VZCZCXRO5249
RR RUEHDBU RUEHPW RUEHSL
DE RUEHBUL #3853/01 3361311
ZNR UUUUU ZZH
R 021311Z DEC 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC 3691
INFO RUCNAFG/AFGHANISTAN COLLECTIVE

UNCLAS SECTION 01 OF 02 KABUL 003853 
 
SIPDIS 
 
DEPARTMENT FOR SRAP STAFF, SCA/A, AND INL 
DEPARTMENT PASS DEPARTMENT OF JUSTICE 
DEPARTMENT PASS FBI 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS KCOR EAID AF
SUBJECT: US-AFGHAN PARTNERSHIP CREATES NEW INSTITUTIONS TO FIGHT 
CORRUPTION 
 
REF: KABUL 3419 
 
¶1.  Summary: Seven Ministerial level speakers joined the Ambassador 
and UK Ambassador in stressing the importance of reducing corruption 
in Afghanistan at an Embassy-organized media event in Kabul on 
November 16.  At this event highlighting growing bilateral and 
multilateral engagement in this sphere, Minister of Interior Atmar 
announced his government's plan to establish an Anti-Corruption 
Tribunal as well as the existence of the Major Crimes Task Force and 
the Attorney General's Anti-Corruption Unit.  These anti-corruption 
entities may signal a new willingness on the part of the Afghans to 
fight corruption and, together with the existing crime-fighting 
capabilities of the Counter-Narcotics Justice Task Force and the 
National Interdiction Unit, could form the backbone of an effective 
law enforcement effort in the country.  However, transformation of 
the High Office of Oversight (HOO, the Afghan government entity 
charged with combating corruption administratively) is necessary to 
fight corruption more effectively.  Non-law enforcement efforts are 
equally important, including efforts to influence corrupt officials 
to change their behavior and to improve Afghan government capacity, 
transparency, and accountability.  End Summary. 
 
 
NEW ANTI-CORRUPTION INITIATIVES 
------------------------------- 
 
¶2.  Anti-Corruption Tribunal:  In early November 2009, the Supreme 
Court appointed a national Anti-Corruption Tribunal (ACT) to comply 
with a provision of the Afghan Law on Overseeing the Implementation 
of the Anti-Corruption Strategy (the "HOO Law").  The ACT is 
composed of 11 judges - seven Appellate and four Primary Court 
judges.  After nominees pass polygraph exams (a precondition for 
sitting on this court), they will be able to accept significant 
cases from across Afghanistan.  The court does not yet have offices, 
a courtroom, administrative staff, or technical support.  DOJ has 
proposed salary supplements and administrative support for the 
judges, and INL is considering the request.  The ACT could be an 
important tool in Afghan anti-corruption efforts, but this 
initiative will require substantial human and financial resources 
from Washington and international partners. Post is currently 
assessing the practical start-up needs and projections costs to 
maintain the ACT in the future. 
 
¶3.  Major Crimes Task Force:  Initiated in May 2009, the Major 
Crimes Task Force (MCTF) is the FBI's primary corruption-fighting 
effort in Afghanistan.  The MCTF currently consists of a Kidnapping 
Investigation Unit and a Corruption Investigation Unit, and officer 
selection is underway to add an Organized Crime Unit and an 
Intelligence Unit.  MCTF strength is currently 100 Afghan 
investigators from the Ministry of the Interior (MOI) and National 
Directorate of Security (NDS).  The FBI, together with the UK 
Serious and Organized Crimes Agency (SOCA) and the Australian 
Federal Police, provide mentors, while the U.S. military builds 
intelligence capacity.  INL provides funding.  The MCTF is located 
at Camp Falcon, which may be the home of the Anti-Corruption 
Tribunal in the near future. 
 
¶4.  Anti Corruption Unit:  Established in May 2009, the 
Anti-Corruption Unit (ACU) consists of 12 specially selected, vetted 
prosecutors from the Afghan Attorney General's office.  The ACU 
prosecutes corruption cases involving mid- and high-level government 
officials, and will serve as the prosecutorial arm of the MCTF.  As 
soon as prosecutors have passed a polygraph examination, they are 
able to work on MCTF cases.  Prosecutors from the U.S., UK, and 
EUPOL mentor ACU prosecutors, and the UK supplements salaries; 
agencies provide funding.  The ACU expects to indict several senior 
Afghan officials in the near term, and already faces a backlog of 
cases.  INL has provided some additional funding for the mentoring 
process and DOJ is providing more mentoring attorneys in 2010.  The 
AG has requested additional assistance, including air transportation 
to the provinces for prosecutors. 
 
THE GOLD-STANDARD IN FIGHTING CRIME IN AFGHANISTAN 
--------------------------------------------- ----- 
 
¶5.  Counter-Narcotics Justice Task Force:  Established by law in 
2005 and focused primarily on the prosecution of major drug 
trafficking offenses, the Counter-Narcotics Justice Task Force 
(CJTF) also prosecutes narcotics-related corruption cases.  Located 
at the Counter-Narcotics Justice Center in Kabul, its 35 
investigators, 30 prosecutors and 14 judges have handed down some 
1555 convictions since 2005, including numerous corruption cases 
involving senior Afghan National Police (ANP) officers.  Considered 
the country's premier investigative, prosecution and judicial 
institution, the CJTF serves as a model for other anti-corruption 
bodies in Afghanistan.  Six Senior Legal Advisors from US DOJ mentor 
the CJTF, funded by INL. 
 
 
KABUL 00003853  002 OF 002 
 
 
¶6.  The National Interdiction Unit:  The National Interdiction Unit 
(NIU) is a specialized tactical enforcement arm of the 
Counter-Narcotics Police - Afghanistan (CNP-A), which works closely 
with DEA.  The NIU handles long-term investigations of major drug 
trafficking organizations, monitors telecommunications, and arrests 
individuals for prosecution in the Afghan criminal justice system. 
Since its founding in 2004, it has grown from 50 ANP officers, 
including four females, to 256 personnel, including six operational 
teams and other groups dedicated to investigations and surveillance. 
 With U.S. financial and training support through INL and DEA, the 
NIU has plans to grow to 500 ANP officers in the months ahead, and 
platoon-sized units will be deployed to Regional Centers in Konduz, 
Jalalabad, Kandahar and Herat.  This expansion should greatly 
enhance Afghan drug enforcement capacity. 
 
WHO IS THE HOO? 
--------------- 
 
¶7.  High Office of Oversight:  Established by Presidential Decree in 
July 2008 at the insistence of the international community, the High 
Office of Oversight (HOO) began operations in September 2008.  The 
primary Afghan government anti-corruption body, it oversees 
prevention, develops and implements action plans, oversees 
investigations and prosecutions and reports to President Karzai. 
Its main achievement to date is initiating the Asset Registration 
process, a required benchmark for the Afghan Reconstruction Trust 
Fund (ARTF).  However, the process has been imperfect and has fallen 
far short of expectations.  The HOO has received about 78 percent of 
asset declarations requested of public officials, but has not yet 
conducted any verification review.  HOO activities and staff are 
financed largely by foreign donors, primarily the UN and USG.  The 
enabling legislation for the HOO provides little political and 
budgetary independence, limited authority to compel others to take 
action, and no authority to verify asset declarations or investigate 
complaints.  The HOO law also fails to make filing a false 
declaration a criminal offense.  International donors are pressing 
for reform of its authorizing legislation, but extensive revision 
and major budgetary and political support, including an 
international advisory board, will be necessary.  Post will provide 
recommendations for necessary and massive reform of the HOO septel. 
 
PREVENTING CORRUPTION IS ALSO IMPORTANT 
--------------------------------------- 
 
¶8.  Post also assists the Afghan government and non-government 
institutions prevent and detect corruption, including auditing, 
procurement, and civil service reform.  Afghanistan's Control and 
Audit Office (CAO) is responsible for external audit of government 
accounts, but is not independent from the executive.  The USG 
continues to advocate for CAO independence.  Post also coordinates 
with the World Bank to assist the Ministry of Finance to fulfill its 
internal audit function and to formulate and implement procurement 
reforms.  Finally, the Independent Administrative Reform and Civil 
Service Commission (IARCSC) plays the essential role of creating and 
supporting a merit-based civil service.  In partnership with USAID, 
IARCSC restructuring the civil service and training 16,000 
government employees in five key functions, including procurement 
and financial management. 
 
COMMENT 
------- 
 
¶9.  Establishment of the Afghan corruption-fighting institutions is 
an important step towards fighting this scourge.  Substantial 
additional resources will be needed to ensure that they are able to 
function effectively.  (Post will send assessments of resource needs 
septel.)  Initiatives such as establishing the Judicial Security 
Unit (reftel) and building regional courts of competence are also 
vital to the effort and will require substantial resources from 
international donors.  However, law enforcement is not the only -- 
or always the most effective -- way to reduce corruption in 
Afghanistan.  With the lengthy periods necessary to successfully 
prosecute a corrupt official, Post is exploring additional ways to 
influence behavior and punish offenders.  These include incentives 
to change behavior (carrots), such as salary plus-ups or other 
additional resources, and disincentives (sticks), such as seizing 
assets, severing relationships, ending development assistance, 
taking back armored vehicles and security details, and applying 
Presidential Proclamation 7750 to deny visas to corrupt officials 
and their families and associates.  Recognizing that preventing and 
detecting corruption is as important as punishing it, Post's 
anti-corruption strategy, currently under review in Washington, 
places equal emphasis on improving Afghan government capacity, 
transparency, and accountability. 
Eikenberry