VZCZCXRO0633
RR RUEHAST RUEHBI RUEHCI RUEHLH RUEHPW
DE RUEHDBU #0830/01 1750449
ZNR UUUUU ZZH
R 230449Z JUN 08
FM AMEMBASSY DUSHANBE
TO RUEHC/SECSTATE WASHDC 0666
INFO RUCNCLS/SOUTH AND CENTRAL ASIA COLLECTIVE
RUEAWJA/DEPARTMENT OF JUSTICE WASHINGTON DC

UNCLAS SECTION 01 OF 02 DUSHANBE 000830 
 
SENSITIVE 
SIPDIS 
 
STATE FOR SCA/CEN (DUANE), INL/AAE (BUHLER) 
 
E.O. 12958:  N/A 
TAGS: PGOV KJUS SNAR KCRM TI
SUBJECT: TAJIKISTAN'S PROSECUTOR GENERAL'S OFFICE - IT'S ALL ABOUT 
US 
 
REF: Dushanbe 688 
 
¶1. (SBU) Summary: The Tajikistani Prsoecutor General's Office (which 
equates to the Attorney General's Office is the United States, but 
has substantial investigatory powers not possessed by American 
prosecutors) continues to oppose anticipated reforms to the Criminal 
Procedure Code that will bring the criminal justice system more in 
line with international standards.  Matluba Abdulloeva, Head of the 
International Department of the Prosecutor General's Office, said 
that the Ministry of Justice distributed the closely-held draft 
Criminal Procedure Code to select law enforcement entities for 
comment, and that the Procuracy disagreed with provisions that would 
transfer exclusive authority over arrest and detention decisions 
from the prosecutors to the judiciary.  Abdulloeva was unable to 
provide examples of specific training that would benefit 
prosecutors, but acknowledged the value of professional study tours. 
 She said that the Prosecutor General prefers to pick participants 
for prosecutor exchange programs and study tours, claiming he knew 
the most qualified candidates.  End summary. 
 
¶2. (SBU) During a recent courtesy call by EmbOffs, Abdulloeva 
offered that, as part of the interagency clearance process, the 
Procuracy received for comment a copy of the draft Criminal 
Procedure Code.  The Procuracy responded negatively to provisions 
that would transfer exclusive authority over arrest and detention 
decisions from the prosecution to the judiciary (reftel).  The 
Procuracy's position is that the power to issue warrants and detain 
suspects should remain with the prosecutors, as this arrangement is 
most effective for fighting crime in Tajikistan.  Abdulloeva 
deflected Embassy's interest in a copy of the draft, stating that 
any requests must be made directly to the official working group. 
EmbOff reiterated that the international donor group remains willing 
to provide technical assistance to Tajikistan's interagency working 
group that is revising the Code.  The Ministry of Justice has 
restricted access to the draft Code and distributed copies for 
comment only to select law enforcement entities.  (Comment: This is 
welcome first evidence that the working group is actually making 
headway.  However, notwithstanding multiple offers from the 
international community, it continues to work in a shroud of 
secrecy. End comment.) 
 
--------------------------------------------- ------ 
TRAINING PROSECUTORS?  THANKS, WE'LL THINK ABOUT IT 
--------------------------------------------- ------ 
 
 
¶3. (SBU) Abdulloeva declined to comment on or identify which subject 
areas and types of training might prove most useful for prosecutors. 
 In response to questions regarding how the U.S. Mission might 
assist the Procuracy to improve prosecutors' education and 
qualifications (especially as reforms unfold), Abdulloeva said that 
the Procuracy selects the best graduates of law faculties, and that 
good prosecutors require experience, not just education.  The 
Procuracy welcomes study tours where Tajikistani prosecutors can 
share experiences with counterparts from other countries.  INL 
Officer offered his successful experience with the Kazakhstan 
Prosecutor General's Office in improving the collection and analysis 
of crime statistics.  EmbOffs expressed mutual interest in meeting 
with the head of the Department of Statistics and Analysis and 
visiting the Procuracy's Dushanbe training facility.  Abdulloeva 
indicated both were possible. 
 
¶4. (SBU) Currently, the Procuracy sends up to 40 prosecutors 
Q4. (SBU) Currently, the Procuracy sends up to 40 prosecutors 
annually on out-of-country training excursions funded and organized 
by members of the international community, including the Shanghai 
Cooperation Organization.  In addition, the Procuracy trains 
prosecutors from all regions of Tajikistan at a facility in 
Dushanbe.  Courses last from one to two weeks and can accommodate up 
to 50 prosecutors at one time.  Abdulloeva expressed appreciation 
for international support and especially the United States' interest 
in improving the qualifications of Tajikistan's prosecutors. 
 
------------------------------------ 
PROCURACY PREFERS TO PICK AND CHOOSE 
------------------------------------ 
 
¶4. (SBU) Abdulloeva delivered a message from the Prosecutor General 
that he would prefer to personally select candidates to attend 
training funded by the United States, rather than having the U.S. 
Embassy select candidates.  She commented that most of the time, the 
Prosecutor General is unaware of the selection process and criteria, 
and candidate slates come as a surprise.  This issue has been an 
ongoing area of contention after the Prosecutor General cancelled an 
Open World Study Tour for prosecutors following a disagreement over 
the participants.  INL Officer responded that the best way for 
successful cooperation in the field of training is bilateral 
consultations. 
 
 
DUSHANBE 00000830  002 OF 002 
 
 
¶5. (SBU) Comment: The Prosecutor General remains adamant about 
preserving powers over arrest and detention that are not consistent 
with a fair criminal justice system.  He is also unwilling to cede 
authority over choosing participants for training and exchange 
programs.  Embassy will follow-up with Abdulloeva and press for a 
visit to the Procuracy's training center and the Department of 
Statistics and Analysis, and we will continue to educate the 
Prosecutor General about our exchange and assistance opportunities. 
End comment. 
 
JACOBSON