Administration Development... A). Meetings.... His Excellency Chief Justice Met with Deputy Special Envoy of UN Secretary General to Afghanistan.... His Excellency Chief Justice of Islamic Republic of Afghanistan Met with the First Secretary of Australian Embassy in Kabul.... His Excellency Chief Justice Met with Female Senators, and Deputy Minister and Head of Huqooq Department of Ministry of Women s Affairs... B). Meetings of the High Council of the Supreme Court... C) Summary of the Reports on activities of the Courts presented to High Council of the Judiciary.... Report about the Performances of Appellate Courts of Balkh, Jawzjan, Samangan, Sar-e-Pul and Faryab Provinces.... Report on Activities of Konduz, Baghlan, Takhar, Badakhshan, Herat, Badghis, Ghor, Farah, Nemroz and Bamyan Appellate Courts.... Activity Reports of Herat, Badghis, Ghor, Farah, Nemroz and Bamyan Appellate Courts... D) Report about the Coordination Meetings of the Judicial Organs... Anti- Corruption... A) Judicial Activities of Kabul Anti- Corruption Primary Tribunal... ) Report.... Summary of the Verdicts issued by Kabul Anti- Corruption Primary Tribunal B) Judicial Performances of Kabul Anti-corruption Appellate Tribunal... ) Report.... Summary of verdicts issued by Kabul anti-corruption appellate Tribunal C) Judicial performances of Nengarhar Anti-corruption Primary Tribunal... ) Report.... Summary of the verdicts from Nangarhar province Anti Corruption Primary Tribunal... D) Judicial Activities of Nangarhar Anti Corruption Appellate Tribunal... Report:... Summary of verdicts issued by Nangarhar Anti Corruption Appellate Tribunal... Counter Narcotics... A) Judicial Activities of Counter Narcotics and Intoxicants Primary Tribunal of Kabul Province... ) Report:.... Summary of the verdicts issued by the Counter Narcotics and Intoxicants Primary Tribunal of Kabul province... B). Judicial Activities of Counter Narcotics and Intoxicants Appellate Tribunal of Kabul province.... Report:.... Summary of verdicts issued by Kabul Counter Narcotics and Intoxicants Appellate Tribunal... News and Events... A
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Administration Development A). Meetings. His Excellency Chief Justice Met with Deputy Special Envoy of UN Secretary General to Afghanistan On December,, His Excellency Chief Justice and Acting Head of the Supreme Court of the Islamic Republic of Afghanistan Abdul Salam Azimi held a meeting with Mr. Mark Bowden Deputy Special Envoy of United Nations Secretary General to Afghanistan and coordinator of United Nations Humanitarian Assistance for Afghanistan.
It this meeting which was focused on exchanging views over a variety of topics, initially His Excellency Chief Justice talked about capacity building, transparency and work pace as well as anti corruption activities within the Afghan Judiciary, and cast light on the initiatives of the formal justice sector along the lines of addressing basic needs of courts for the purpose of offering more competent judicial services and facilitating public access to justice. Moreover, His Excellency Chief Justice explained the preparedness of the judicial branch to activate district courts in insecure districts of the country through recruiting and assigning new judges, and also touched upon the national priority programs of the judiciary adding that like other branches of the state, the judicial branch also fully supports the full transition of national responsibilities to Afghan state entities and that it is fully ready to take decisive steps to ensure rule of law and justice proportionate to the prevailing circumstances. Needless to say, coordination with other law enforcement and judicial bodies as well as national and international organizations especially the UNAMA rule of law stabilization office in Kabul will be of paramount importance. Later on, Mr. Mark Bowden Deputy Special Envoy of United Nations Secretary General to Afghanistan and coordinator of United Nations Humanitarian Assistance for Afghanistan asserted that UN will remain committed to supporting Afghan government and its governance system and will serve as a coordinating agency with the state entities including the judiciary to support their stride towards security, rule of law and peace. Hence, Afghan Judiciary will continue to benefit from its support in post through aid coordination committee. Noteworthy is that Dr. Abdul Malik Kamawi member of the Supreme Court and Dr. Abdullah Atayee general administration director of the judiciary also attended this meeting.
. His Excellency Chief Justice of Islamic Republic of Afghanistan Met with the First Secretary of Australian Embassy in Kabul At the beginning of the meeting, His Excellency Chief Justice Abdul Salam Azimi reflected on the historical and friendly ties between the two countries and the support Australia has extended to the political system of Afghanistan and considered the role of Australia in reconstruction of Afghanistan and supporting its government the most positive element of the mentioned mutual ties. His Excellency Chief Justice also briefed the first secretary on the overall situation of the Afghan Judiciary stressing that the Afghan Judiciary has now become more law oriented and stronger than any era in the past and thus works tirelessly to provide better judicial services to its people. The senior management of the Supreme Court has taken multiple measures for professional capacity building and competencies of its human resource, as it has had remarkable achievements in resolving technical, equipment and transportation issues while also marking positive results in acceleration of administrative processes, transparency, serous anti corruption
campaign and ensuring security of judges and courts in the meantime. He wished that judicial cooperation between the two countries be expanded and exposure visits for Afghan judges be facilitated so they can exchange judicial experiences with their Australian peers. Subsequently, First Secretary of Australian Embassy Ms. McDonalds thanked His Excellency Chief Justice for being available for the meeting and added that undoubtedly Afghanistan and Australia have had historical relations and that the Australian government supports the Afghan political system and closely monitors the progress of the Afghan Judiciary in ensuring rule of law and better justice in the country. Australia understands today Afghanistan as an independent country has effective legal entities which gives the hope that it will be able to survive in its political life as an independent country after the transition process in all sectors is completed. Australia will continue to support the Afghan government and continuation of support to judicial branch with the aim of capacity building of this branch will remain in the forefront of its priorities. This meeting was also attended by member of the Supreme Court Dr. Abdul Malik Kamawi and general administration director of the judiciary Dr. Abdullah Atayee.. His Excellency Chief Justice Met with Female Senators, and Deputy Minister and Head of Huqooq Department of Ministry of Women s Affairs At the beginning, one of the female senators thanked His Excellency Chief Justice for his time. Subsequently, they discussed different issues including their concerns about women s rights. Later on, His Excellency Chief Justice providing explanations over the issues raised and considered predominant and tangible the role and activities of women in all the three branches of the state as well as within the civil society. He also pointed out the work of more than female judges.
Within Afghan Judiciary and appreciated them for their hard and sincere work. After listening to the issues raised by the delegation, His Excellency Chief Justice responded to a request from Ministry of Women s Affairs on establishing specialized tribunals on domestic violence, by explaining that at the moment family and civil courts exist and are operational in Kabul and provinces while the criminal courts also play their role by adjudicating the criminal aspects of the cases of violence which are largely based on victims complaints, and that the law on elimination of all kinds of violence against women is being implemented with the same pace and accuracy as with other laws. Furthermore, the courts and deeds administrations register marriages issuing marriage certificates in national languages of the country. Regarding conformity of other laws with the constitution, His Excellency Chief Justice asserted that while ensuring consistency between Afghan Constitution and other Afghan laws is one of the authorities of the Supreme Court, the Supreme Court cannot comment on draft laws including the law on elimination of violence against women, before they are approved and endorsed. Also, regarding the issue raised by Ministry of Women s affair in relation to lack of implementation of the final verdict of court with regards to Bagh e Zanana land dispute, His Excellency
Chief Justice explained that implementing the final verdicts of courts is the responsibility of the executive branch and if implementation of the verdict of court is challenged without legal reasons, the concerned judicial entities can request for forced implementation of the court verdict. In addition, His Excellency Chief Justice provided optimum explanations with regards to the requests of the women s rights advocates on formal and legal marriage age of girls and the definition of running away from home in accordance with the prevailing laws and Sharia provisions. This meeting was also attended by member of the Supreme Court Dr. Abdul Malik Kamawi and general administration director of the judiciary Dr. Abdullah Atayee. B). Meetings of the High Council of the Supreme Court From January through, the High Council of the Supreme Court held several meetings to address a variety of judicial and administrative issues and adopt the necessary decisions. A summary of these meetings is provided below: Meeting Dated January st, In this meeting, the High Council decided considering the request by Supreme Court of Pakistan that general administration of Afghan judiciary and head of research and studies department travel to Pakistan to discuss formulating a training curriculum for Afghan judges who study in Judicial Academy of Pakistan and also try and finalize the judicial MoU as agreed between the chief justices of both countries. Later on, the accusation leveled against a judge of primary court of Imam Sahib District of Kunduz Province was addressed in presence of the concerned judge and it was decided that he should attend the next meeting of the High Council together with his opposite party so that all facts regarding the case are adequately explored.
Moreover, in order to address the criminal case backlog in Nimroz Province, the Judicial Inspection Department was assigned to send four judicial inspectors to that province to give a hand to the head of appellate court of that province to expedite handling of the mentioned cases in both primary and appellate phases. Furthermore, the directorate of military appellate court was assigned that when its delegation which is currently in Hirat Province are done with Hirat, send them to Helmand Province in order to assist with handling of criminal cases of military personnel in appellate phase. Additionally, some requests for guidance were also addressed. Accordingly, regarding the request for guidance from Office of Administrative Affairs and Council of Ministers Secretariat on application of the provisions of Afghan criminal laws on the convicts who have been extradited to Afghanistan based on an agreement between Afghanistan and Tajikistan, it was clarified that article of the same agreement reads: The final verdict of the court which prescribes the punishment of deprivation from freedom and which has been issued based on the laws of the country in which the trial has been held, shall be enforceable. Thus the verdicts issued by Tajikistan court are valid and such cases cannot be argued based on Afghan laws; however, the decrees of the President of Islamic Republic of Afghanistan on forgiving or alleviation of penalties for these convicts shall be binding.
Moving on, the meeting addressed the request for guidance submitted by Kabul Appellate Court on how marriage certificate can be issued to an Afghan citizen who has married a Muslim foreign girl and has an unofficial marriage certificate in hand but has brought his wife to Afghanistan without formal documents. The High Council advised that documents and deeds registration directorates should act in accordance with law which require, among other things, identity cards for Afghan nationals and residence permit for foreign nationals in Afghanistan. Therefore, articles and of the law on citizenship and article of the guidelines on issuing of marriage certificate apply. Meetings Dated and January, Among the cases handled in this meeting was the accusation of bribes taking against Nehal Ahmad former member of civil and public rights division of Samangan primary urban court. After presentation of the indictment by prosecutor and defense statement by the accused, the panel convicted Nehal Ahmad and sentenced him to one year custodial imprisonment, separation from judicial profession and refunding the money taken in bribes and cash fine equivalent to the amount taken in bribes, based on Article ( ) of criminal procedure code, Article of penal code and Article of the latter. Later on, a number of violations and cases of dereliction of
duty in documents and deeds registration unit of Balkh primary and appellate courts, where in the first case orders were issued for distinction and identification of violations that need to be punished through disciplinary actions and those requiring trial, while regarding the second case disciplinary action was prescribed for judges of Balk primary and appellate courts including the head of the court. Furthermore, during this meeting the request for guidance submitted by Attorney General s Office was addressed. The question raised by Attorney General s Office was whether the verdict issued by public security division of the Supreme Court in light of Article ( ) of the law on supervision of the implementation of anti-corruption strategy regarding an embezzlement case is of a suspension or a custodial nature. The High Council responded that the mentioned verdict is of a custodial nature as suspension is not applicable to administrative corruption related crimes. C) Summary of the Reports on activities of the Courts presented to High Council of the Judiciary The SC high council in its extraordinary meetings dated, and /, heard the reports regarding the activities of appellate courts of the provinces. The meetings were presided over by His Excellency Prof. Abdul Salam Azimi, the chief justice of Islamic Republic of Afghanistan. The reports are as below:. Report about the Performances of Appellate Courts of Balkh, Jawzjan, Samangan, Sar-e-Pul and Faryab Provinces In this meeting first, the heads of courts presented their detailed performance reports and answered questions asked by the members of the SC high council. After that, His Excellency the chief justice in his address to heads of the courts said:
Fortunately, the Supreme Court through receiving reports has provided the opportunity to closely hear about the activities of courts and know about their challenges and achievements. As it is clear from the reports presented here, the judicial and administrative affairs of the courts are done in a better way now and it shows that most of the cases are handled on time. However, this is not enough and in order to establish a sound and transparent system, the existence of honest, responsible and committed judges is required. The heads of appellate courts are obliged to help the leadership of the Supreme Court in this regard. The facts and challenges should be identified so that they are used to identify characters and prepare programs. His Excellency also added: Although the reports are good but we can trust them when the people confirm them therefore we should try to establish a clean and transparent system in order to help the people. The judges should realize the importance of being a judge, which is a job done by our prophet (PBUH) and should follow his behavior which has been praised by Allah in the Holy Quran. By doing this, we can win the hearts and trust of the people. His Excellency once again emphasized on the heads of the appellate courts that they should perform their duties without any delay and instructed that they should have better coordination with judicial and security organs. It is also worth mentioning that in this meeting, some members of the SC High Council talked about some gaps and
shortcomings of the courts in handling civil and criminal cases and the appropriate use of their budget and facilities.. Report on Activities of Konduz, Baghlan, Takhar, Badakhshan, Herat, Badghis, Ghor, Farah, Nemroz and Bamyan Appellate Courts In the meeting dated Jan,, heads of Konduz, Baghlan, and Takhaar and Badakhshan appellate courts presented their reports and gave more information based on the questions asked by the members of the SC high council. After that, His Excellency the chief justice said: The reports which were presented show that the activities of the courts, from the point of view of quantity, have increased but from the point of view of quality, there are some problems, such as problem in the implementation of the laws, which, to some extent, damages the performances of courts from the point of view of quantity and quality Heads of the appellate courts, as the representatives of the judiciary in the provinces, should not be satisfied with reports that they think are good, rather, they should understand that Quran, Islam, the system and the law require them to have the same justice that caliphs and other companions of the prophet had. They should rely on the existence facts so based on that we can build the capacities and indentify positive and active judicial. Similarly, the chief justice has talked about important issues such as handling the complaints and views of the people, serious monitoring of the duties, consideration of the laws in
handling the cases, transparency in performing duties, identifying the elements of corruption and fight against it, establishment of a standard and useful administration, preservation of judicial prestige through maintaining independence and impartiality and implementation of the laws, guidance and approvals of the SC high council, which should be considered at all time. After that, Qazawatpoh Bahauddin Baha, member of the SC high council and head of the criminal division emphasized that heads of the courts should implement the laws without any delay and said that proper and honest judgment will keep the prestige of the judiciary. At the end, His Excellency the chief justice requested from the heads of the courts that they should strengthen the culture of oral reporting and implement this process in their subordinate courts.. Activity Reports of Herat, Badghis, Ghor, Farah, Nemroz and Bamyan Appellate Courts After listening to the reports presented by the heads of the above mentioned courts, the Chief Justice said: As I have emphasized during the other meetings, oral reporting is a good opportunity for understanding the achievements and realizing the challenges.
Improvements in activities of the courts, especially in Herat appellate court as the center of judicial zone considering the volume of cases, is understandable but in general, the adaptation of activities in all professional aspects in accordance with the requirements of time is very important because in spite of efforts, there are still problems in the realization of the judicial code of conducts. On the other hand, there are other challenges such as lack of handling the complaints and requests of the people on time, delay in solving the cases, corruption and lack of success in indentifying those who are involved in corruption are the factors which damage the prestige of the judiciary. The chief justice in this meeting said that heads of the courts as representatives of the judiciary are obliged to put transparency, better execution of duties, providing better access to justice and solving all the problems in their priority list and should act based on the guidance and instructions from the Supreme Court. D) Report about the Coordination Meetings of the Judicial Organs The coordination meetings of Parwan, Herat, Nemroz and Kapisa judicial organs were held from December to January. In these meetings, different administrative and legal issues came under discussion. Below is summary of the issues handled in these meetings:. Herat Province The coordination meeting of judicial organs was held on December under the chairmanship of Qazawatmand Saeed Abdul Ghafar Zubir, head of Herat appellate court which was also attended by heads of urban courts and divisions, justice directorate, prison, human rights and other heads and representatives of the concern organs. In this meeting, the following issues were discussed:
Coordination among the courts, prosecutor s office and police and appointing Legal Aid Providers for indigent suspects and accused. Coordination among the judicial organs and the missions that are appointed to address the land grabbing issues. The problem of lack of enough police officers in order to arrest the accused. After discussion and exchange of views, decisions have been made about all the above-mentioned issues.. Nemroz Province The coordination meeting of Nemroz province was held on December,. In this meeting the issue of investigation which is done by NDS and preparation of indictment only by NDS s prosecutor office came under discussion which is against article of the constitution and approvals of the SC high council because investigation is the duty of the prosecutor office and if NDS does the preliminary investigation which is effective in detecting crime then there is no problem but the prosecutor office is obliged to carry on the investigation in the legitimate period.. Coordination Meeting in Bagram The coordination meeting of Bagram judicial organs of Bagram prison was held on January under the chairmanship of Qazawatpoh Muhammad Rahim Karimi, head of the appellate court Parwan province which was also participated by the representatives from NDS, head of the prosecutor office, representatives of defense lawyers, police representative, head of urban primary court, in charge of military section of the US marine force, representative of military police and in charge of the Bagram prison. At the beginning there was a review of the previous approvals in the
meetings. After that, the issue of weapons and ammunitions which have been seized by the coalition forces and they are currently in NDS compound came under discussion and it was approved that NDS, prosecutor s office and police should jointly work on this. In this meeting it was also decided that in terms of the stationary the Americans should help. It was also mentioned that the defense lawyers will be informed about the release of the accused through the prosecutor s office. The coordination meeting of the judicial organs of Zabul and Kapisa provinces was also held. In these meetings, it was discussed that the only way to overcome the challenges is to conduct coordination meetings. Assistance among the concern organs in order to maintain justice and speed up the activities were considered very important and according to the agenda the issues were discussed and decisions were made about them.
Anti- Corruption A) Judicial Activities of Kabul Anti- Corruption Primary Tribunal ) Report From, Kabul Anti-Corruption Primary Tribunal has handled corruption related cases and tried persons on charges of embezzlement of public properties, misuse of official authority, bribery, and forgery of document. From the above mentioned number of the accused persons, of them were acquitted while the remaining convicted and sentenced to the following punishments: persons sentenced to imprisonment between month to year; persons sentenced to imprisonment between to years; Also those who were sentenced to imprisonment for embezzlement and taking bribe, besides returning the embezzled goods and amount taken as bribe were also sentenced to cash fines equal to the amount embezzled and taken as bribe.
USD. The total value of the cash fines amounts to ( ) Table ( ): Judicial Activities of Kabul Anti-Corruption Primary Tribunal No Case Type No. of Cases No. of accused Male No. of Acquittals No. of Convicts Male Judicial Decision No. of Custodial Imprisonment M to Year - Year Total Cash Fine in USD Misuse of Official Authority Embezzlement $ Bribery $ Forgery Total $ Table ( ): Cases rejected by judicial ruling and referred to the concerned authority for completion of the investigation Cases rejected by judicial ruling and referred to the concerned authority for completion of investigation No Case Type Embezzlement Bribery Total No. of Cases No. of Accused Investigation Gap Reason of Judicial Ruling Deficiency Flawed Official Process Concerned Authority Prosecution Prosecution. Summary of the Verdicts issued by Kabul Anti- Corruption Primary Tribunal Verdict Dated: / Conviction of officers of Appellate Prosecution Office of the center on charge of taking $ as a bribe
The assistant of a private company reported to the National Security Department that the head of public security appellate prosecution office of the center has called him to his office and assume as they have received a letter from National Security Department showing that his company is involved to defrauding activities through distributing silver cards the holder of which can get discount from contracted superstore of the company, and this caused billion lose to the government revenues. He asked $ as bribe from him by mediation of one of his staff for suspension of the case. On, the prosecutor who was mediator between the head of prosecution office and the assistant of that company arrested red handed when he was receiving $ by a joint team of attorney general office, criminal investigation department of general police head quarter of Kabul, and directorate of national security office. After completion of the investigation, the case was referred to Kabul Anti-Corruption Primary Tribunal, and the tribunal handled the case in its session dated, found the accused persons guilty of $ bribe taking, and based on articles and paragraph & of article, and paragraph of article, and paragraph of article of the penal code sentenced each of them to years custodial imprisonment and to $ cash fine equivalent to the bribed amount Verdict Dated: Embezzlement and counterfeiting of financial officer of (CNFA) office AFN by A house located in Karte of Kabul province owned by a resident of Kabul was rented by CNFA office from to. According to the contract signed by both parties, the said office was obliged to pay the rent tax. The owner of the house and general department of inspection received information from de Afghanistan bank branch that two receipt of tax payment totally AFN were forged, and not paid
to De Afghanistan Bank. The general department of inspection began their inquiry, and CNFA office reported that according to their documents the said amount approved by their director and paid by their finance officer to De Afghanistan Bank last year, but indeed he has not paid it to the bank. The finance director was arrested on charge of forgery of document and embezzlement and was referred to the prosecution office. After completion of the investigation, the case was referred to Kabul Anti-Corruption Primary Tribunal, and the tribunal handled the case in its session dated, found the accused guilty forgery and embezzlement, and based on clause, paragraph of articles of the penal code, sentenced him to year and month custodial imprisonment on charge of forgery, and based on articles and and paragraph of article of the penal code sentenced him to years and months custodial imprisonment and return of $ and cash fine equivalent to the embezzlement amount on charge of embezzlement of AFN. Finally, based on the provisions of article of penal code, the court approved years and months custodial imprisonment, the severest punishment, for him. B) Judicial Performances of Kabul Anti-corruption Appellate Tribunal ) Report From to, Kabul Anti-corruption Appellate Tribunal has handled a total of corruption related cases and tried ( ) individuals on charge of misuse of official authority, embezzlement, bribery, counterfeit,
exceed of official authority, and treason. The accused were convicted and sentenced to the following punishments: USD. persons imprisoned for months to year; persons imprisoned for to years; persons imprisoned for to years; persons sentenced only to cash fines; The total value of the cash fines amounts to ( ) Table ( ): Judicial Performances of Kabul Anti-corruption Appellate Tribunal No Type of the case No. of cases No. of Accused Male Female No. of Acquittals No. of Convicts Male Female Judicial Decision No. of Imprisonments monthsyear - years - years Total Cash amount of fines cash fines in USD Misuse of official authority Embezzlement Bribery Forgery Misuse of official authority Treason Total $
Table ( ): Cases rejected by judicial ruling and referred to the concerned authority for completion of investigation No Type of the Case Misuse of official authority Embezzlement Bribery Counterfeit Concealment of crime Total No. of cases No. of the accused Reason for judicial ruling Investigation Lack of flaws authority Authority Prosecutor s Officer Prosecutor s Officer Prosecutor s Officer Prosecutor s Officer Prosecutor s Officer. Summary of verdicts issued by Kabul anticorruption appellate Tribunal Verdict dated Conviction of four officials of Afghan United Bank (AUB) and two officials of Kunduz Accounting Department for embezzlement of USD and Euro Based on the notification of an official of Afghan United Bank of Kunduz city to the Security Commandership of the province claiming that on / - a cashier of the mentioned bank has withdrawn amount of USD from the bank and then he has escaped. Consequently on the said cashier was arrested by the security officials in directions of Khinjan district. During the investigation period the accused confessed that the withdrawing of money from the bank was planned by him and some other officials of the bank, who are also arrested. After completion of investigation the case was referred to Kabul Anti-corruption Primary Tribunal and handled in its
judicial session dated, based on articles,, and ( ) of Penal Code and considering article of this law, the jury convicted one of the accused to eight years custodial imprisonment beginning from the date of detention and refunding of USD and Euro as well as cash fine equivalent to the embezzled amount. The another two accused each of them were sentenced to one year custodial imprisonment beginning from the date of detention based on article ( ) of Penal Code. Another female accused was sentenced to one year and one month custodial imprisonment for illegal possession of USD. Regarding another accused whose age was specified between and by the Forensic Medicine examinations, in line with the law provisions, the Juvenile Court was authorized to handle his case. Since the parties were not satisfied with the decision, the case was referred to Kabul Anti- corruption Appellate Tribunal and handled in its judicial session dated, based on article ( ) of the Law on Organization and Jurisdiction of the Courts the decision of primary court was amended and based on article, and article ( ) of Penal Code and considering provisions of article of this law, one of the accused was sentenced to five years custodial imprisonment and refunding of USD and Euro as well as to cash fine equivalent to the embezzled amount; another two accused were convicted for concealment of crime and based on article ( ) of Penal Code each of them were sentenced to nine months custodial imprisonment beginning from the date of detention; another female accused was convicted for illegal possession of USD and based on article of Criminal Procedure Code and considering provisions of article ( ) of the mentioned law she was sentenced to six months custodial imprisonment beginning from the date of detention; and another two accused were acquitted due to of lack of the evidences based on article of Penal Code and article of Constitution.
Verdictdated Conviction of officials of Kabul for embezzlement of Afs Special Bulletin of the Supreme Court th Police Station The Military Prosecution Office oversees the food supply of the Kabul th Police Station and as result finds that on, kg lamb meat was transferred to the personnel of this station, out of which kg is lost, for this reason the persons engaged in this crime were arrested. After completion of investigation the case was referred to Kabul Anti-corruption Primary Tribunal and handled in its judicial session dated, the jury convicted the accused and based on articles ( ),, and of Penal Code and considering provisions of article sentenced them to five years and one month custodial imprisonment and refunding of Afs equivalent to the amount of kg embezzled meat. Since the accused were not satisfied with the decision, the case was referred to Kabul Anti-Corruption Appellate Tribunal and handled in its session dated. Based on article ( ) of the Law on Organization and Jurisdiction of the courts the decision of primary court was amended and based on provisions of articles ( ), and of Penal Code and considering article of this law, sentenced each of the accused to eight months custodial imprisonment and refunding of Afs as well cash fines equivalent to the embezzled amount. C) Judicial performances of Nengarhar Anticorruption Primary Tribunal ) Report From to Nengarhar Anti-corruption Primary Tribunal has handled ( ) corruption related cases. In connection with these cases ( ) individuals were tried on charge of: misuse of official authority, embezzlement, illegal
possession, and bribery, and were sentenced to the following punishments: persons imprisoned for months to year; persons imprisoned for to years; persons imprisoned for to years; persons sentenced only to cash fines The total value of the cash fines amounts to USD ( ) Table ( ): Judicial performances of Nengarhar Anti-corruption Primary Tribunal No Type of the case No. of cases No. of accused No. of convicts Judicial Decision monthsyear - years - years Cash fine Amount of the cash fine Misuse of official authority Embezzlement Embezzlement Bribery Illegal arms possession Embezzlement $ $ $ $ Misuse of official authority $ Embezzlement $ Misuse of official $ Total. Summary of the verdicts from Nangarhar province Anti Corruption Primary Tribunal Verdict dated: Conviction of two staff of National solidarity Council of the Rural and Development Ministry of Pacherragam district of Nangarhar province in the case of embezzlement of an amount of AFN ( ) $
Residents of Morgi village of Pacherragam district of Nangarhar province have submitted several petitions addressing to the Rural and development department, Barag organization and Anti corruption administrative about the staff who received AFN ( ) from the bank regarding developmental projects of the district. Out of the mentioned money an amount of AFN ( ) was embezzled by them. The matter was handled by the said administrative and as a result a number of the mentioned staff were referred in this connection. After completion of the investigation, the case was referred to Nangarhar Anti Corruption Primary Tribunal and the tribunal handled it in its session dated. As a result, the jury found the accused guilty and based on article ( and ) interim procedures code and based on article ( ) of the Penal code each of them was convicted to ( ) years and ( ) month custodial imprisonment beginning of detention date and based on article ( of the same law each of them was convicted to return the embezzled amount and cash fine equivalent to the embezzled amount. Verdict dated: Conviction of Tur Kham custom officer of Nangarhar province in the case of misuse of official authority and taking bribe An Afghan citizen while crossing Tur Kham border to Afghanistan was stopped by an officer of Tour kham custom of Nangahar province. After searching an amount of Rs ( ) was taken from him as bribe. Based on the victim complaint, the officer was arrested. After completion of the investigation, the case was referred to Nangarhar Anti Corruption Primary Tribunal which was handled it in the session dated. As a result, the jury approved the accused guilty and in the case of misuse of official authority based on paragraph ( ) article ( ) military law was convicted to ( ) years and ( ) months custodial imprisonment and in the case of bribe Rs. ( ) based on article ( ) Penal code
was convicted to ( ) years custodial imprisonment and return of the amount taken as bribe and to cash fine equal to the amount taken as bribe. So, according to article ( ) of the Penal code the jury approved ( ) years and ( ) months custodial imprisonment severest punishment for him. D) Judicial Activities of Nangarhar Anti Corruption Appellate Tribunal ) Report: From to, Nangarhar Anti Corruption Appellate Tribunal has handled ( ) corruption related cases and ( ) persons were tried and sentenced to the following punishment. person sentenced to - years imprisonment; persons sentenced to - years imprisonment; Also one person from the mentioned accused beside of custodial imprisonment was convicted to cash fine equal to embezzled amount. Table. ( ) Shows number of accused, convicted and kind of punishment No. Type of case Misuse of official authority No. of case No. of accused Male No. of convict s Male Judicial Decision Number of prisoners in custodial imprisonment years year and months Total amount of cash fine in USD Misuse of official authority Embezzlement $ Total: $
Summary of verdicts issued by Nangarhar Anti Corruption Appellate Tribunal Verdict dated: Conviction of a Police officer of Khugiyani district of Nangarhar province in the cases of embezzlement of AFN ( ) and misuse of official authority On, a police officer from the Khugiyani district of Nangarhar province while selling ( ) items of food stuff of the Police department to one of the Khugiyani district shops was arrested in this case. After completion of the investigation, the case was referred to Nangarhar Anti Corruption Primary Tribunal and the tribunal handled the case in its judicial session dated. As a result, the jury found the accused guilty and in the case of misuse of official authority based on paragraph ( ) article ( ) of the military law sentenced him to three years custodial imprisonment. Based on paragraph ( ) article ( ) of the Penal code with the consideration of the article ( ) of the same law, the accused in the case of embezzlement was convicted to three years custodial imprisonment beginning from the date of arrest s and based on article ( ) of the mentioned law to cash fine equivalent to the embezzled amount. Since the accused was not satisfied with the decision, the case was referred to Nangarhar Anti Corruption Appellate Tribunal, the tribunal handled it in its session dated, and based on clause ( ) article ( ) of the Law on organization and jurisdiction of the courts, approved the decision of the Anti Corruption Primary Tribunal regarding the case of misuse of official authority but the decision of the primary tribunal in the case of embezzlement was amended and based on article ( ) of the Penal code the accused was convicted to ( ) years and ( ) months custodial imprisonment beginning of the detention date and based on article ( ) of the same law the
accused was convicted to cash fine AFN ( ) equivalent to the embezzlement amount. Based on article ( ) of the Penal code the jury approved years and months custodial imprisonment severest one for him. Verdict dated: Conviction of a storekeeper in mechanical school of Nangarhar agriculture institute on charge of embezzlement AFN ( ) In, audit and control office of the Islamic republic of Afghanistan reviewed the financial performances of the mechanical school of the agriculture institute of Nangarhar province and as a result ( ) kg rice, ( ) kg sugar, ( ) kg beans, ( ) kg cooking oil, ( ) kg fire wood and ( ) kg milk priced AFN ( ) were embezzled by the mentioned storekeeper. In connection to this case one person was arrested. After completion of the investigation, the case was submitted to Nangarhar Anti Corruption Primary Tribunal and handled in its judicial session dated. As a result the jury approved the accused guilty and sentenced him to ( ) year and ( ) months custodial imprisonment and return of the embezzled materials and cash fine equal to the embezzled amount. Due to dissatisfaction of the assigned prosecutor, the case was referred to Nangarhar Anti Corruption Appellate Tribunal which was handled in its session dated. Based on paragraph ( ) article ( ) of the Law on organization and jurisdiction of the courts, the jury amended the decision of the Anti Corruption Primary Tribunal and based on article ( ) paragraph ( ) of the Penal code the accused was sentenced to ( ) years and ( ) months custodial imprisonment beginning of the detention date and based on article ( ) Penal code he was also convicted to cash fine equal to embezzled amount and return of the embezzled materials priced AFN ( ).
Counter Narcotics A) Judicial Activities of Counter Narcotics and Intoxicants Primary Tribunal of Kabul Province ) Report: From to, the Kabul Counter Narcotics and Intoxicants Primary Tribunal handled cases related to different type of narcotics and issued decision regarding them. In relation to these cases, a total of ( ) persons were tried on charges of drug trafficking and were sentenced to the following punishments. persons sentenced to imprisonment between to years; persons sentenced to imprisonment between to years; persons sentenced to imprisonment between to years; persons sentenced to imprisonment between to years; Total narcotic drugs which was confiscated and an order was issued for its destruction ( ) kg Table ( ) judicial performance of Counter Narcotics and Intoxicants Primary Tribunal of Kabul province No. Type of Substance Opium Heroin Hashish Alcoholic beverages Morphine Total No of cases Amount of Substance in Kg No. of Accused No of Acquittal No of Convicts Court Decisions No of custodial imprisonments - years - years - years - years
. Summary of the verdicts issued by the Counter Narcotics and Intoxicants Primary Tribunal of Kabul province Verdict dated: Sixteen years custodial imprisonment on charge of smuggling kg opium Based on a report from the Information and Intelligence Unit (IIU) regarding the smuggling of kg opium, official from the counter narcotic and intoxicant sub-directorate of Balkh province stopped a vehicle on Kabul Mazar highway on. After searching, an amount of kg opium was discovered. In connection to this case, three people were arrested. After completion of the investigation, the case was referred to Kabul Anti Corruption Primary Tribunal which was handled in its session dated. As a result, based on clause ( ) paragraph ( and ) article of the Counter Narcotics and Intoxicants Law and considering article ( ) of the mentioned law and with the consideration of article ( ) of the Counter Narcotics and Intoxicants Law, each of the accused was convicted to ( ) years custodial imprisonment beginning of the detention date. Also based on articles and of the Counter Narcotics and Intoxicants Law, an order was issued for confiscation of a vehicle which was carrying narcotic drug and four sets mobile and its SIM cards. Verdict dated: Twenty years custodial imprisonment on charge of smuggling (, ) Kg. morphine On, a vehicle which was carrying narcotics drugs from Nangarhar province to Nimruz province was stopped in the Puli-Charkhi area by the officials from the General Sup- Directorate of the Information and Intelligence (IIU). As a result of searching, (, ) Kg. morphine was found from the vehicle and in connection to this case two persons were arrested.
After the completion of investigation, the case was referred to Kabul Anti Corruption Primary Tribunal which was handled in its session dated. As a result, the jury approved the accused guilty and based on clause ( ) paragraph ( and ) article of the Counter Narcotics and Intoxicants Law with the consideration of approval number ( ) of the Supreme Court High Council each of them was convicted to ( ) years custodial imprisonment beginning of the detention date and based on article ( ) and ( ) of the same law, an order was also issued for vehicle which was carrying narcotics drugs, mobiles and its SIM cards which was found and AFN ( ) because of selling ( ) bags of wheat flour and ( ) bags of wheat flour which narcotics drugs had been hidden inside them. B). Judicial Activities of Counter Narcotics and Intoxicants Appellate Tribunal of Kabul province ). Report: From to, Kabul Counter narcotics and Intoxicants Appellate Tribunal has handled a total of ( ) cases related to narcotics and ( ) individuals were tried and were sentenced to the following punishments. person sentenced to - years imprisonment persons sentenced to - years imprisonment persons sentenced to - years imprisonment Total of ( ) kg narcotic substance were found and destroyed Table ( ) judicial performance statistics and the punishments issued by Kabul Counter Narcotics and Intoxicants Appellate Tribunal No. Type of substance Opium Heroin Hashish Morphine Alcoholic beverages Crystal Fermented raisin Total No of case Amount of substance in Kg No of Accused Court Decision Number of custodial No of imprisonments convicts year - - - months years years years
. Summary of verdicts issued by Kabul Counter Narcotics and Intoxicants Appellate Tribunal Verdict dated: Smuggling ( ) kg Opium and ( ) kg Heroin On, based on prior report, officials of Counter Narcotics Sub-Directorate of Helmand province stopped a Mazda vehicle in Khanshine district and during searching ( ) kg opium and ( ) kg heroin were found. In connection to the case driver of the vehicle was arrested. After completion of the investigation, the case was referred to Kabul Counter Narcotics and Intoxicants Primary Tribunal and the tribunal handled it in its session dated. As a result, the accused in the case of smuggling ( ) kg opium and ( ) kg heroin considering article ( ) Penal code was convicted to ( ) years custodial imprisonment. As the accused was not satisfied with the decision, the case was referred to Kabul Counter Narcotics and Intoxicants Appellate Tribunal which was handled in its session dated. Based on article ( ) of the Law on Organization and Jurisdiction of the Courts, the decision number ( ) dated of the Counter Narcotics and Intoxicants Primary Tribunal was rejected and the accused in the case of smuggling of ( ) kg heroin as a laboratory result( Calcium Sulfate) based on article ( ) of the Counter Narcotics and Intoxicants Law and considering article ( ) of the same law was convicted to ( ) years custodial imprisonment beginning from the date of arrest. For the transference and smuggling of ( ) kg opium as a laboratory result based on clause ( ) paragraph ( and ) article ( ) considering article ( ) of the Counter Narcotics and Intoxicant Law, the accused was convicted to ( ) years custodial imprisonment. Considering of article ( ) Penal code ( ) years custodial imprisonment of the opium punishment was approved for him. Also based on article ( ad ) of the mentioned law, an order was issued for confiscation of the vehicle which was carrying narcotics drug, one set mobile and its SIM card which was found and ( ) kg (Calcium Sulfate).
Verdict dated: Eighteen years imprisonment for smuggling ( Morphine ) kg Based on prior report, Police of Counter Narcotics and Intoxicants Sub-Directorate of Zabul province Police Head quarter discovered ( ) kg morphine from a vehicle. In connection to the case one person was arrest. After completion of the investigation, the case was referred to Kabul Counter Narcotics and Intoxicants Primary Tribunal which was handled in its session dated. As a result, the accused in the case of smuggling ( ) kg morphine based clause ( ) paragraph ( and ) article ( ) of Counter Narcotics Law, considering approval number ( ) dated of the Supreme Court High Council with consideration article ( ) of the mentioned law was convicted to ( ) years custodial imprisonment. Since the accused was not satisfied with the decision, the case was referred to Kabul Counter Narcotics and Intoxicants Appellate Tribunal the tribunal handled it in its session dated. As a result, according to paragraph ( ) article ( ) of the Law on Organization and Jurisdiction of the Courts, the decision of the Counter Narcotics and Intoxicant Primary Tribunal was approved and based on clause ( ) paragraph ( and ) article ( ) considering article ( ) of the Counter Narcotics Law beginning of the detention date the accused was convicted to ( ) years custodial imprisonment and based on articles ( and ) of the mentioned law, an order was issued for confiscation of the vehicle which was carrying narcotic drug and one set mobile including its SIM card.
News and Events On, a training program was conducted by American forces in line with manner of collecting documents and evidentiary materials of crimes such as tracing fingerprints and DNA from explosive materials before and after explosion and its importance in justice and judicial system. The training was held in Bagram judicial center, presented by responsible and expert in collection of documents and evidences in coalition forces, and attended by staff of justice and judicial organs. On, Qazawatpoh Alaj Mohammad Rahim Karimi, Head of Parwan Appellate Court, attended a seminar titled prevention of violence against women, and presented his speech regarding legal challenges and how to overcome these challenges and reason and causes of violence against women under the light of Sharia and law provisions. This seminar was held by Independent Human Rights Commission in conference room of Parwan province appellate court, attended by high officials of this province. On, a seminar was held in Herat Appellate Court, chaired by Mr. Abdul Ghafar, Head of Herat Appellate Court. In this seminar the participants spoke about high prestige of judiciary and obligation of the judges, and they called the judges to be more serious in enforcement of justice and prevention of digression of the people. Qazawatpoh Mohammad Zaman Sagari, Head of Counter Narcotics Primary Tribunal, and Qazawatpoh Mahroh Hamid, Head of Counter Narcotics Appellate Tribunal returned from a day workshop on leadership capacity building which was held in Dushanbe capital Tajikistan by financial support of England on.