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Cablegate: Criminal Law Revision Spurs New Level Of

VZCZCXRO5660
RR RUEHDBU RUEHIK RUEHYG
DE RUEHBUL #2819/01 1720607
ZNR UUUUU ZZH
R 210607Z JUN 06
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC 0966
INFO RUCNAFG/AFGHANISTAN COLLECTIVE
RUCNIRA/IRAN COLLECTIVE
RHEHAAA/NSC WASHDC
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RUEKJCS/OSD WASHDC
RUEKJCS/SECDEF WASHDC
RUEKJCS/JOINT STAFF WASHDC//JF/UNMA//
RUEKJCS/JOINT STAFF WASHINGTON DC//J3//
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RHMFISS/HQ USCENTCOM MACDILL AFB FL
RUMICEA/JICCENT MACDILL AFB FL
RHMFIUU/COMSOCCENT MACDILL AFB FL
RUEATRS/DEPT OF TREASURY WASHDC
RUCNDT/USMISSION USUN NEW YORK 2622
RUEHNO/USMISSION USNATO 2772
RUEHGV/USMISSION GENEVA 6069
RUEHUNV/USMISSION UNVIE VIENNA 1447

UNCLAS SECTION 01 OF 03 KABUL 002819

SIPDIS

SIPDIS

STATE FOR SA/FO (DAS GASTRIGHT), SA/A, S/CR, SA/PAB,
S/CT, EUR/RPM
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR AHARRIMAN, KAMEND
OSD FOR BREZINSKI
CENTCOM FOR CG CFC-A, CG CJTF-76, POLAD
REL NATO/AU/NZ/ISAF

E.O. 12958 N/A
TAGS: PREL PGOV PTER AF
SUBJECT: CRIMINAL LAW REVISION SPURS NEW LEVEL OF
COOPERATION

KABUL 00002819 001.2 OF 003


1.(SBU) SUMMARY: ROL Coordinator and UNAMA
representative met with the Afghan Minister of
Justice to ascertain the status of Afghan efforts to
review its Interim Criminal Procedure Code and
ensure international participation in the process.
Min. Danish welcomed professional input from the
USG-chaired International Review Committee,
identified other outstanding laws still in the hands
of the internationals, and reiterated the need for
more transparency and coordination with the USG. We
are taking actions to make this happen. END
SUMMARY.

2. (SBU) Ambassador Baltimore, Counselor for Rule
of Law and Charles Briefel, Senior Rule of Law
Officer for the United Nations Assistance Mission in
Afghanistan (UNAMA) met with Afghan Minister of
Justice Danish on June 17 in the latters office to
seek clarification regarding the status of Afghan
efforts to revise the existing Interim Criminal
Procedure Code.

-----------------------------------------
Status of Criminal Procedure Law
-----------------------------------------

3. (SBU) From Danishs perspective, many different
t
Afghan institutions, including the Supreme Court,
Attorney Generals Office and the Afghan National
Police have serious problems with the Italian-
drafted Interim Criminal Procedure Code that was put
into effect by purely executive action before the
legislative branch came into being. According to
Danish, approximately two weeks ago, the Afghan
Parliament officially asked the MOJ to review the
Interim law by taking into account other relevant
laws, local criticisms and input from the
international community.

4. (SBU) Ambassador Baltimore briefed the Minister
on the USG-chaired International Review Committees
ongoing and fruitful efforts to harmonize
international views by regular meetings on the
criminal procedure code. The Minister agreed to
review a submission from the committee of key legal
principles with detailed examples of their relevance
to Afghan law, as part of the review process.

-------------------
POC Confusion
-------------------

5. (SBU) At various points throughout the meeting,
the Minister made it clear that he wants to deal
with rule of law questions in a clear and
coordinated manner, but is very confused as to who
represents USG views. He also decried what he sees
as unreasonable delays on the part of the
international communitys review of draft
legislation that the ministry passed to them many
months ago. He cited the Law on Defense Attorneys
and the Law on the Organization of the Attorney

KABUL 00002819 002.2 OF 003


Generals Office as two examples of drafts that have
been before the international community for nearly
one year, and said that a draft anti-terrorism law
was not far behind.

--------------
Sensitivities
--------------

6. (SBU) Danish was clearly upset over what he
believed was an USAID report that he felt unjustly
blamed the MOJ for not having a set of commercial
laws in place, when, he maintained, it was the
primary responsibility of the Ministry of Commerce.
(The paper he was upset about was eventually
y
identified as not a USAID product). This appeared
to be the first chance he had to vent on this
irritant.

---------------------------------
We want USG Involvement
---------------------------------

7. (SBU) Minister Danish specifically asked that
Ambassador Neumann be made aware that the Minister
needs and wants help far beyond assistance with
legislative drafting. He mentioned broad needs to
address the current security situation, the lack of
a suitable physical infrastructure from prisons to
police, and the need for program development and
training (in addition to the current INL/CSSP
programs.)

----------------------------
Comment; Next Steps
--------------------------

8. (SBU) Comment: Danishs agreement to receive
direct input from the USG chaired International
Review Committee (IRC) is a welcome breakthrough
(present membership includes INL, DOJ, UNAMA, IDLO,
and UNODC).

The Ministers comments about delay in the
reorganizing the Attorney Generals Office is
is
inaccurate. The draft in questions is back in the
AGOs office for further work, it is not in the
hands of the internationals. Meanwhile,
--We will quickly dispense with Danishs frustration
with the proliferation of rule of law POCs by
sending him a letter clarifying the position of the
Coordinator for ROL from the USG standpoint;
--We will seek IRC agreement to take on expeditious
handling or at least an accounting of the laws
Danish believes are overdue, and,
--We will speed up the IRCs initial thoughts on the
revised Criminal Procedure Law and get them into
Danishs hands. End Comment.

NEUMANN


KABUL 00002819 003.2 OF 003


NN

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