VZCZCXRO5545
RR RUEHDBU RUEHPW RUEHSL
DE RUEHBUL #1849/01 1941007
ZNR UUUUU ZZH
R 131007Z JUL 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC 0124
INFO RUCNAFG/AFGHANISTAN COLLECTIVE

UNCLAS SECTION 01 OF 03 KABUL 001849 
 
DEPARTMENT FOR SRAP, SCA/FO, SCA/A, EUR/RPM 
STATE PASS TO AID FOR ASIA/SCAA 
USFOR-A FOR POLAD 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM PGOV AF
SUBJECT:  BALKH GOVERNOR RESISTS INTERIOR MINISTRY ORDER TO DISMISS 
POLICEMEN 
 
¶1. (SBU) Summary:  Balkh Governor Atta told PRT officer that 
Minister of Interior Atmar's order to remove at first three, then 
only two, Balkh ANP officials is a politically-motivated maneuver 
and an insult to himself and the people of Balkh.  He maintains that 
President Karzai lacks the authority to dismiss those officials 
during the period from May 22 - the time his term in office 
officially ended - to the August 20 election.  Atta believes that if 
the Ministry of Interior (MoI) has legitimate corruption or 
misconduct allegations against the officials, it must disclose that 
information to his administration.  After consultation with U.S. and 
other embassies in Kabul, UN Special Representative Kai Eide wrote a 
letter to Governor Atta reaffirming the Minister's legal right to 
remove the officials for corruption charges and the interest of the 
international community in seeing that the laws and Constitution of 
Afghanistan are upheld.  The standoff between Atta and Atmar 
persists, with Atta reportedly not allowing the policemen to leave 
their positions.  Embassy views the allegations as potentially 
credible, but given the highly political atmosphere of the election 
campaign, will stress to Atmar the need for transparency.  End 
summary. 
 
Atta Sees Politics Behind Removal Order 
--------------------------------------- 
 
¶2. (SBU) In a July 4 meeting with State PRT officer, Atta explained 
the standoff with the MoI from his point of view.  He believes that 
Minister Atmar's telephone instructions to the Balkh police chief to 
remove three Balkh ANP officers, all with close ties to Atta, have 
nothing to do with corruption and everything to do with politics. 
Atta sees this as an attempt by Karzai to weaken him for not 
supporting his reelection bid, and describes Atmar as being one of 
Karzai's chief campaign operatives.  Asked if he had spoken about 
the matter with Atmar, Atta said he had not because Atmar is "hard 
to track down." (Note: Provincial Council chairman Azimi had earlier 
intimated that neither Atta nor Atmar wished to initiate a call to 
the other.  End note.)  Jamiat Party leader Rabbani called Atta to 
understand his position and later brought Ministry of Energy Ismail 
Khan into the picture.  On Thursday, July 2, Karzai phoned Atta 
after Ismail Khan raised the issue during a meeting with the 
president.  Atta explained his position, and Karzai reportedly told 
him the issue was a "small matter" about which he would speak to 
Atmar, leaving Atta to conclude that Karzai would resolve the 
problem. 
 
¶3. (SBU) State PRT officer expressed concern to Atta that his 
refusal to abide an order of the central government signals a step 
backward for rule of law in Balkh province.  Atta denied he was 
showing disregard for the rule of law, and insisted that the MoI 
disclose the specific allegations of corruption or misconduct 
against those three policemen - the chiefs of the traffic division, 
highway division, and criminal investigations division.  He said 
neither the Balkh police chief nor the regional commander is aware 
of such allegations against them. (Note: Both the Balkh police chief 
and regional police chief also said they were not aware of the 
allegations. End Note)  Rather, Atta defended the three policemen 
and praised them for their contributions to the security of Balkh 
province.  Atmar's over-the-phone effort to replace them without 
providing any supporting documentation is "unacceptable." 
 
¶4.  (SBU) Furthermore, in Atta's view, Karzai does not have the 
authority to appoint or replace government officials after May 22 - 
the date Karzai's term officially ended.  In an aside, Atta claimed 
that the MoI had attempted to replace the Panjshir chief of police 
on July 2, but was unsuccessful after Panjshiris reacted sharply 
against the decision. (Note: The Panjshir Governor and Panjshiris 
initially resisted the appointment, calling it blatently political 
and campaign maneuvering, but later accepted it and the new chief of 
police was installed 
July 5.  End Note) 
 
¶5. (SBU) During the hour-long meeting, Atta took a call from 
National Directorate of Security chief Amrullah Saleh about the 
pending dismissal order.  Atta reiterated his position to Saleh and 
added that he was not preventing the three policemen from turning 
themselves in voluntarily.  Afterwards, Atta recounted the portion 
of his phone conversation when Saleh had tried to strike a 
compromise by asking Atta to hand over two of the three men - the 
traffic police chief and the criminal investigations chief - because 
he knew how close the highway chief is to Atta.  For Atta, such a 
deal is unacceptable.  "If they're criminals, then all three should 
be brought to justice," he said.  Atta is convinced that if he were 
to suddenly have a change of heart and support Karzai for president, 
the cases against all three men would be dismissed. 
 
¶6. (SBU) State PRT officer asked Atta what his position would be if 
the MoI had its own reasons to investigate the three policemen, even 
if there were no complaints filed against them by the public.  Atta 
 
KABUL 00001849  002 OF 003 
 
 
said he would not stand in the way of an internal MoI investigation, 
but that the MoI must first disclose the allegations against them. 
Given the political sensitivity of the case and Atta's belief that 
Minister Atmar would appoint biased investigators to conduct the 
investigation, Atta said he would want representatives from the 
Balkh provincial prosecutor's office and the Provincial Council to 
be included on the team of investigators. 
 
ANP Commander Shares MoI Instructions 
------------------------------------- 
 
¶7. (SBU) In a July 6 meeting, ANP regional commander General Patang 
shared a few more details about what transpired.  He confirmed that 
the MoI sent a cable to his office the day after Minister Atmar 
phoned him to deliver the news.  The vaguely worded cable, which 
Patang displayed, mentions nothing about corruption or misconduct 
against the three policemen.  Rather, it calls for their removal 
based on the "new police structure and organization chart."  To 
Patang's surprise, the three policemen in question were informed of 
their dismissals before he had even heard about the development. 
The next morning, a delegation of provincial council members and 
Members of Parliament visited Patang to warn him not to implement 
Atmar's order.  MP Alem Khan said he would shed his own blood before 
allowing that to happen.  Patang spoke with Minister Atmar to 
express his concern that carrying out the MoI's order would spark 
violence.  That seemed to buy Patang some time, and he did not send 
the cable to the Balkh police chief for implementation.  Patang said 
Governor Atta soon called in the three policemen named to replace 
the three dismissed policemen and advised them not to get involved 
in a matter between Atta and Atmar.  Heeding Atta's advice, the 
three replacements have since told Patang they do not want their new 
assignments. 
 
¶8. (SBU) Patang provided a read-out of a second set of cable 
instructions he had received from the MoI just one hour earlier. 
That order calls for the immediate suspensions of the traffic police 
chief and the criminal investigations chief, but not the highway 
police chief. (Note: This is the same deal NDS chief Saleh tried 
pitching to Atta. End Note).  The second cable's language is 
completely different from that of the first, as it orders the 
suspensions in view of "considerations that require judicial 
follow-up."  Their deputies have been named to replace them. 
 
¶9. (SBU) This time, Patang forwarded the cable without delay to the 
Balkh provincial police chief, who after initial hesitation, 
disseminated the order to his force.  However, the two policemen 
still have not left their offices.  Patang has spoken with the two 
men and explained the consequences of their refusal to obey a direct 
order.  He says they have told him they are willing to step down, 
but that Governor Atta has told them to stay put.  Now, they are 
afraid to leave their posts.  Patang confided to State PRT officer 
that he suspects politics is behind Atmar's order, leaving him and 
his policemen in a very uncomfortable position in the middle of a 
political standoff between Atmar and Atta. 
 
Kai Eide Weighs In 
------------------ 
 
¶10. (SBU) The UNAMA representative in Mazar has delivered talking 
points to Atta from a draft letter that SRSG Kai Eide had intended 
to send to the governor.  In that draft, Eide asked Atta to abstain 
from any action that stands in the way of implementing Minister 
Atmar's decision to remove the two officers.  SRSG Eide reaffirmed 
Atmar's legal authority to remove police officials on corruption 
charges.  Eide wrote that the general objective of the international 
community (IC) is to see that the laws and Constitution of 
Afghanistan are upheld, which is why the IC stands behind Minister 
Atmar's efforts to fight corruption within the police force. 
 
Comment 
------- 
 
¶11. (SBU) While we fully support Minister Atmar's legal right to 
remove corrupt police officials, the rollout and timing of this 
particular order - only weeks before the election - raise questions. 
 With politics coloring many decisions Karzai and his Ministers take 
during the campaign season, it is no surprise that Atta has reacted 
the way he has.  It is indeed quite possible that the policemen have 
been involved in some form of corruption or misconduct.  Atta has a 
vested interest in protecting them because they are his 
ex-commanders and belong to his security apparatus.  But the MoI's 
conflicting rationales for the dismissals of the two men as 
reflected in the cables it sent to the regional police chief are 
puzzling and fuel suspicions about its motives for issuing the 
order. 
 
¶12. (SBU) Under the current Police Law, MoI has direct command and 
 
KABUL 00001849  003 OF 003 
 
 
control over its officers in the field, a situation that would 
become much murkier if the current version of Police Law Article 4 
as passed by Parliament were to be signed by the president.  If 
asked for recommendations by Minister Atmar, we will encourage the 
MoI to specify its allegations against the two policemen to Balkh 
provincial authorities and to pursue its investigations in as 
transparent a manner as possible, even though MoI is not required to 
do so.  That is likely to be the only way to see cooperation by 
Governor Atta in allowing the MoI's order to be carried out.  It 
would also be an opportunity to test how far Atta is willing to 
cooperate in investigations that may hit too close to home. 
 
EIKENBERRY