16,000 
      Lodging (6 nights each @ $116)      $1,392 
      Per diem (8.5 days @ $75 per day)   $1,275 
      Subtotal                      $18,667 
 
Site Expenses (each program): 
(venue and equipment rental for 
4 day program)                      $1,000 
 
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:          $6660 
Subtotal for Judicial Program II:         $21,917 
 
Translation                               $500 
 
Total for Two Programs:                         $29,077 
 
c. &Refresher8 Training for Prosecutors and Judges 
 
Five (5) one day programs in Dhaka 
 
Site Expenses: 
(venue and equipment rental for 
1 day program)                      $250 
 
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:                     $2,250 
 
Translation:                              $500 
 
Total for five programs                         $11,750 
 
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                          $151,878 
 
OPDAT Overhead at 12% of expenses               $18,225 
 
Program Cost:                                         $170,103 
BUTENIS