11.03.2008 - Source: US Department of State

Information on legal foundations in regard to pretrial detention; however, authorities often did not respect limits on length of pretrial detention ("Country Report on Human Rights Practices 2007") [ID 23692]

"Authorities did not respect limits on length of pretrial detention, and lengthy pretrial detention remained a problem in part because the legal system was unable to guarantee a speedy trial. The UN Human Rights Commission, ICRC, and AIHRC reported that arbitrary and prolonged detentions frequently occurred throughout the country. The Interim Criminal Procedure Code sets limits on pretrial detention. Police have the right to detain a suspect for a maximum of 72 hours to complete a preliminary investigation. If they decide to pursue a case, the file is transferred to the prosecutor's office, which must see the suspect within 48 hours. The investigating prosecutor could continue to detain a suspect without formal charges for 15 days from the time of arrest while continuing the investigation. Prosecutors must file an indictment or drop the case within 30 days of arrest. The court has two months to hear the case. An appeal must be filed within 20 days, and the appellate court has two months to review the case. A second appeal must be filed within 30 days, after which the case moves to the Supreme Court, which could take up to five months to conclude the trial. In many cases, courts did not meet these deadlines. NGOs continued to report that prison authorities detained individuals for several months without charging them. There were credible reports during the year that police in Ghazni and Kabul continued to detain prisoners after they were found innocent."

Document(s): Open document

11.03.2008 - Source: US Department of State

Lack of well educated lawyers, judges and prosecutors ("Country Report on Human Rights Practices 2007") [ID 23693]

"Lengthy trial procedures stemmed in part from the severe inadequacy of the judicial system. Reports from international NGOs estimated that no more than 150 defense lawyers, 1,400 judges, and 2,000 to 2,500 prosecutors practiced; most of them lacked any formal legal training. During the year international groups worked with the MOJ to provide constitutionally mandated legal aid, with more than 800 prosecutors, attorneys, and justice professionals receiving training. There were also widespread shortages of judges. Bamyan Province, for instance, reported that there were no judges in three of its districts and three districts were understaffed."

Document(s): Open document

26.11.2004 - Source: UN General Assembly

Report focused on political developments, security situation (disarmament, demobilization and reintegration, police and justice reform) human rights situation, health and nutrition, voluntary repatriation and reintegration ("Report of the Secretary-General on the situation in Afghanistan and its implications for international peace and security - Emergency international assistance for peace, normalcy and reconstruction of war-stricken Afghanistan A/59/581 S/2004/925") [#27496],  [ID 713]

"26. The process of reforming the justice sector, led by Italy, is based on two complementary efforts: strengthening political will and providing financial and technical assistance. The general assessment of the justice sector is that there is weak management and communication among justice institutions, and this needs to be addressed by coordination at all levels. The absence of implementing legislation for organizing the justice system compounds these problems. In addition, after 25 years of war, the justice sector lacks the required number of skilled staff, and there is a real need to build the capacities of existing justice-sector staff."

Document(s): Open document

19.03.2004 - Source: UN General Assembly

Several achievements in justice sector reform ("The situation in Afghanistan and its implications for international peace and security A/58/742–S/2004/230") [#20724],  [ID 714]

"[...] 27. There have been several achievements in justice sector reform. The decree on the reformed code of criminal procedure was issued in mid-February, providing a versatile system under which jurisdiction can be shifted to provincial courts from district courts where necessary. This should enable the gradual transfer of criminal cases to the formal justice system, though it is conditional upon an effectively functioning provincial infrastructure and the rehabilitation of district courts. Construction of provincial courts is under way in nine capitals, while the prioritization of district courts will be determined by the Provincial Stabilization Strategy. On 21 February, a two-week training-of-trainers seminar was initiated with senior judicial and law enforcement personnel on the new criminal procedural code. In addition, 450 judges are being trained by the International Development Law Organization, an intergovernmental organization that promotes the rule of law and good governance. [...]"

Document(s): Open document
Open document

07.03.2003 - Source: Danish Immigration Service

Structure of the judicial system ("The Political, Security and Human Rights Situation in Afghanistan: Report on fact-finding mission to Kabul and Mazar-i-Sharif, Afghanistan and Islamabad, Pakistan; 22 September - 5 October 2002") [#11326],  [ID 716]

"The Deputy Minister of Justice advised that the country has a court system with 3 instances, which is working well. There is a primary court in each district, and a secondary court - the appeals court - in each province, and finally the third and last instance, the Supreme Court in Kabul. There is a Public Prosecution Department in each province. Everybody is entitled to a defence. There is a legal aid department associated with the Supreme Court, and the Supreme Court may decide to appoint a defence counsel for someone with limited means. A sentence may only be pronounced for matters which are clearly set out in the criminal law. Judges are appointed by the government - by Karzai. To become a judge, a person must be a graduate either from the Faculty of Law or from the Faculty for Islamic Law (Sharia law - a one-year course). Promotion of judges is decided by the Supreme Court. The decision of the Supreme Court is final, and the Supreme Court acts independently of the government. Only death sentences must be approved by the president."

Document(s): Open document

01.2003 - Source: Overseas Development Institute

The Afghan Judicial Commission ("Afghanistan’s political and constitutional development (Authors: Chris Johnson, William Maley, Alexander Thier and Ali Wardak)") [#11961],  [ID 717]

"As stipulated in the Bonn Agreement, a 16-member independent Judicial Commission was formally established in May 2002. It was, however, dissolved four months later. Political tension among members, the lack of a clear agenda and the impression of undue conservatism among some in the ATA seem to be the main reasons for the dissolution of this body. There was reportedly strong competition and recrimination between the Ministry of Justice and the Supreme Court, as both wanted to control the appointment of judges, and the Ministry of Justice wanted to control the Attorney-General's Office. As a result of the heavy involvement of these two entities, the Commission was reportedly not sufficiently independent of the government to be effective. The Judicial Commission was reconvened in Kabul in November 2002, comprising nine members and a chair. Most of the commissioners appear to be reform-minded, and some have legal qualifications from universities in the West. However, the Commission is not politically balanced, does not represent the various ethnic interests in the country well and has only one female member. If it is to achieve its goals, it is likely to need significant assistance from the UN and other international organisations, such as the Rome-based International Development Law Organisation (IDLO), which is closely involved in the development of the Afghan judiciary and justice system."

Document(s): Open document

30.07.2002 - Source: International Crisis Group

ICG: Judicial commission; lack of lawyers and judges ("Afghanistan Briefing Paper: The Afghan Transitional Administration: Prospects and Perils") [#8257],  [ID 718]

"The Judicial Commission has an overwhelmingly brief. While basic administration continued in many parts of the country throughout the war years, no semblance of a functioning national judicial system remains. Three decades of regime change have lead to massive alterations of the legal system, in both content and implementation.
Not only does Afghanistan lack lawyers and judges trained in its mixture of Islamic and civil law, but even its few experts are uncertain which laws are actually in force. The ATA’s ability to re-impose the rule of law will depend on this commission’s ability to consolidate existing Afghan law into an 19 Ibid., Art. I(6) accessible format and to recommend basic changes where necessary."

Document(s): Open document

05.12.2001 - Source: UN Assistance Mission in Afghanistan

Bonn Agreement ("Bonn Agreement") [#28868],  [ID 715]

"The judicial power of Afghanistan shall be independent and shall be vested in a Supreme Court of Afghanistan, and such other courts as may be established by the Interim Administration. The Interim Administration shall establish, with the assistance of the United Nations, a Judicial Commission to rebuild the domestic justice system in accordance with Islamic principles, international standards, the rule of law and Afghan legal traditions."

Document(s): Open document