VZCZCXRO2272
OO RUEHIK RUEHYG
DE RUEHBUL #5400/01 3111509
ZNR UUUUU ZZH
O 071509Z NOV 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3988
INFO RUEHIL/AMEMBASSY ISLAMABAD IMMEDIATE 4379
RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
RUEHZG/NATO EU COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK 3219
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
RUEKJCS/OSD WASHINGTON DC
RUEKJCS/JOINT STAFF WASHINGTON DC
RHMFIUU/HQ USCENTCOM MACDILL AFB FL
RUMICEA/JICCENT MACDILL AFB FL

UNCLAS SECTION 01 OF 03 KABUL 005400 
 
SIPDIS 
 
SIPDIS, SENSITIVE 
 
ISLAMABAD FOR A/S BOUCHER 
STATE FOR SCA/FO (DAS GASTRIGHT), SCA/A, S/CRS, INL/FO 
STATE PASS TO USAID FOR AID/ANE, AID/CDHA/DG 
NSC FOR HADLEY, O'SULLIVAN, HARRIMAN 
OSD FOR KIMMITT 
CENTCOM FOR CG CFC-A, CG CJTF-76, POLAD 
 
E.O. 12958 N/A 
TAGS: PREL PGOV KJUS AF
SUBJECT: READOUT OF HADLEY MEETING WITH CHIEF JUSTICE 
 
 
KABUL 00005400  001.2 OF 003 
 
 
REFTEL: A. KABUL 5299 
¶B. KABUL 5387 
¶C. KABUL 5388 
 
SUMMARY 
------- 
 
¶1. (SBU) National Security Advisor Steven Hadley met 
with Chief Justice Azimi to learn more about the 
present challenges to rule of law in Afghanistan and 
provide encouragement for the future. Unqualified 
judges in office and a lack of trained recruits create 
a long-term challenge to the justice sector. 
Corruption and counter-narcotics related corruption 
also undermine its effectiveness. The NSA and 
Ambassador both supported the Chief Justice's efforts 
to reform the judiciary and promised to help Azimi, 
whose chief requests were to improve the dignity of 
the position by helping provide better salaries, 
housing and transportation. END SUMMARY. 
 
LACK OF QUALIFIED PERSONNEL 
--------------------------- 
 
¶2. (SBU) On November 2, National Security Advisor 
Steven Hadley and Ambassador Neumann met with Chief 
Justice Azimi to discuss the crucial need to develop 
rule of law and the justice sector. One of the key 
problems facing the judiciary is the lack of 
academically qualified judges. Only about half of the 
approximate 1,500 judges are academically qualified. 
For some time, and especially during the civil war 
years, judges were appointed without regard to their 
academic qualifications, but rather on the basis of 
political favoritism and other non-academic factors. 
Many of those judges remain on the bench. 
 
¶3. (SBU) Azimi also said a similar lack of academic 
qualifications afflicts the prosecution service. While 
he believes that all prosecutors should be lawyers, 
this is not the case today. The number of genuine 
lawyers in the country numbers "in the hundreds," 
although others perform some attorney-like functions 
like preparing petitions for redress. The relative few 
genuine lawyers are often retired judges or 
prosecutors and are usually very well qualified. 
 
¶4. (SBU) The Chief Justice is faced with a serious 
problem of improving the quality of the judiciary in a 
short amount of time. There needs to be a commitment 
to appoint judges and prosecutors based only on merit 
and to upgrade the dignity of their profession with 
the help of outside assistance. 
 
PRESENT COURT SYSTEM 
-------------------- 
 
¶5. (SBU) The Supreme Court has overall responsibility 
for the national court system. At present, the Chief 
Justice feels the court is disconnected from the 
provinces, and the rural people feel similarly 
disconnected from the central courts in Kabul. There 
is currently no case reporting or case tracking 
system. The Chief Justice has asked the chief judges 
in each province to submit monthly reports to him 
indicating the numbers and types of their cases. 
Recently, the court apportioned the country into eight 
regions, with one of the Supreme Court justices 
responsible for liaison with each region. The hope is 
that this will bring familiarity with the formal court 
system to the provinces and also make local judges 
more accountable to Kabul. He believes there are many 
people "caught in the middle" of opposing forces today 
and willing to accept the national government if they 
see positive changes in their lives. 
 
KABUL 00005400  002.2 OF 003 
 
 
 
POPPIES AND CORRUPTION 
---------------------- 
 
¶6. (SBU) Mr. Hadley noted that Afghanistan's future is 
threatened by "poppies and corruption" and asked the 
Chief Justice to describe possible approaches to the 
corruption problem. The Chief Justice noted that he 
chairs an 11 person commission that was given three 
months (with two months remaining) to report to the 
President. The report will address the extent of 
corruption within all three branches of the government 
and how to combat it. While good ethics laws or 
trained anti-corruption investigators and prosecutors 
remain lacking, the Chief Justice said the GOA was 
trying to address those gaps. He cited the need for 
the MOI, MOJ, AGO, and Supreme Court to communicate 
more closely. 
 
¶7. (SBU) The Chief Justice gave anecdotal examples of 
some bureaucratic problems that encourage corruption. 
For example, he said a person must get the approval of 
over twenty offices to get a drivers' license, each of 
which might ask for a bribe. As another example, he 
noted that too few Afghan passports are printed, which 
leads to bribery in order to obtain one. In cases of 
alleged criminality, even if "caught in the act," the 
Chief Justice can only ask the President to suspend a 
judge pending the outcome of a criminal case. In case 
of a not guilty verdict, the judge is returned to 
service. The Chief Justice believes that the local 
media actively covers cases of official corruption 
that are exposed, although the Ambassador noted that 
the media does not aggressively pursue counter- 
narcotics coverage. 
 
¶8. (SBU) When asked by Mr. Hadley about the influence 
of Sharia law in the judicial system, the Chief 
Justice said that, unlike under the Taliban, there is 
now "no problem at all." He noted that both the 
Criminal Code and Civil Code were originally drafted 
by Egyptian scholars in the 1960's. The Criminal Code 
has now been reinstated, while the Civil Code is still 
being modified. (NOTE: There are many reports that the 
influence of Sharia is still a problem in rural areas 
where "official" laws are ignored for the informal 
system based in Sharia and tribal law. END NOTE.) 
 
SUPPORT FOR RULE OF LAW 
----------------------- 
 
¶9. (SBU) Mr. Hadley noted that the work the Chief 
Justice was engaged in was both difficult and 
dangerous, but that the USG was pleased to see that 
such a person as he was now leading the effort and we 
would continue to support him. The Ambassador noted 
the meeting of international donors convened earlier 
this week by UNAMA and the Italians (see REFTEL A) and 
expressed the USG's desire to increase coordination 
among all donors to address the needs of the GOA in 
the Rule of Law arena. 
 
¶10. (SBU) The Chief Justice noted that the donor 
assistance he needs is not standard textbook training. 
He believes the Supreme Court can handle that problem 
itself. He said he needs help improving the conditions 
and dignity of the position. Currently, judges earn 
$50-$300 per month. He would like to see those 
salaries raised to $400-$800 per month, with some 
senior judges earning up to $1,000 per month. He also 
cited a critical need for more and better 
transportation, housing and offices for judges. (NOTE: 
these needs are also cited in the five year strategic 
plan recently issued by the Supreme Court. END NOTE.) 
 
 
KABUL 00005400  003.2 OF 003 
 
 
¶11. (SBU) The Ambassador responded that while he was 
initially resistant to such assistance and that such 
construction was cut last year, he believes the issue 
now needs to be re-examined. Both the Ambassador and 
Mr. Hadley noted that in budget negotiations with 
Congress for such funding, it would be very helpful to 
show that the GOA was committed to attacking the 
corruption problem. 
 
NEUMANN