Source:

Frankfurter Rundschau: New religion police established at Supreme Court [ID 757]

Source:

Appointment of more moderate judges [ID 760]

"One of the most striking features of the Taliban's rule in Afghanistan was the militia's harsh interpretation of Islamic law. That interpretation saw criminals routinely punished by amputation and execution, with the sentences carried out in front of crowds forced to attend. With a new Afghan interim administration due to take office on 22 December, legal experts in Kabul say the country will now return to a more moderate interpretation of its religious-based laws. One of the first tasks of Afghanistan's new interim administration after it assumes power this Saturday will be to rehabilitate the country's judicial system after the excesses of the Taliban regime. The new administration will have to formally reappoint many of the judges the Taliban fired from their posts after taking Kabul in 1996. At the same time, the interim government -- which will run for six months -- is expected to review the lists of currently serving judges in the country, to weed out any who retained their jobs under the Taliban at the price of excessively close cooperation with the militia and whose future performance now may be questionable. Legal experts here expect the result of this process will be to return Afghanistan to the more moderate system of Islamic law that was prevalent before the Taliban era. That era saw the fundamentalist militia impose its own harsh interpretation of Koran-based law, or Shariat, upon the country, including the routine use of public amputations and executions to punish criminals."

Source:

New religions policy established at Supreme Court [ID 974]

11.2007 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Lack of fair trials, lawyers and formal education for judges ("11th European Country of Origin Information Seminar; Vienna, 21 - 22 June 2007; Country Report; Afghanistan") [ID 21956]

"Fair trials are the exception: According to the Supreme Court (June 2007), 44% of the judges have graduated from Sharia faculties and 12% have a law degree, the rest does not have any kind of formal education in Sharia or law. There are less than 200 licensed lawyers in whole Afghanistan, of which less than 100 actually practice."

Document(s): Open document

25.08.2004 - Source: BBC News

US forces will eventually hand over Afghan detainees to the Afghan authorities ("Prisoners 'to get Afghan trials'") [#25099], [ID 968]

Document(s): Open document

29.09.2003 - Source: International Crisis Group

Corruption almost an inevitable part of the system; connections to factional power ("Peacebuilding in Afghanistan") [#16299], [ID 744]

"Many people believe that local conflicts should be resolved by the government through its formal systems, and speak of a time when this was so. Yet, much of Afghanistan’s government administration and its formal justice system broke down over the war years.
The task of restoring it is immense and will not be accomplished quickly. Salaries for government officials at all levels declined so much as to make corruption almost an inevitable part of the system, and connections to factional power became a key determinant of who got jobs. Many qualified lawyers and judges left the country, and the number of law students declined significantly. Judges were often appointed after consultation with regional commanders and were severely limited in their ability to deliver justice. The police force became largely linked to the factions."

Document(s): Open document

14.08.2003 - Source: Amnesty International

evident lack of proper premises and facilities for the courts; courts visited lacked basic stationery supplies ("Afghanistan: Re-establishing the rule of law") [#15047], [ID 745]

"There is an evident lack of proper premises and facilities for the courts that are in operation. Judicial personnel in many areas are working in buildings that lack electricity, water and heating. Furthermore, many courts visited by Amnesty International did not have proper flooring, windows, appropriate furniture, including desks and filing cabinets in which to store case files and other court documents. All the courts visited by Amnesty International lacked basic stationery supplies such as files, pens, paper and record books which are essential for ensuring the proper administration of the courts.
In addition, the courts are currently operating in extremely overcrowded conditions. In many areas, up to four courts share a room and administrative staff are cramped into offices. For example, in Kabul, up to three Primary Courts share one badly equipped room and in Mazar-e Sharif, up to 40 staff in the Attorney General’s office share a single office. The physical conditions of the courts visited by Amnesty International were extremely poor and tended to hinder the administration of justice. Amnesty International recognises that security and logistical constrains complicate the provision of assistance to the Afghan courts. However, the organization has observed that the international community has been slow in commencing its promised judicial assistance program. This means that the courts are currently operating without the basic minimum physical requirements. At the time of writing no emergency assistance to courts outside of Kabul had been provided."

Document(s): Open document

14.08.2003 - Source: Amnesty International

Different forms of threats to the independence of the judiciary: intimidation by armed groups, interference in the judicial process by persons holding public office and pressure on the judiciary from family members ("Afghanistan: Re-establishing the rule of law") [#15047], [ID 748]

"Amnesty International is concerned that the judiciary does not currently receive the required support to resist the pressures upon it. The failure of the international community to terminate the influence of armed groups and to improve security has left the judiciary extremely vulnerable. In addition, the failure to ensure proper security for the courts, judicial personnel, victims and witnesses has undermined further the capacity of the judicial system to act independently. As a consequence, certain individuals remain above the law because of their place in the community or because they are able to use threats, intimidation and other forms of pressure to influence judicial proceedings.

Pressure, including threats and intimidation, by armed groups Amnesty International has documented a number of cases where there is evidence of interference in the work of the judiciary by armed groups. In all of the main prisons visited by Amnesty International delegates, the organisation met so-called “political prisoners”. That is, persons held extrajudicially upon the order of a member of an armed group or on suspicion of being associated with the former Taleban regime. In one prison, Amnesty International met with three “political prisoners” who had been detained for over a year and who had never been charged or gone before a court. When Amnesty International sought clarification of the status of these prisoners from prison authorities, the organisation was informed that the commanders were responsible for their detention and that they had prevented the court from dealing with their cases. When the Amnesty International delegates asked the competent court about these detainees, judges explained that it was “too dangerous” for them to deal with their cases due to “political influences”. Furthermore, there is also evidence of threats being exerted upon members of the judiciary with the aim of ensuring that certain persons remain above the law. A number of judges, prosecutors and Ministry of Justice officials interviewed by Amnesty International in Herat, Jalalabad and Mazar-e Sharif stated that they had received threats from armed groups. In one case documented by Amnesty International, prosecutors were forced to drop an investigation into a double murder after being threatened by armed men. Prosecutors working on this case informed Amnesty International delegates that there would be no prosecution “because the murder suspect belongs to a commander’s family”. In another region, public security court judges stated that they had been prevented from dealing with cases involving serious crime, including drug related offences, after being threatened by armed men. In another region, 21 The Afghan judicial officials reported that armed gunmen had come to their offices on two occasions to ensure termination of judicial involvement in a number of property cases.

Interference in the judicial process by persons holding public office Amnesty International has also documented cases where there is evidence of interference in the work of the courts by persons holding public office in Afghanistan. One case involved a young woman who was initially held as a material witness in a murder case in January 2003. She was subsequently charged with unlawful sex before marriage before being released one month ago.23 The victim in the murder case was the son of a local governmental official. After spending four months in detention, the young woman was released by an order of the Primary Court. However, political interference in the case prevented the young woman’s release. After the court ordered her reease, it is reported that she was summoned to the head of the Provincial Court who informed the young woman that the head of the local government official was a friend of his and that he would not allow her release. In the same region, it was reported that the District Governor frequently interferes in the work of the judiciary and that he takes the final decision in all cases involving “political prisoners”, girls and women defendants. In this region, it is reported that the prison authorities do not release prisoners until they have received the decision of the District Governor regardless of whether there is an order from the competent court ordering release.

Pressure on the judiciary from family members There is a widespread pattern of family members putting pressure upon the courts in order to ensure that a relative, who has not acted in accordance with their wishes, is detained. The problem is particularly acute in cases involving girls and young women who resist forced marriages or who wish to marry men against the wishes of their family. Amnesty International interviewed a number of girls and young women in prison whose families had put pressure on the police and courts to ensure their arrest and continued detention after they had refused to marry in defiance of their families. The legal basis for these detentions was, in most cases, unclear.
In one case, the father of an 18 year old woman initiated the arrest and prosecution of his daughter after she refused to marry a cousin. The young woman had informed her family that she wished to marry a different man. However, her parents insisted that she marry her cousin and when she refused her father put pressure on the police to facilitate her arrest. At her first court appearance, the judge informed the young woman that she was being detained for “wishing to marry without her parents’ consent”. However, the young woman was subsequently subjected to two forcible virginity tests and informed that she was being charged with illegal sex before marriage.26 Both the police and the court informed the woman that she would not be released from prison until such time as her family changed their minds and agreed to the marriage that she wanted. While there is no evidence of corruption in this case, in other similar cases there are indications that family members provided financial incentives to judges in order to ensure that female relatives remain in prison. One case documented by Amnesty International involves a 14 year old girl who was sentenced to three years for leaving her husband.27 The girl had been forcibly married by her family at the age of 13 and was reportedly subjected to physical and sexual abuse by her husband. A year after being married, the girl left her husband with the assistance of another man. It was reported that the family paid the judges to ensure her conviction."

Document(s): Open document

14.08.2003 - Source: Amnesty International

Extremely serious and widespread violations of the right to a fair trial ("Afghanistan: Re-establishing the rule of law") [#15047], [ID 749]

"One of the cornerstones of the rule of law is the notion of the right to a fair trial. The right to a fair trial is designed to ensure that all individuals are protected by law throughout the criminal process, from the moment of detention right up until the final disposition of their case. Afghanistan’s international legal obligations under articles 9, 10 and 14 of the ICCPR entail a right of all persons to a fair trial. The right to a fair trial is also set out in other international instruments, including the Rome Statute. The right to a fair trial is also guaranteed in Afghan law. Most notably, articles 25 and 26 of the Afghan Constitution, which set out the “basic rights and duties of the people”, include a number of important provisions related to the right to a fair trial. However case monitoring and trial observation by Amnesty International indicate that the Afghan criminal justice system currently lacks the ability to ensure that persons accused of criminal offences are afforded their right to a fair trial. The extremely serious and widespread violations of the right to a fair trial highlight the complex range of issues that must be tackled in developing a criminal justice system that fully protects the rights of both suspects and victims."

Document(s): Open document

14.08.2003 - Source: Amnesty International

Widespread problem of corruption amongst judges and prosecutors ("Afghanistan: Re-establishing the rule of law") [#15047], [ID 750]

"There is a widespread problem of corruption amongst judges and prosecutors. Detainees in a number of regions of Afghanistan informed Amnesty International that judges and prosecutors had asked them, or their families, for money in return for their release. Prison staff also stated that judges and prosecutors routinely asked defendants for money and that prisoners who were able to pay were released from prison. The problem of corruption appears to affect every region of Afghanistan. However, it appeared to be particularly bad in Kabul. One detainee described the Kabul Welayat detention centre as “a business enterprise for the judges and prosecutors”.
Amnesty International has also documented cases where judges and prosecutors appear to have accepted bribes in return for not proceeding with certain cases. One case involved a 15- year-old girl who wanted to divorce her 60-year-old husband. The girl sought a divorce after being so badly abused by her husband that she required hospital treatment. After being discharged from hospital, the girl refused to return to her husband and went to live with her family who assisted her in approaching the court for a divorce. However, the girl’s husband refused to grant a divorce and it is reported that he paid the judges in order to ensure that they did not proceed with the case. The girl’s father, who took the case up on her behalf, stated that when he went to the court to follow up on the case he found that all the court documents, including statements from witnesses and medical professionals were missing. The following day armed men are reported to have visited the girl and informed her that she must return home. The girl then committed suicide by hanging herself.
In another case, there is evidence that a prosecutor took money from a wealthy businessman to secure the arrest of two brothers who were believed to be his business rivals. At the time of Amnesty International’s mission to Afghanistan, the two brothers had been held in a public security prison for over a year without being charged with a criminal offence. Commenting on this case, the Supreme Court informed Amnesty International that it had informed the public security court on a number of occasions that there was no basis for the brothers’ detention. However, the Supreme Court stated that they had failed to secure the release of the men in this “political case” because heavy bribes had been paid to a prosecutor and judge"

Document(s): Open document

14.08.2003 - Source: Amnesty International

Extremely serious and widespread violations of the right to a fair trial ("Afghanistan: Re-establishing the rule of law") [#15047], [ID 969]

"One of the cornerstones of the rule of law is the notion of the right to a fair trial. The right to a fair trial is designed to ensure that all individuals are protected by law throughout the criminal process, from the moment of detention right up until the final disposition of their case. Afghanistan’s international legal obligations under articles 9, 10 and 14 of the ICCPR entail a right of all persons to a fair trial. The right to a fair trial is also set out in other international instruments, including the Rome Statute. The right to a fair trial is also guaranteed in Afghan law. Most notably, articles 25 and 26 of the Afghan Constitution, which set out the “basic rights and duties of the people”, include a number of important provisions related to the right to a fair trial. However case monitoring and trial observation by Amnesty International indicate that the Afghan criminal justice system currently lacks the ability to ensure that persons accused of criminal offences are afforded their right to a fair trial. The extremely serious and widespread violations of the right to a fair trial highlight the complex range of issues that must be tackled in developing a criminal justice system that fully protects the rights of both suspects and victims."

Document(s): Open document

13.06.2003 - Source: Institute for War and Peace Reporting

Despite the progress made Afghanistan's new constitution and other legal mechanisms, the country still lacks the institutions that would put war criminals on trial ("Justice Undone") [#13915], [ID 746]

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

Lack of legal certainty ("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 751]

"An international source said that there is a lack of legal certainty in the country. Technically, there is a judicial system with judges and lawyers cooperating closely with the judicial system in Kabul. But when asked, the judges in Mazar-i-Sharif admit that the system does not work and that the courts do not cover the entire country, and furthermore that the decisions made by the courts do not outrank the decisions made by for instance the council of elders. The effectiveness of a court decision depends entirely on whether the local ruler agrees and is prepared to accept the sentence.
Everything is decided by local commandants and the council of elders. In view of this situation, it is not particularly significant that the 1964 Constitution and the police regulations from the same period have been reintroduced, according to the source."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

Lack of judicial independence ("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 752]

"The biggest problem is that the judges do not consider themselves as independent of the government and the administration. They see themselves as protecting the interests of the state rather than protecting the rights of the individual. In cases where a high ranking civil servant is to be charged and indicted, it is quite certain that the judge will not pursue the case against the person concerned. This happens throughout the country, but especially in the provinces. The source gave examples to the effect that the judicial system does not protect witnesses who are the victims of threats or injustice.
If an individual is seeking protection against injustice, the reaction of the police will then depend on whether the person has connection to influential persons. If a person knows someone in a position of power, and who uses this power, it may be possible to get the assistance of the police. onversely, if the other party in the conflict has higher ranked connections, the victim will receive no assistance from the police.
In this context the source mentioned a case where a police officer on several occasions imprisoned the father of a young woman he wanted to marry, but who did not wish to marry the police officer. The family complained, and the Minister of Justice referred the matter to the court, but without doing anything else. A month later, the girl had still not received any decision by the court against the man, and the father was still being detained (illegally)."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

Judicial system weak, legal uncertainty ("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 753]

"The EU's special representative mentioned that the judicial system is weak, bordering on the nonexistent. There are no effective judicial remedies available against unjust actions, acts of infringement and injustices. The lack of judicial remedies does not relate only to human rights violations but also to ordinary civil law violations or criminal law infringements. Many Afghans believe that the Sharia laws should continue to apply - and say so in public - but there are no reports about the Sharia laws relating to amputations, executions and the like having been applied after the fall of the Taliban.
The coordinator for the International Human Rights Law Group said that there is no legal certainty in Afghanistan. According to the source there has been no overall improvement in the situation after the fall of the Taliban. Even in Kabul, where the situation is generally considered to have improved most, there is no fundamental legal certainty. The legal system does not have the capacity to deal with the pending cases. When a decision by a district court has been appealed and brought before the appeals court (court in the province), it may take 2-3 years before a decision is made in the case. There are numerous examples of people having been held in custody for a period which exceeds the maximum penalty for the crime committed. As an example the source mentioned a person who had been retained for 7 months before the case came before the court for an offence which carries a maximum sentence of six months in prison."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

Judicial Commission has not started its work ("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 754]

"The Norwegian ambassador further advised that under the Bonn greement it was arranged that a number of commissions be established for the purpose of reviewing the existing legislation, including a Constitutional Commission, to start preparing a new constitution. Several of the people appointed as leaders of this commission are living abroad, and so far the commission has not started its work. A Judicial Commission, established just before the Loya Jirga, has had new members appointed, and accordingly this work has not commenced. Finally, it is intended to establish a Civil Service Commission, which has also not commenced working. The only commission, which has been established and has started working, is the National Human Rights Commission (AIHRC)."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

Court proceedings ("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 755]

"The coordinator of UNAMA's Civil Affairs Branch said that the judicial system does not function and does not provide protection, unless a person has influential connections. In this connection the source said that there is a large backlog of cases which have been referred from the provinces to the Supreme Court in Kabul. According to the source, there are tens of thousands of cases being referred to the higher courts in Kabul, without any steps being taken to process these cases. According to the source, this has been the situation for the last 10-15 years."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

Judicial system weak, legal uncertainty ("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 970]

"The EU's special representative mentioned that the judicial system is weak, bordering on the nonexistent. There are no effective judicial remedies available against unjust actions, acts of infringement and injustices. The lack of judicial remedies does not relate only to human rights violations but also to ordinary civil law violations or criminal law infringements. Many Afghans believe that the Sharia laws should continue to apply - and say so in public - but there are no reports about the Sharia laws relating to amputations, executions and the like having been applied after the fall of the Taliban.
The coordinator for the International Human Rights Law Group said that there is no legal certainty in Afghanistan. According to the source there has been no overall improvement in the situation after the fall of the Taliban. Even in Kabul, where the situation is generally considered to have improved most, there is no fundamental legal certainty. The legal system does not have the capacity to deal with the pending cases. When a decision by a district court has been appealed and brought before the appeals court (court in the province), it may take 2-3 years before a decision is made in the case. There are numerous examples of people having been held in custody for a period which exceeds the maximum penalty for the crime committed. As an example the source mentioned a person who had been retained for 7 months before the case came before the court for an offence which carries a maximum sentence of six months in prison."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

Judicial Commission has not started its work ("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 971]

"The Norwegian ambassador further advised that under the Bonn greement it was arranged that a number of commissions be established for the purpose of reviewing the existing legislation, including a Constitutional Commission, to start preparing a new constitution. Several of the people appointed as leaders of this commission are living abroad, and so far the commission has not started its work. A Judicial Commission, established just before the Loya Jirga, has had new members appointed, and accordingly this work has not commenced. Finally, it is intended to establish a Civil Service Commission, which has also not commenced working. The only commission, which has been established and has started working, is the National Human Rights Commission (AIHRC)."

Document(s): Open document

07.03.2003 - Source: Danish Immigration Service

Court proceedings ("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 972]

"The coordinator of UNAMA's Civil Affairs Branch said that the judicial system does not function and does not provide protection, unless a person has influential connections. In this connection the source said that there is a large backlog of cases which have been referred from the provinces to the Supreme Court in Kabul. According to the source, there are tens of thousands of cases being referred to the higher courts in Kabul, without any steps being taken to process these cases. According to the source, this has been the situation for the last 10-15 years."

Document(s): Open document

05.03.2003 - Source: Medica Mondiale

Whole system suffers from widespread lack of education and corruption ("Trapped by Tradition - Women & Girls in Detention in Kabul Welayat") [#14380], [ID 747]

"At present the whole system suffers from widespread lack of education, corruption, and the intractability of conservative elements who uphold tradition even when it is in conflict with written law. Less than 50% of the police in Afghanistan are believed to be literate and most of the Judiciary lack training in statutory law with some only having limited non-standard Madras learning. Corruption is commonly accredited to low salaries and high costs of living. Public servants receive a maximum of 50 US$ a month (this compares with salaries ranging between 200 US$-500 US$ for a driver in an INGO or UN agency), and often, including for the Kabul prison guards, even that small payment is infrequent. Taking into account these factors, some, even within the system, admit that the possibility for a fair hearing and justice for the poor and powerless is remote. These failings obviously have specific serious implications for women – who tend to articulate problems differently than the way (male) norms frame them, and who lack access to education and money as tools with which to battle sexist perceptions. The detainees the author saw claimed to suffer from lack of access to legal advice and information. In most cases they are woefully ignorant of their basic rights and even if they have vital documents such as marriage certificates are not able to ascertain their contents without assistance (a problem the vast majority of the uneducated population share)."

Document(s): Open document

03.02.2003 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Legal uncertainty ("Civil and political rights, including the question of disappearances and summary executions E/CN.4/2003/3/Add.4 E/CN.4/2003/3/Add.4") [#10765], [ID 756]

"62. Afghanistan’s judicial system does not seem to follow any uniform criminal legal system. The Law Ministry and the Attorney-General’s offices have recently distributed law books to the judiciary and public prosecutors in the entire country. It appears some courts are following traditional or customary law, while others follow different interpretations of Shariah law, without any form of consistency. There is uncertainty pertaining to a number of laws, including penal laws. The Chief Justice, a pious man of 72 years, had his own set ideas of justice. He did, however, clearly state that he was familiar with international human rights law and norms, and the Special Rapporteur was pleased to hear that, in his opinion, he found no inconsistencies between international human rights norms and Shariah."

Document(s): Open document
02464afgh.pdf

03.02.2003 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Legal uncertainty ("Civil and political rights, including the question of disappearances and summary executions E/CN.4/2003/3/Add.4 E/CN.4/2003/3/Add.4") [#10765], [ID 973]

"62. Afghanistan’s judicial system does not seem to follow any uniform criminal legal system. The Law Ministry and the Attorney-General’s offices have recently distributed law books to the judiciary and public prosecutors in the entire country. It appears some courts are following traditional or customary law, while others follow different interpretations of Shariah law, without any form of consistency. There is uncertainty pertaining to a number of laws, including penal laws. The Chief Justice, a pious man of 72 years, had his own set ideas of justice. He did, however, clearly state that he was familiar with international human rights law and norms, and the Special Rapporteur was pleased to hear that, in his opinion, he found no inconsistencies between international human rights norms and Shariah."

Document(s): Open document
02464afgh.pdf

20.12.2002 - Source: Institute for War and Peace Reporting

Local commanders in some provinces are pressuring judges to imprison people on trumped-up charges ("Prison Probe Exposes Abuses") [#10181], [ID 979]

Document(s): Open document

13.08.2002 - Source: UN General Assembly

Detention without trial ("Situation of human rights in Afghanistan A/57/309") [#9762], [ID 980]

"Concerns have been expressed regarding continued detention of prisoners without trial, since the adjudication machinery does not yet function effectively. There is some concern about reports of women being detained for violating social codes. These reports need to be investigated by the Transitional Administration and also by the United Nations monitoring mechanisms, and prompt corrective action must be taken."

Document(s): Open document
02385afgh.pdf

04.08.2002 - Source: UN Assistance Mission in Afghanistan

UNAMA: Weak judicial mechanism in Mazar-i-Sharif ("UNAMA Mazar: Mazar Area Weekly Integrated Report 26th July-4th August 2002") [#8309], [ID 759]

"The weak security management of Mazar city (Police and Security Departments) continues to be a concern for civilians as well as for the large presence of assistance community. This problem is compounded by the unresolved inter-factional conflicts in many areas of the region that threaten to further destabilize the fragile security of the city. Absence of effective and impartial judicial mechanisms within the military structure (Mahqakam-e-Nizami/military counts) as well as civilian judicial structure means that many of the criminal cases later (may) develop into a factional conflict and often a military confrontation."

Document(s): Open document
Archive

04.08.2002 - Source: UN Assistance Mission in Afghanistan

UNAMA: Weak judicial mechanism in Mazar-i-Sharif ("UNAMA Mazar: Mazar Area Weekly Integrated Report 26th July-4th August 2002") [#8309], [ID 976]

"The weak security management of Mazar city (Police and Security Departments) continues to be a concern for civilians as well as for the large presence of assistance community. This problem is compounded by the unresolved inter-factional conflicts in many areas of the region that threaten to further destabilize the fragile security of the city. Absence of effective and impartial judicial mechanisms within the military structure (Mahqakam-e-Nizami/military counts) as well as civilian judicial structure means that many of the criminal cases later (may) develop into a factional conflict and often a military confrontation."

Document(s): Open document
Archive

30.07.2002 - Source: Washington Post

Washington Post: New legal system declared fairer than the law under the Taliban, but many judges favor continuing with Islamic law, or Shariah ("Afghanistan Struggles With Reforms") [#8047], [ID 758]

Document(s): Open document

30.07.2002 - Source: Washington Post

Washington Post: New legal system declared fairer than the law under the Taliban, but many judges favor continuing with Islamic law, or Shariah ("Afghanistan Struggles With Reforms") [#8047], [ID 975]

Document(s): Open document

19.12.2001 - Source: Radio Free Europe/Radio Liberty

Appointment of more moderate judges ("Afghanistan: More Moderate System Of Islamic Law To Return") [#28973], [ID 978]

"One of the most striking features of the Taliban's rule in Afghanistan was the militia's harsh interpretation of Islamic law. That interpretation saw criminals routinely punished by amputation and execution, with the sentences carried out in front of crowds forced to attend. With a new Afghan interim administration due to take office on 22 December, legal experts in Kabul say the country will now return to a more moderate interpretation of its religious-based laws. One of the first tasks of Afghanistan's new interim administration after it assumes power this Saturday will be to rehabilitate the country's judicial system after the excesses of the Taliban regime. The new administration will have to formally reappoint many of the judges the Taliban fired from their posts after taking Kabul in 1996. At the same time, the interim government -- which will run for six months -- is expected to review the lists of currently serving judges in the country, to weed out any who retained their jobs under the Taliban at the price of excessively close cooperation with the militia and whose future performance now may be questionable. Legal experts here expect the result of this process will be to return Afghanistan to the more moderate system of Islamic law that was prevalent before the Taliban era. That era saw the fundamentalist militia impose its own harsh interpretation of Koran-based law, or Shariat, upon the country, including the routine use of public amputations and executions to punish criminals."

Document(s): Open document

11.12.2001 - Source: US Institute of Peace

United States Institutes for Peace: Legal education; judicial personnel ("Rebuilding Afghanistan: A Framework for Establishing Security and the Rule of Law") [#28967], [ID 761]

"By limiting efforts to reconstitute the formal legal system to the major cities, personnel requirements will be much more manageable. Although rapid staffing of the legal system in key cities will be a significant undertaking, it is probably an achievable one. A large number of judges, lawyers, prosecutors, and professors are currently in Pakistan or elsewhere and are said to be willing to return. One Afghan lawyers association in Pakistan is reported to have some 250 members, for example. In order to do so, however, they would need stability and peace in Afghanistan, so that local warlords could not threaten and coerce them, as well as reasonable salaries. (Salaries may also need to take into account the requirements of those supporting families remaining in Western countries.) A ‘ready roster’ therefore should be prepared of Afghans in the diaspora who would be willing to return to work within, and be employed by, an Afghan multi-party government. A database of all such individuals, their professional training and experience should be compiled immediately. Advertisements and announcements in relevant countries of the diaspora should provide qualified individuals with relevant contact information for inclusion in the database. These returning Afghans should not be made employees of the UN; rather, the UN or the international community should play a supporting role to ensure that the necessary conditions exist to enable them to come back and carry out their functions, including providing funding to bolster any salaries as needed. Under Afghan law, the appointment of judges is assigned to the head of the country, who in turn may delegate this function to the Minister of Justice. The process of recruitment and selection should be assisted by the Technical Commission, described below."

Document(s): Open document

11.12.2001 - Source:

United States Institutes for Peace: Legal education; judicial personnel ("11/12/2001 - United States Institute of Peace: Rebuilding Afghanistan: A Framework for Establishing Security and the Rule of Law") [ID 977]

"By limiting efforts to reconstitute the formal legal system to the major cities, personnel requirements will be much more manageable. Although rapid staffing of the legal system in key cities will be a significant undertaking, it is probably an achievable one. A large number of judges, lawyers, prosecutors, and professors are currently in Pakistan or elsewhere and are said to be willing to return. One Afghan lawyers association in Pakistan is reported to have some 250 members, for example. In order to do so, however, they would need stability and peace in Afghanistan, so that local warlords could not threaten and coerce them, as well as reasonable salaries. (Salaries may also need to take into account the requirements of those supporting families remaining in Western countries.) A ‘ready roster’ therefore should be prepared of Afghans in the diaspora who would be willing to return to work within, and be employed by, an Afghan multi-party government. A database of all such individuals, their professional training and experience should be compiled immediately. Advertisements and announcements in relevant countries of the diaspora should provide qualified individuals with relevant contact information for inclusion in the database. These returning Afghans should not be made employees of the UN; rather, the UN or the international community should play a supporting role to ensure that the necessary conditions exist to enable them to come back and carry out their functions, including providing funding to bolster any salaries as needed. Under Afghan law, the appointment of judges is assigned to the head of the country, who in turn may delegate this function to the Minister of Justice. The process of recruitment and selection should be assisted by the Technical Commission, described below."

Document(s): 11/12/2001 - United States Institute of Peace: Rebuilding Afghanistan: A Framework for Establishing Security and the Rule of Law