VZCZCXRO0530
OO RUEHLH RUEHPW
DE RUEHIL #1413/01 1780749
ZNR UUUUU ZZH
O 270749Z JUN 09
FM AMEMBASSY ISLAMABAD
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3459
INFO RUEHJA/AMEMBASSY JAKARTA PRIORITY 0426
RUEHBUL/AMEMBASSY KABUL PRIORITY 0569
RUEHLO/AMEMBASSY LONDON PRIORITY 0788
RUEHMO/AMEMBASSY MOSCOW PRIORITY 1506
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 5171
RUEHKP/AMCONSUL KARACHI PRIORITY 1916
RUEHLH/AMCONSUL LAHORE PRIORITY 7518
RUEHPW/AMCONSUL PESHAWAR PRIORITY 6466
RHMFISS/CDR USCENTCOM MACDILL AFB FL PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY

UNCLAS SECTION 01 OF 02 ISLAMABAD 001413 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREF PREL KJUS PK
SUBJECT: TRIAL SKILLS TRAINING FOR PAK PROSECUTORS 
 
¶1. (U) Summary: Pakistan's prosecutors, under-resourced and 
poorly trained, are routinely characterized as the weakest 
link in a criminal justice system that sees up to 70 percent 
of its prosecutions end in acquittal.  Prosecutors seldom 
work with police, do little to prepare their cases for trial, 
and are generally outgunned in the courtroom by defense 
counsel.  To begin addressing these challenges, the Embassy's 
Resident Legal Advisor, using INL and DOJ resources, recently 
initiated training to improve trial preparation and courtroom 
skills of a group of prosecutors from across the Punjab.  In 
an encouraging response, the prosecutors embraced the program 
with enthusiasm and energy, demonstrating the capacity and 
willingness to adopt new techniques designed to improve their 
skills.  End summary. 
 
The Weak Link 
- - - - - - - 
 
¶2. (U) Pakistan's prosecutors are currently one of the weak 
links in the country's criminal justice system.  They are 
often ill-trained and ill-prepared to present the 
government's cases in court. This, in turn, results in 
disproportionate numbers of acquittals at trial; some 
estimates put the acquittal rate at over 70 percent.  Judges, 
police and even members of the defense bar routinely complain 
about the lack of competency and poor courtroom skills of the 
prosecutors. 
 
¶3. (U) Prosecutors--to a greater extent than either police or 
judges--also suffer from a lack of institutional support. 
Unlike their judicial and law enforcement counterparts, 
Pakistan's prosecutors are not organized into one unified 
national agency.  Instead, prosecutorial responsibilities 
traditionally have been divided among a variety of national 
and provincial entities, a condition that largely continues 
today. 
 
A Step Forward: Punjab Department of Public Prosecutions 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
 
¶4. (U) Efforts to create independent prosecution services at 
the provincial level were promoted earlier this decade as a 
condition for the judicial sector assistance provided by the 
Asian Development Bank's Access to Justice Project.  Such 
reforms came to fruition first in the Punjab, where 
legislation providing for an independent prosecution service 
was enacted in 2005.  The Punjab Department of Public 
Prosecution (PDPP) became a reality in 2006.  The PDPP now 
includes over 1000 prosecutors from across the province, who 
represent the government in all criminal trials conducted in 
the Punjab. 
 
¶5. (U) Resources for the PDPP remain very scarce. 
Prosecutors in some districts must function without access to 
any kind of office.  Libraries, filing systems, 
administrative support, and computer access are all 
effectively non-existent. 
 
¶6. (U) The prosecutors in the Punjab (and elsewhere) are 
frank about their needs for training and resources.  Unlike 
either the police or the judiciary, there is no dedicated 
training institution for prosecutors at any level, nor any 
other access to training opportunities.  Underlying legal 
education is also weak because law schools in Pakistan rarely 
provide any practical skills courses.  While most defense 
lawyers go through a period of apprenticeship, prosecutors 
often lack even that kind of mentoring. 
 
Addressing Needs 
- - - - - - - - - 
 
¶7. (U) In an effort to address these needs, while also 
complimenting other Embassy programs designed to improve the 
operation of Pakistan's criminal justice sector, the 
Embassy's Resident Legal Advisor (RLA) organized a week-long 
trial skills training program for Punjabi prosecutors.  The 
INL-funded program was a cooperative effort with the PDPP, 
held from June 8-12 at the Federal Judicial Academy (FJA) in 
Islamabad.  Thirty-four prosecutors from across Punjab 
province attended.  Program trainers included the RLA, a 
federal Magistrate Judge from New York, three federal 
 
ISLAMABAD 00001413  002 OF 002 
 
 
prosecutors from the U.S. Department of Justices (DOJ), and a 
number of Pakistani experts. 
 
¶8. (U) The program was an intensive course in trial 
practices, designed to develop advocacy and courtroom skills 
through a combination of lectures, demonstrations, and 
participant exercises.  Special attention was given to case 
preparation, direct and cross-examination of witnesses, 
handling evidence, the use of experts, presentation of 
forensic evidence, and closing statements.  The program 
culminated with participants conducting mock trials to employ 
their newly honed skills. 
 
Potential for Additional Training Programs 
- - - - - - - - - - - - - - - - - - - - - 
 
¶9. (U) The response of the Punjabi prosecutors to the 
training was overwhelming enthusiastic.  Doubts about whether 
senior prosecutors would be willing to participate in mock 
exercises were quickly put to rest.  As one senior prosecutor 
noted, "In my 27 years as a prosecutor, no one has ever 
worked with us like this on practical skills."  Others 
remarked on how the program had developed their sense of 
confidence and professionalism.  One prosecutor from Sialkot 
said simply, "I have become a different person." 
 
¶10. (U) Some components of the program generated considerable 
controversy, not least the suggestion that prosecutors must 
learn to work more closely with the police.  In the end, the 
prosecutors acknowledged that not only were the new 
approaches acceptable under existing Pakistani procedures but 
would also improve their courtroom performance. 
 
¶11. (U) Looking forward, both the PDPP and the FJA leadership 
have now asked for further skills training programs for 
prosecutors.  The FJA, additionally, would like to expand the 
training to prosecutors from the other provinces.  The 
Federal Investigative Agency (FIA) leadership has also asked 
that the training be provided to its own specialized 
prosecutors. 
 
¶12. (SBU) Comment: The very recent creation of an independent 
prosecution service in the Punjab represents an important 
step in professionalizing Pakistan's rank-and-file 
prosecutors, but skill levels and infrastructure are still 
sorely lacking.  This initial foray by DOJ into prosecutor 
training provides an opening for additional training and 
exchange in the future.  End comment. 
 
PATTERSON