Visit showcases Afghanistan’s progress in rule of law

PAKTYA PROVINCE, Afghanistan – The joint Afghan and coalition force rule of law team visited Forward Operating Base Gardez to meet with local Afghan government officials and tour the National Directorate of Security prison in downtown Gardez Jan. 12. 

  

Court was is session in Paktya Province as 1st Battalion, 168th Infantry Regiment, Task Force Lethal, 2-45th Oklahoma Agribusiness Development Team and Paktya Provincial Reconstruction Team hosted U.S. Navy Vice Adm. Robert Harward, Combined Joint Interagency Task Force 435 commander, and Afghan Gen. Nazar Shah Safi, NDS chief.

The Afghan government has taken large steps to improve its judicial system over the past several years. The U.S. and other coalition forces provide advice and assistance with rule of law.

Afghans have made strides in correcting the ineffective and corrupt judicial system used during previous regimes. Only through a fair and open judicial system can the Afghans show the world they are a fair and just country. 

“The Afghans want to understand how the U.S. detains Afghan citizens,” said Afghan Col. Faizal Habibi, acting NDS prosecutor for Paktya Province.

The Afghans wanted to discuss with Harward how the U.S. holds and releases Afghans detained during operations. There is a misconception that the U.S. detains Afghans without any reason or explanation. 

“I know there are a lot of misconceptions about detention operations and we're working hard to correct them,” said Harward. “U.S. forces coordinate closely with Afghan security forces. When someone is captured during those joint operations, we work with our partners to gather all available information. Based upon that information, and using a very deliberate process, we determine if the individual should be released or turned over to the Afghans for prosecution under Afghan law or detained under the laws of armed conflict. Only when the information indicates someone substantially supported or actively participated in the insurgency will he be detained.”

U.S. Army Lt. Col. Steve Boesen, Task Force Lethal commander from Ankeny, Iowa, said Afghan forces are working much more closely with the U.S. since he assumed command in the Paktya Province.

“The Afghans have expanded their capabilities in processing evidence collected at crime scenes,” said Boesen. “The visit by Vice Adm. Harward allowed him to see how the Afghans have taken the lead in enforcing the rule of law for all Afghans.”

Another discussion point brought up by the Afghans was the national identification system. With more than a million Afghans enrolled, the system allows the Government of the Islamic Republic of Afghanistan to know how and where the population is developing. 

“Afghans need to take an interest in security for all Afghans,” said Safi. “The ID system will allow the GIRoA to help secure Afghans through criminal prosecutions.”
   
Harward has control, oversight and responsibility for U.S. detention as well as advising and assisting correction officials in Afghanistan. Harward wanted to see firsthand how the Afghans were running the Gardez prison.

Harward’s visit to Gardez allowed him, in cooperation with interagency, coalition and international counterparts, to assist the GIRoA as it builds capacity to enable the responsible transition of self-sustaining Afghan detention facilities and rule of law institutions that are compliant with Afghan and international law.