Special Bulletin of the Supreme Courtsupremecourt.gov.af/Content/files/bulletin_20_english.pdf ·...

Special Bulletin of the Supreme Court

Administration Development and Reform

A). Meetings:...................................................................................................

) Meeting of His Excellency Chief Justice and Acting Head of the Supreme

Court of the Islamic Republic of Afghanistan Professor Abdul Salam Azimi with Stephen McFarland, Coordinating Director for Rule of Law and Law Enforcement ...................................................................................................

) The First Session on Formulation of Unified Penal Code ..........................

) His Excellency Pohaand Abdul Salam Azimi, Chief Justice and Acting

Head of the Supreme Court Returns Home After Participating in the Justice for all Conference ...........................................................................................

B). Summary of the Reports from the Meetings of the SC High Council. ......

Decisions taken in the meetings of the Supreme Court high council which were held under the chairmanship of His Excellency the chief justice ...........

C). Judicial and Administrative Activities Reports of State Courts ...............

. Activity Reports of Appellate Courts of West and Southwest Zone .........

. Activity Reports of Appellate Courts of South Zone .................................

. after hearing activity reports of the Appellate Courts of central zone, the current reporting process of courts is ended. ...............................................

Coordinating meeting on indicating role of social research staff of children delinquent .....................................................................................................

Anti Corruption

A). Judicial Activities of the Primary Court of Anti Corruption Kabul Province. ......................................................................................................................

. Report: ......................................................................................................

). Summary of the Verdicts from the Primary Court of Anti Corruption, Kabul Province. .......................................................................................................

B). Activity Report of Kabul Anti Corruption Appellate Tribunal ...................

. Report: ......................................................................................................

. Summary of Verdicts Issued by Kabul Anti Corruption Appellate Tribunal

Conviction of two employees of Control and Inspection Department of the Council of Ministries to two years imprisonment on charge of taking US$ as abribe .......................................................................................................

Counter Narcotics Activities

A) Judicial Activities of Kabul province Counter - Narcotics and Intoxicant Substances Primary Tribunal. ....................................................................

. Report: ......................................................................................................

. Summary of Verdicts Issued by Kabul province Counter- Narcotics and Intoxicants Primary Tribunal .........................................................................

B) Activity Report of Kabul Appellate Counter Narcotics and Intoxicants Court

. Sumary of verdicts issued by Kabul Counter Narcotics Primary Tribunal

News and Events


Administration Development and Reform

A). Meetings:

) Meeting of His Excellency Chief Justice and Acting Head of the Supreme Court of the Islamic Republic of Afghanistan Professor Abdul Salam Azimi with Stephen McFarland, Coordinating Director for Rule of Law and Law Enforcement

On , His Excellency Chief Justice and Acting Head of the Supreme Court of the Islamic Republic of Afghanistan Professor Abdul Salam Azimi held a meeting with Stephen McFarland, Coordinating Director for Rule of Law and Law Enforcement of U.S. Embassy. At the onset, Professor Azimi briefed Mr. McFarland on the accomplishments and achievements of the judiciary in regard to rule of law and serving judicial justice adding that courts now have a higher capacity in handling cases and ensuring justice in conformity with the principles of fair trial. Moreover, the Supreme Court undertakes an extensive supervision of the activities of courts through establishing an improved reporting mechanism. In addition, remarkable has been


made in implementing different programs in the areas including staff training, anticorruption, and ensuring security of courts. A good proof of this progress is the activity reports of courts which indicate that courts are demonstrating competence in discharge of their duties whether by holding open sessions or giving interviews to media outlets with the purpose of providing a transparent picture of the court proceedings and contributing to public awareness. Next, His Excellency Chief Justice mentioned lack of adequate work and residential facilities for judges in district courts as a concerning point. Appreciating the support of US government in rehabilitation and innovation of court facilities, His Excellency Chief Justice hoped for continuation of such support by rule of law section of US embassy towards programs and priorities of Afghan judiciary. In turn, the coordinating director of rule of law and law enforcement of the US embassy in Kabul Mr. McFarland explained the multiple functions of rule of law and law enforcement section of US embassy in Kabul, adding that he was glad that Afghan judicial entities now are capable of meeting the legal and judicial requirements of their society. However, the US government will not spare any support to further increase the capacity of the Afghan judiciary, he added.

) The First Session on Formulation of Unified Penal Code

Pursuant to Presidential decree on formulation of a Unified Penal Code of Afghanistan, a meeting chaired by Professor Abdul Salam Azimi was held at the Supreme Court on . The meeting was attended by Justice Minister, Attorney General, Head of Afghanistan Independent Human Rights Commission, Presidential Advisor Mohammad Ashraf Rasooli, General Administration Director of the Judiciary, Deputy Justice Minister/ professional, Chairman of Afghanistan Independent Bar Association, Advisor to National


Directorate of Security, and representatives of international organizations involved in law modification. His Excellency Chief Justice opened the meeting with the following words: A list of penal codes has been submitted to the President by Ministry of Justice. The list is exhausted with numerous laws most of which have undergone additions and omissions due to the political considerations of different regimes, and some of these laws are even contradict each other. Given the new criminal phenomena that are not covered by our penal laws, we need to review our current penal code. This effort, as a process, requires experts, budget, taskforce and consistent work to merge the penal chapters of bylaws with chapters of the penal code in a professional way, thereby addressing the challenges facing judicial organs in terms of additions, omissions, amendments, repetitions and contradictions in laws by introducing a unified penal code. Later on, Justice Minister Habibullah Ghalib addressed the meeting stating that; overall, the laws pertinent to freedom of individuals have undergone many changes. Currently, there are around

specialized laws beside the penal code all of which have penal chapters which need to be reviewed according to the spirit of the penal code and where they provide for punishments that do not exist in the penal code; such punishments need to be organized in a separate chapter. Also, punishments of the new crimes should also be included in the law so that a comprehensive penal code is developed. This will also help judicial entities get rid of the confusion resulting from multiple penal instruments. Subsequently, the deputy justice minister linked the project on reviewing laws to the commitments made in London Conference titled Rule of Law and Justice for All. He added that a law revision group comprised of authoritative representatives of judicial organs is already in place. The new draft of the criminal procedure code is an outstanding achievement of the work of this group. Given the experience of the mentioned group, it can also start reviewing the penal codes as well. Afterwards, the Attorney General, the Presidential Advisor, Head of Crime Investigation Department of Ministry of Interior and


representatives of international organizations expressed their views on the subject matter. At the end, His Excellency Chief Justice stated in his closing remarks that since the secretarial authority of this project lies with the Ministry of Justice, all judicial organs can introduce their representatives to the mentioned ministry for the purpose of formation of the working group so that with the help of the judicial entities we can achieve this goal.

) His Excellency Pohaand Abdul Salam Azimi, Chief Justice and Acting Head of the Supreme Court Returns Home After Participating in the Justice for all Conference

Based on the invitation of His Excellency Eftekhar Muhammad Johdery, the chief justice of Pakistan, His Excellency Pohaand Abdul Salam Azimi, the chief justice and acting head of the Supreme Court went to Islamabad to participate in the regional conference under the name of Justice for All . Different issues such as terrorism, money laundering, child trafficking, gender, international arbitration and training for judges have come under discussion in eight separate committees. Afghanistan was member of the second committee, the topic of which was terrorism and money laundering. Afghanistan clarified its views and gave information about the activities done on the government and judiciary level in this regard which was very interesting for the participants. In his closing remarks, the chief justice of Pakistan thanked Afghanistan for its active and effective participation in the conference. After the conference, the chief justice had a separate meeting with his Pakistani counterparts in his office. In this meeting the issues of mutual interest and progress during the last five years especially training of judges and strengthening the judicial spirit of judges came


under discussion. The Pakistani chief justice has said that the Supreme Court of Pakistan is ready to provide assistance in training of judges in the Academy of Judicial Sciences and accept any suggestions from the Supreme Court of Afghanistan. The chief justice of Afghanistan has accepted his offer and agreed that this should be processed through the Afghan Embassy in Islamabad. The chief justice thanked him for the warm hospitality provided by the Pakistan judiciary to the Afghan delegation during the conference. At the sidelines of the conference His Excellency Hujat-ul-Islam Wal Muslimeen Muhammad Ibrahim Raesee, deputy head of the judiciary Islamic Republic of Iran met the chief justice and discussed issues of mutual interest such as narcotics and prisoners. The chief justice was invited to visit Tehran on an appropriate time to discuss these important issues which was accepted by the chief justice. Also in the sidelines of the conference deputy head of the Turkish judiciary in his meeting with the chief justice discussed the signing of the judicial cooperation protocol between the two countries and invited him to visit Ankara in order to sign this document and also participate in the th anniversary of the establishment of the Turkish judiciary which was accepted by His Excellency.

B). Summary of the Reports from the Meetings of the SC High Council.

Decisions taken in the meetings of the Supreme Court high council which were held under the chairmanship of His Excellency the chief justice

Meeting Dated / /

First Mr. Zamin Ali Behsoody, member of the Supreme Court has presented his report about his trip to Pakistan to participate in the regional conference of the South Asian countries on environment. In this conference which was attended by the chief justices, lawyers, scholars and intellectuals of the countries in the region, the issue of a legal mechanism for implementation of the regional laws in order to


protect the environment was discussed and decisions have been taken. The high council considered the inspection reports and specialized views regarding the performances of some of the courts during the year and keeping in mind the reports, the council also expressed satisfaction on the method of judicial and administrative procedures of the primary court of th district Kabul city and accepted that the personnel of this court should be rewarded. Upon the assessment of the reports presented regarding the performance of the appellate court of Khost province, salary deduction from

to

days was suggested to previous head of the appellate court and also to judges of the same court. Similarly regarding the issue of disrespect of a judge from the civil division of the appellate court Faryaab province, the concern court was advised to take decision based on the reports. After that the Supreme Court s high council considered some of the requests for guidance received from the judicial organs and instructions have been given as follow: Regarding the request for guidance of the directorate of appellate court Herat province related to a judicial ruling issued from the Kabul primary commercial court which was issued outside the jurisdiction of the court and also in regard to the selling of a debtor s property, it was instructed that the appellate court of Kabul province nullify the ruling and refer the case to the primary commercial court of Herat province. Similarly in regard to the request for guidance of the Institute of legislation and Legal Research of the Ministry of Justice about the salary of those employees who are detained and then sentenced to cash fine by the order of the court, it was explained that the cash fine does not mean acquittal and these employees will not be entitled to receive their salaries while they are detained.


Considering the request for guidance of the appellate court Herat province in regard to the debt of Gulabudin Shir Zay from the Pushtany Bank which was not paid by him and due to that there is a ban on selling of all his properties but his representative sold one of his properties it was clarified that selling of mortgage prior to the consent of mortgagee is not permitted and if the property sold is under mortgage, the objection in this regard can be raised through the related court. In regard to another request for guidance of this court about the claim of individuals related to the land grabbing in Pustoon Pul area of Herat province by Pukhta company in which the government also has share, it was clarified that the original claim is civil therefore handling of the case is the authority of the public rights division. Similarly regarding the accuracy and lack of accuracy of property documents about which the civil division of nd district Kabul city wanted instructions, it was clarified that such property documents which are in green color were distributed in accordance with article

of land law of the time has the official deed and registration number and can come under legal procedures. Beside this in the meeting of the high council two requests for review and

requests for change of court in civil and criminal issues which were forwarded by the attorney general s office and parties to acclaim were also handled and necessary decisions have been taken.

Meeting dated

In reaction to the press conference held by the Executive Director of Human Rights Watch about house escape of women and arresting as well as punishing perpetrators of such cases, the High Council strictly refused their statement on this issue. As the Executive Director had met the Chief Justice and Acting Head of the Supreme Court prior to publishing the report, as a result of argument the Executive Director


of the organization had concurred with the Chief Justice that there are strong observations regarding the basis of the report which is to be reassessed by an envoy composed of representatives from both the Judiciary and the mentioned Organization. However they still published their report. The Supreme Court believes that the mentioned executive director has collected all women related crimes without considering their bases of crimes and has shown them all as crimes of house escape which is totally wrong, as is shown in his concealment from reassessing his report. Afterwards, the High Council discussed a number of conflicts in handling authorities among Courts. In one case where, conflict of handling authority existed between the Public Security Division and Criminal Division of Daikundi Appellate Court, the Criminal Division of the mentioned Court was considered as the competent division to handle the case. Moreover, -day salary deduction was proposed for the ex-Head and Member of Primary Court of Paghman District as a result of shortcomings in issuing verdict on a case. Considering the report from the Audit Department where the issue of property deeds for years -

of Primary Court of Deh Sabz District had been raised, The High Council guided that delegation from the Judicial Audit Department should carefully assess the issue and report on the outcomes to any of the upcoming High Council Meetings. Meanwhile, reviewing Draft Procedures on Implementing Courts Orders of I.R.A has been adjourned to next meeting for further consideration. Regarding reviewing requests for guidance from Attorney General on interpreting article

of the Constitution, it was guided that according to this article freedom and confidentiality of correspondences and communications are immune, in accordance with the law. Thereforewire-tapping is allowed if previously provided for in the laws. Besides, for the request for guidance on retirement of cadre member of Academy of Sciences of Afghanistan in accordance with the Civil Servants Law, it was cleared that provisions of the mentioned laws published in the official gazette No.

are not applicable for members of Academy of Sciences of Afghanistan and Institutions of


Higher Educations. However their recruitment, retirement and other personnel related affairs shall be regulated in special laws of these entities. Moreover, decisions have been taken regarding

requests for

reviewing and

cases of Courts replacements in criminal and civil

cases which were put forward by litigants. A number of personnel issues of judges have also been raised and required decisions have been taken accordingly.

Meeting dated

At first discussion took place regarding the paragraph

of approval No.

dated

of the Ministers Council, which had considered judges in the local governance as subordinates to the Governors. This was compared with article

of the Constitution stating as: The President is the head of state of the Islamic Republic of

Afghanistan, and conducts his authorities in executive, legislative, and judiciary branches in accordance with the provisions of this Constitution.

It was approved that the above approval is not applicable for the Judiciary. Afterwards, the report of the delegated envoy of the Supreme Court headed by Qazawatpooh Zamin Ali Behsudi, Member of the Supreme Court to Balkh to look into problems resulted from preparation of property deeds for thousands Jerib (

m ) land. It was decided that a delegation from the Judicial Audit Department shall be appointed to the mentioned province and the Secretariat was instructed to dispatch copies of the report to the esteemed Ministries of Finance, Agriculture, Urban Development, IDLG, Office of Administrative Affairs, President s Office, and Independent General Directorate of Anti-corruption and


inform them on the imminent meeting which will be presided over by the Supreme Court, so that required measures are taken in terms of addressing challenges. Moreover, coherent to creating office on following up implementation of final decisions of Courts, the Work Procedure of this office was approved in

articles after required corrections were brought to it.

Based on the provisions of this Procedure of office on following up implementation of final decisions of Courts is assigned to take required measures in terms of application of Courts final decisions and judicial rulings in coordination with Government s Executive Organs. Afterwards, a number of requests for guidance have been reviewed. Regarding the request for guidance from Herat Appellate Court on a dispute of key money which has been rejected in the context of the decision, has been clarified where the final orders of the Court is implementable. The victims shall solve their problems by filing their case for the second time. Also, about the request for guidance from Kabul Appellate Court on appointing competent Court in a filed criminal case, it was instructed that the External and Internal Security Division of Kabul Appellate Court is the competent Court to handle the case and article

of the Law on Organization and Authority of the Court is fully considerable to resolve the dispute. Besides, for the proposition of the Department of Military Appellate Court of the Supreme Court regarding handing the appealing phase of cases submitted by the Military Primary Courts of Provinces, while a number of Appellate Military Divisions are created in the judicial zones. It was instructed that provinces where Appellate Military Divisions have newly created shall handle the primary cases of the zone and Provinces where such divisions have not yet been created, as usual the Kabul Department of Military Appellate Court is entrusted the authority to handle such cases. Moreover, required decisions have been taken regarding

requests for case reviewing and

cases of Courts replacements raised by litigants.

Meetings dated

and ,


At onset the latest terror acts in Kabul, Nengarhar, Logar and Paktia province were slammed and the reactions of the security organizations were praised, the participants prayed for the soul of the martyred and wounded persons of the incidents. During the meeting of the High Council, the participants also prayed for the soul of Judge Aminulhaq head of primary court of Qarghee district, Laghman province who was assassinated lately on his way to his office by enemies of peace and stability of Afghanistan. The participants asked the relevant security organizations to arrest the perpetrators of the case. His Excellency Chief Justice and Acting Head of the Supreme Court Abdul Salam Azimi provided detailed information regarding his participation in regional judicial conference which was held in Islamabad under the title of Justice for All . In this conference which covered numerous matters out of whom were terrorism, money laundering, juvenile trafficking, international arbitration and judicial training. During his speech in the conference the Chief Justice expressed his views on the contents of the conference and provided information about the progresses which are made regarding the contents of the conference in the Afghanistan Judiciary. On the sidelines of the conference the Chief Justice held separate meetings with the Chief Justice of Pakistan, deputy heads of the judiciaris of Iran and Turkey. The following agenda items were discussed: As for the request of the Department of Major Crimes Investigation of the Interior Ministry for guidance regarding issue of permission from court for wiretapping in criminal cases including administrative corruption, it was decided that requests of the investigation departments of capital and provinces regarding wiretapping, should be


referred through the General Attorney's Office to the Division of Crimes against Internal and External Security. As for the request for guidance of the Commission on Resolving Financial Disputes of Da-Afghanistan Bank, the High Council said: though in this regard the relevant law has clear provisions,

nevertheless the commission can seek further information regarding the issue from the Ministry of Haj and Religious Affairs and the Council of Islamic Scholars of Afghanistan . As per the request for guidance of Ghazni province appellate court on interpretation of king s order pertinent to the donation of

Jeriab land (A Jeriab is equivalent to

square meters) to one of the heirs of Mr. Jan Mohammad Khan it was explained that the order of the king is binding. As per the request for guidance of the Commission on Implementation of the Decree number , dated

of the President of Afghanistan on clemency and mitigation of punishment it was decided that the case is beyond the authority of the commission and further explained that it is one of the authorities of the President of Afghanistan. Regarding the request for guidance of Kabul anti-corruption appellate court about two decision of acquittals which were issued by primary court and anti-corruption division of appellate court of Kunduz province, and which were rejected by Public Security Division of the Supreme Court, the High Council further clarified that both of the decisions are null (the two acquittals which were issued by primary court and anti-corruption division of appellate court of Kunduz province). The council delegated the authority of handling of the two cases to the Kabul anti-corruption primary court. Also about the official letter of the Institute of Legislation and Legal Research of the Ministry of Justice which asked the interpretation of article

of the Constitution, the Council asked the deputy minster-technical to participate in the next meeting of the High council for further discussions and clarification of the article. Likewise an issue of conflict of jurisdiction between Kabul anti-corruption primary court and officers crime division of army appellate court was discussed and after determining the accusation pertinent to


ordinary crimes category, the authority of handling of the case was delegated to primary urban court of Maidan Wardag province. In addition,

requests for review and

requests for court

replacement in criminal and civil cases along with some personal issues of judges were discussed during the meetings of the High Council.

C). Judicial and Administrative Activities Reports of State Courts

. Activity Reports of Appellate Courts of West and Southwest Zone

The High Council of the Supreme Court held its extraordinary meeting on

and

/ , which was presided by His Excellency Pohand Abdul Salam Azimi the Chief Justice and Acting Head of the Supreme Court, and heard activity reports of Herat, Farah, Badghis, Ghor, Nemroz, Qandahar, Helman, Zabul and Oruzgan appellate courts. In this meetings, Mr. Sayed Abdul Ghafar Zubair, Head of Herat province Appellate Court, Mr. Shamsurahman Raiskhel, Head of Farah province Appellate Court, Mr. Obaidullah Anif, Head Ghor province Appellate Court, Mr. Abdullah Ghawsi, Head of Badghis province Appellate Court, Mr. Attaullah Fekri, Head of Nemroz province Appellate Court, Qazawatmand Del Aqa Hemat, Head of Qandahar province Appellate Court, Mr. Sayed Hussain Najibi, Head of Helmand province Appellate Court, Qazawatpal Abdul Bari Samadi, Head of Zabul province Appellate Court, and Mawlawi Mohammad Jan, Head of Oruzgan province Appellate Court presented their activities on judicial, administration, training programs, statistics, administrative systems of the courts, coordination among judicial and justice organizations, construction issues and other activities, and the members of high council responded the queries and provided detailed information regarding relevant issues. Consequently, the Chief Justice at the conclusion and assessment of judicial and administrative activities of Herat, Farah, Badghis, Ghor and Nemroz stated as bellow: Increasing professional knowledge of the judges is a priority as it is mentioned before, and the Supreme Court believes that new judges


are needed to increase their professional knowledge, for achieving this purpose beside training programs of judicial power, the heads of appellate courts as experienced instructors obliged to teach them legal issues, because in current situation of Afghanistan capacity building is a need, and that is a harsh work and time-consuming task. But in order to create sound and accessible judicial system for the people, it needs to conduct open sessions of the courts, it needs to precede complaints of the people, it needs to fairly treat litigants; because gaining people trust directly depends on these principles. Also, the Chief Justice emphasized importance of supporting monitoring programs of heads of appellate courts from activities of district primary courts. And for maintaining security of courts and the judges, he assigned heads appellate courts to contact the governors of provinces and raise security issues with them, because according to the law, they are obliged to maintain security of the courts. At the end, the Chief Justice added that, convening of such reporting meetings should not be exclusive to the center, rather it should be convened in all appellate courts, because such meeting will result highlighting of achievements, problems and work challenges, and will assist us to find appropriated solutions.It is difficult and time-consuming to achieve main goals, but sincere efforts and commitment will enable us to create a base to insure full implementation of law and justice in the future. During an extraordinary meeting which was held on , His Excellency, the Chief Justice after evaluation of reports presented by the heads of Qandahar, Helmand, Zabul, and Oruzgan courts stated thus: The leadership of the Supreme Court is agree with this method of reporting from activities of state courts, thus understanding of work condition of courts will provide opportunity to improve positive points and adopt appropriate measures and actions to address problems and challenges. While these reports shows normal activities of four state courts, but we have still a long way to reach our final goals. Today leadership of the Supreme Court puts all efforts together to provide physical and technical assistances to the state courts according to its capacity, and to coordinate all activities of the courts for providing


more effective legal services, and to achieve desired objectives, and to increase trust of public on state courts; so it needs to provide better image of activities of state court for the people. Also, the Chief Justice requested the heads of appellate courts to handle referred cases within short time, and in order to show transparency of judicial performances they should hold public judicial sessions. In addition, the heads of the courts are obliged to discuss issue of lack of land for primary courts with municipalities of provinces, and address this issue, and take appropriate actions to address complaints of litigant and clients, and they should know that beside commitment, professionalism and accountability, public trust can be attained by professional judicial conduct and behavior. In this occasion, the Chief justice requested the heads of appellate courts to play their roles for increasing legal knowledge of young judges by using their experiences, and obey regulation of presence records and judicial uniforms as it shows prestige of judges and judicial system of the country.

. Activity Reports of Appellate Courts of South Zone

During extraordinary meeting of high council of the Supreme Court on , presided by His Excellency Abdul Salam Azimi, the Chief

Justice and Acting Head of the Supreme Court, activity reports of southern zone appellate courts including Paktia, Paktika, Khost and Logar provinces were presented and heard. In this meeting, first of all the heads of mentioned courts presented their reports according to the questionnaire, and provided detailed explanations in response to other questions. Later, after evaluation of activities of said appellate courts, His Excellency the Chief Justice stated thus: Providing judicial services for the people is responsibility of judicial power, and as the judges begin their work under oath, they should be honest and responsible in performing their job and obligations. All activities which have been done during last year for solving cases and addressing demands and complaints of litigant and clients could not be ignored, but we can say that the expectations are more than it, and the courts as a ray hope for the people should be more active, honest, and


transparent in their performances. In a society as a result of social, economic, and political challenges and problems, protection of people rights and freedom is very important, and then the judges should play a leading role in protection of people rights and freedoms, and implementation of law and justice, and take legal actions regarding these issues. Also, the Chief Justice added that: as I have mentioned for the heads of appellate courts of provinces in previous reporting meetings, addressing demands and complaints of clients, observing appropriate conduct and behavior with litigants, rapid handling of cases, coordination with other institutions, identification and addressing facility (place) needs of relevant courts, increasing professional knowledge of young judges, supervising proceeding of cases in lawful fixed time and supervising work procedures and policies are main duties of the heads appellate courts and they are obliged to carry out them. I hope reporting of the heads of appellate courts to High Council of the Supreme Court would be an incentive for brining changes in quality and quantity of judicial performances , and achieve expected goals for providing better services for the people.

. after hearing activity reports of the Appellate Courts of central zone, the current reporting process of courts is ended.

The extraordinary meeting of SC high council was conducted in the afternoon

Saur, under chairmanship of Abdul Salam Azimi, chief justice and acting head of Supreme Court. In this meeting activity report of the courts from central regions were heard as well as the existing reporting process of the courts began in

Hout , was concluded. In this meeting Sayed Murad Sharifi head of Ghazni Appellate Court, Nasrmenallah Rahimi head of Bamyan appellate court, Abdul Haseeb Ahadi head of Maidan Wardak Appellate court, and Mir Abdul Samad Haqdad head of Daykundy Appellate court-each of them in turn- presented their activity reports and also provided sufficient explanation to the questions of SC high council members. Afterwards, chief justice and acting head of Supreme Court concluded the reporting process as:


Today, with hearing the activity report of the courts in central region,

the reporting process of SC high council from activities and

performances of the courts which was started two months ago, is

going to be ended.

When the activity reports were presented by heads of Appellate courts whiten extraordinary meetings of SC high council, We could recognize the facts of activities and could realize that there are problems and challenges beside strength points of performances, which we should overcome them with efforts and hard working. Following with my previous speeches to heads of appellate courts in the multiple assessments, once again I want to take the chance to mention that, to perform judicial obligation, it requires stabilization of rule of law and providing justice. Besides these two important principles, there are principles that observing them can help us to better services, such as: good judicial ethics with clients, vindication of rights and to have people s consent, keeping judiciary reputation and prestige, arranging open sessions so that state transparency in our performances, handling claims and demand of litigants and to inform them through local medias, observance of work policies and procedures necessary for every office, observance of procedures and guidelines issued by high council in the routine performances of courts, considering the physical needs of the courts, contribution in enhancing practical and theoretical experiences of new young judges through heads of the appellate courts, unemployment of judges except in judicial duties, establishing and maintaining more coordination with justice organs and improving work efficiency and good management plus the issued written in the high council questioner. Although, the SC high council observes the performances of the courts in many different ways but still will continue reporting process because such meetings create mutual understanding, and can highlight the work achievements and challenges, and also heads of the appellate courts should deliver the aims and requests of the supreme court along with full details of the meetings to all judges .


At the end of the evaluation the Chief justice also added However

according to the circumstances and time, there are more expectations

from the courts but still activity and performances of the courts are

satisfactory once they are open to the public, dealing with and solving

their legal problems. We hope that further efforts and accountability

will increase the works to a better and expectation level .

Coordinating meeting on indicating role of social research staff of children delinquent

On - -

a meeting was conducted in Kabul Primary court with participation of Mrs. Huma Alizoi head of Primary court, Mrs. Anisa Rasouly head of Kabul Appeal division of children, Juvenile prosecutor of five zones, General Director of Juvenile Center, representative of some NGOs and social workers of some governmental organizations. In this meeting the participants discussed issue such as implementation of issued order of the court by juvenile prosecution offices, removing of deficiencies in investigation forms of children as it is agreed between the ministry of justice, ministry labor and social affairs, the ministry of interior, attorney general office and the supreme court, and increasing role of social workers as supporters of judicial institutions and establishment of a system for referring children cases in accordance to Beijing Regulations and article

of Juvenile Law, and justice for children program as it is in experimental period since two years, and to have a model system for children and respecting rights and interests of young offenders and correction of them and leaving them in the society to continue their normal life, and for improvement of juvenile justice system more coordination the participants agreed as bellow:

A workshop should be conducted in soon future for improvement of children research forms which need revision.

Social workers should accurately evaluate positive and negative factors effective on child s personality in the forms.


Causes of delinquent should be fully analyzed and written in a specific cell in the related form.

According to the guideline, suspect and accused children should have access to social services starting from the time of arrestment, and therefore social services office should be established in Kabul.

In order the social workers are accessible for delinquent children, the number of social workers should be increased, and this should be done in consultant and agreement with Ministry of Labor and Social Affairs.

In order to use substitutions of guardianship set forth in Juvenile Law and also to reduce number of under- guardianship children and to refer them to social service organizations or serve any social works, it was raised in the Children Functioning Network meeting.

Regarding the concern of head of Correction Center on increasing of children in the correction center hostel, director of Juvenile prosecution office promised that based on final verdict of primary courts, they will release children whom acquittals were issued or whom guardianship period were considered sufficient for them and also promised that they will not take the simple offences into the appealing process.

It was raised in the Correction Center High Council meeting that in order to reduce under guardianship children in the Correction Center, there is a need of an special place for suspect children as custody house and for accused children as detention center, till the correction center should only be a place for children under-guardianship after issuance of verdict.

Regarding the age specification of children whose appearance status shows their growing age, it was decided to appoint a commission consisting forensic doctors.

The issue on referring some of the under-guardianship children from Kabul to correction centers in the concerned or the neighbor provinces was raised in the high council meeting of correction centers.


Anti Corruption

A). Judicial Activities of the Primary Court of Anti Corruption Kabul Province.

. Report:

From

to

the primary court of anti corruption Kabul province has worked on

criminal cases related to administrative corruption. In regard to these cases

people who were accused of crimes such as embezzlement, misuse of official authority, bribe, and counter fade, possession of illegal weapon, axceeding of official authority, duty negligence and lack of using official authority have been put on trial. As a result of this

people were acquitted and

have been sentenced to imprisonment and cash fine which are as follow:

Three months to one year imprisonment

people

One to five years imprisonment

people

Five to ten years imprisonment

people

Cash fine

person


Beside returning the items and confiscation of the amount which were taken as bribe, those accused who were sentenced to imprisonment due to embezzlement and taking bribe were also sentenced to cash fines equal to the amount taken as bribe or embezzled.

Total amount of cash fines is worth USD.

Table : Judicial Performances of the Primary Court of Anti Corruption Kabul Province

Judicial Decisions Number

of Accused

No

of C

ase

Type of Case

No

To

tal Am

ou

nt o

f C

ash fin

es in U

SD

Co

nvicts to

F

inan

cilal Crim

es

Number of Custodial

Imprisonments

Number of

Convicts

Nu

mb

er of

Acq

uitals

Fem

ale

Male

Five to

Ten

Y

ears

O

ne to

Five

Years

Three Months to One Year

Fem

ale

Male

Misuse of Authority

Lack of Use of the Authority

Embazzlement

Bribe

Forgery

Exceeding Duty

Illegal Possession

Negligence of Duty

Total

During this period the court has also issued judicial ruling in regard to

cases and sent them to the concern organ. Some of these cases have been rejected due to investigation gaps and some of them due to lack of the court s authority.

Table : Cases which has been rejected back to the concern organ through judicial ruling for completion of the investigation gaps


Cases which has been rejected back to the concern organ through judicial ruling for

completion of the investigation gaps

Concern Organ

Reason for Ruling

No of Accused

No of Case

Type of Case

No

Lack of Authority

Legal

Processing

Investigation

Gaps

Prosecutor s Office

Misuse of Authority

Prosecutor s Office

Embazzlement

Prosecutor s Office

Bribe

Prosecutor s Office

Forgery

Prosecutor s Office

Exceeding Duty

Prosecutor s Office

Money Laundery

Prosecutor s Office

Illegal Loans

Prosecutor s Office

Duty Negligence

Prosecutor s Office

Cancelment of Facts

Prosecutor s Office

Impersonation

Total

). Summary of the Verdicts from the Primary Court of Anti Corruption, Kabul Province.

Verdict Dated:

A resident of district

of Kabul Province and procurement assistant of USAID office who was accused of taking bribe from a person in charge of a project has been arrested. He demanded

USD as bribe which makes

of the project and finally agreed on taking

USD. After the completion of the investigation the case has been refered to the primary court of anti corruption Kabul Province. The court has handled the case in its open session on . The


court convicted the accused and based on paragraph , article

of

criminal law and with the consideration of paragraph

of articles

and and paragraph of article of the same law and paragraph

of article

of the law on the implementation of the strategy of anti

corruption in taking

Rs and demand of

USD, sentenced

him to three years custodial imprisonment and cash fine of

USD

which is equal to the amount taken as bribe. Since the amount of Rs was from the victim and the informer, therefore it was given

back to them.

Verdict dated March

Two employees of the NDS accused by stealing liters of diesel and petrol have been arrested. Their case has been submitted to the Kabul Primary Anti Corruption Tribunal after the initial investigations were completed and indictment was prepared by the prosecutor. Based on the provision of article

and

of the Penal Code as well as article

and

of the same Law, the mentioned Court convicted each of the accused during its judicial session dated

Mar

to six years of custodial imprisonments with effect from the day arrested, and a cash fine equaling the amount embezzled as well as the return of

AFN which is the cost of the embezzled fuel. The Court ordered prosecution of few more people for connection in the same case.

Verdict dated April

Two Police Officers have been arrested for power misuse. The accused have acquired

Kalashnikov guns from suspects and have released them. They had also stopped kept a car without any legal reason in the Police HQ; their case has also not been officially tried. They were also accused with embezzling an amount of AFN of agriculture cooperative money. Their case has been submitted to the Kabul Primary Anti Corruption Tribunal after the initial investigations were completed and indictment was prepared by the prosecutor. According to article

of Military Law one of the accused was convicted to

years of custodial imprisonment due to duty negligence. The other accused who had previously worked as Deputy Criminal Detection Officer at Police Zone No.

was convicted to power misuse


and exceeding legal authority based on the provision of paragraph of article of the Military Law and was sentenced to years of custodial imprisonment as well as confiscation of

Kalashnikovs and a Ranger

Pick-up to the Public Treasury.

B). Activity Report of Kabul Anti Corruption Appellate Tribunal

. Report:

Kabul Anti Corruption Appellate Tribunal handled

anti corruption related criminal cases from - -

until - -

and issued verdicts. In the mentioned criminal cases

persons were accused of power misuse, embezzlement, bribery, exceeding legal authority, illegal possession of weapon and were tried accordingly. Out of the mentioned number of accused, were acquitted, and the remaining

have been tried as below:

person was sentenced to months imprisonment.

persons were sentenced to imprisonments - years.

persons were convicted to cash fines.

Some accused were convicted to both cash fines and imprisonments.

The total amount of cash fines reached USD.


Table No. ( ): Activity Report of Kabul Anti Corruption Appellate Tribunal

Judicial Decision

No

. of

accused

No

. of C

ases

Case Type

No

To

tal amo

un

t o

f cash fin

e in

AF

N

No

. o f

con

victs to

cash fin

es

No. of convicts to custodial

imprisonments

No. of convicts

No

. of

acqu

ittalss

Fem

ale

Male -

year day

year Male

Power misuse

Embezzlement

Bribery

Exceeding legal authority

Illegal posession

Total

During this period the mentioned Court has also refused cases to the relevant prosecutor s office due to existing shortcomings, and will handle them after the corrections are brought.

Table No. ( ): Cases refused due to existing shortcomings Cases refused through judicial rulings to the relevant prosecutor s office due to existing

shortcomings

Relevant Source

Reason for judicial ruling No of

accused

No. of cases

Case type

No

. Remove shortcoming

Legal proceeding

Investigative gap

prosecutor s office

Illegal posession

prosecutor s office

Counterfeit

prosecutor s office

Power misuse

prosecutor s office

Power misuse

prosecutor s office

Counterfeit

Total


. Summary of Verdicts Issued by Kabul Anti Corruption

Appellate Tribunal

Verdict Dated

Conviction of two employees of Control and Inspection Department of the Council of Ministries to two years imprisonment on charge of taking US$ as abribe

Head of a construction company which has constructed a project for Technical and Professional Education Department of the Ministry of Education, has came to this ministry to receive reimbursement of their guaranty amount, the delegation of control and inspection department of ministerial council who were assigned to review and complete the process, delayed document of said company pretending that completion of the project is delayed and it is not according to the contract, and they have said, the will impose

million cash fine on them, or they should give ( ) US $ as a bribe for them, as a result the agreed on ( ) US $. The head of that company informed relevant authorities, later two person of mentioned commission were arrested by a joint team of attorney general office, criminal investigation department, supervision department and national security office

After completion of investigation, the case was referred to anti-corruption primary tribunal of Kabul province, which the judicial panel proved guiltiness of the accused persons in its session dated on

, and sentenced each of them to two years custodial imprisonment from the date detention on charge of taking ( ) as a bribe according to article

( ) of the penal code, and consideration of article ( ) and article ( ) and article mentioned law. And based on objection the accused persons, the case was referred to Kabul province anti-corruption appellate tribunal, and the tribunal handled the case in its session dated , and the judicial panel approved the decision of primary tribunal, and issued order for enforcement of sentence according to article

( ) of the law on organization and competences of the courts.


Verdict Dated

Conviction of a Former Manager of Directorate of Juvenile Correction Center of Afghan Red Crescent Society for embezzlement of ( ) AFN On , the mentioned person stole an amount of ( ) AFN from the office and fled. Later on, , he was arrested by national security officers. After completion investigation, the case was referred to anti-corruption primary tribunal of Kabul province, and the tribunal handled the case and the judicial panel specified criminal liability of the accused and based on article

( ) and consideration of article

( ) of the penal code sentenced him to five years and one month custodial imprisonment and returning ( ) AFN stolen amount. And based on objection the accused person, the case was referred to Kabul province anti-corruption appellate tribunal, and the tribunal handled the case in its session dated , and according to article ( ) of the law on organization and competences of the courts the judicial panel amended the decision of primary tribunal, and based on article

( ) and article

penal code and with consideration of article

of mentioned sentenced him to three years custodial imprisonment and returning of ( ) AFN stolen amount.


Counter Narcotics Activities

A) Judicial Activities of Kabul province Counter - Narcotics and Intoxicant Substances Primary Tribunal.

. Report:

From

to / , Kabul province

counter narcotics and Intoxicants primary tribunal handled

cases related to narcotics and issued decisions regarding them. A total of persons tried on charge of trafficking and possessing drugs, and sentenced to following punishments:

persons were sentenced to one up to five years imprisonment;

persons were sentenced to five up to ten years imprisonment;

persons were sentenced to imprisonment between ten up to fifteen years;

persons were sentenced to imprisonment between sixteen up to twenty years;


These accused were sentenced only to imprisonment punishments not cash fines. Total ( , ) kg narcotic drugs were detected and order issued

for destroying them.

Table No ( ), Report of Kabul province Counter- Narcotics and Intoxicants Primary Tribunal

Table of Counter- Narcotics Primary Tribunal for the Year

Court Decisions

No

of

Peo

ple

Accu

sed

Amount of Substance

in Kg

No

of C

ases

Type of Substance

No

No of Custodial Imprisonments

No

of

Peo

ple

Co

nvicted

No

of

Peo

ple

Acq

uitted

-

Years -

Years

-

Years

-

Years

,

Opium

Heroin

Hashish

Chemical Substances

Alcoholic Beverages

Morphine

Total

. Summary of Verdicts Issued by Kabul province Counter- Narcotics and Intoxicants Primary Tribunal

Verdict Dated

years imprisonment on charge of trafficking ( ) kg Heroin On , during in operation ISAF and Afghan National army forces identified and suspected car and after searching they have discovered ( ) kg Opium, and arrested persons on the spot. After completion investigation, the was referred to counter-narcotics and intoxicants primary tribunal of Kabul province, and the tribunal handled the case in its session dated , and the judicial panel specified criminal liability of the accused persons and based on article

( ) counter narcotics law and consideration of article

of mentioned law sentenced each them to

years custodial imprisonment beginning from the date of detention , and according to article

of mentioned law ordered confiscation of

mobile phones


and ( ) Rs detected from accused persons, and according to the provisions of article

counter narcotics Intoxicants law issued order

for destruction of ( ) kg Opium.

Verdicte Dated:

Based on telephonic information provided to Hirat Anti-corruption Police providing that a person has hidden narcotics at his home and wants to upload it on his vehicle and then transfer it to Iran. Based on the report the personnel of Hirat Anti-corruption police searched the home and obtained and seized amounts of

kg opium,

kg heroin and

kg morphine. Two persons were arrested in connection to the issue. The case was referred and handled on by Primary Counter Narcotics and Intoxicants Court of Kabul. Based on clause

of paragraph

and

of article

of Law on Counter Narcotics and Intoxicants, the court convicted each of the accused persons to

year of custodial imprisonment commencing from their first days of detention. According to clause

of paragraph

and

of article

of the Law on Counter Narcotics and Intoxicants and taking into consideration the approval #

of the High Council of the Supreme Court; each of the accused was sentenced to

years of custodial imprisonments in connection to the case of smuggling of

kg morphine.In the case of trafficking of

kg opium each of the accused was convicted to five years and six months of imprisonment based on clause

of paragraph

and

of article

of Law on Counter Narcotics and Intoxicants and based on article

of Penal Code which sets the penalty of trafficking of heroin each of them were sentenced to

years of custodial imprisonment. Based on article

and

of Law on Counter Narcotics and Intoxicants, the judicial penal ordered on the confiscation of the obtained mobiles along with their sim cards, a trailer vehicle carrying the narcotics and two corolla racers obtained from the accused and the penal order to eliminate the narcotics based on article

of the Law on Counter Narcotics and Intoxicants.


Verdicte Dated

An amount of

kg heroin was seized in Roostac district of Takhar

province. After the completion of due investigation the case was referred and handled by Kabul Counter Narcotics and Intoxicants Primary Court during its judicial session dated as result the court convicted each of the accused persons to

years of custodial

imprisonment based on clause

of paragraph

and

of article

of

Law on Counter Narcotics and Intoxicants wich starts from their detention date ( ). As well as the judicial penal of the court convicted each of the accused for not having license plate and vehicle documents to cash fine of

Afs based on provisions of article

of Traffic Law, and in connection of lacking driving license, the penal convicted the accused persons with fine of

Afs and based on article

of Penal Code the court s penal convicted the accused persons with both of the penalties. As well as based on article -

of Law on Counter Narcotics and Intoxicants the judicial penal issued orders on confiscation of a vehicle carrying the narcotics and the telephone sets and SIMs which were used for trafficking purposes in addition the judicial penal of the court ordered to eliminate the

kg in conformity to the article of Law on Counter Narcotics and Intoxicants Court;

B) Activity Report of Kabul Appellate Counter Narcotics and Intoxicants Court

From

; Narcotics and Intoxicants Appellate

Counter of Kabul handled

cases of narcotics related crimes. During

this

persons have been accused, out of whome a person was

acquitted and the rest

were convicted to different penalties as

follows:

persons from - years.





The total amount of narcotics obtained and is eliminated from the culprits is kg.

Table ( ) Activities of Counter Narcotics and Intoxicants Appellate Court of Kabul Province

Judicial Decisions

No

. of

Accu

sed

Amount of Narcotics

Nu

mb

er of

Cases

Case Type

No

Custodial imprisonment Number

No

. C

on

victs

Acq

uittals

-

Years -

Years -

Years -

Year

Opium

Heroin

Marijuana

Chemical substances

Alcohol Beverages

,

Morphine

Total

. Sumary of verdicts issued by Kabul Counter Narcotics Primary Tribunal

Verdict dated

Twenty years imprisonment for smuggling ( ) kg Opium On

as a result of joint operation of National Army, Border Police and NATO forces in Nahr district of Helmand province, a house was searched which ( )kg opium was found from the house and a person was arrested on charge of this case. After completion of investigation, the case was referred to Kabul Counter Narcotics Primary Tribunal. Based on part ( ), paragraph ( ) and acting upon paragraph ( ) article ( ) of Law on Counter Narcotics and Intoxicants, the accused was convicted and sentenced to twenty years imprisonment, as well as, based on paragraph ( ) article ( ) of


the same law he was sentenced to one year and nine months imprisonment on charge of poppy cultivation on his four acres land. Since the accused was not satisfied with the decision, case has been referred to Counter Narcotics Appellate Court and handled in its judicial session dated

that the decision of Primary Tribunal

was approved according with part ( ) article ( ) of Law on Organization and Competency of the Courts.

Verdict dated

Fourteen years imprisonment due to smuggling ( ) kg Morphine Kabul th district police station arrested a person with a carrier bag loaded with ( ) sacks of morphine, at the direction of Kandahar cars station- west of Kabul. An individual was arrested on charge of this crime and after completion of investigation the case was referred to Kabul Counter Narcotics Primary Tribunal, this court convicted the accused for smuggling ( ) kg Morphin and sentenced him to

years imprisonment. As the accused was not satisfied with the decision, case has been referred to Counter Narcotics Appellate Court and handled in its judiciail session dated . Based on provisions of part ( ) article ( ) of Law on Organization and Competency of Courts, the judicial panel breached decision of primary tribunal and according part ( ) Paragraph ( and ) article ( ) of counter narcotics law and aslo according to provisions of part ( ) article ( ) of the same law sentenced the accused to

years imprisonment from the date of detention, and based on article ( ) of the same law ordered on confiscation of a cell phone with

SIMs and amount of six thousand Pakistani rupees.

Verdict dated

Twenty years imprisonment due to smuggling ( ) kg Herion NDS Officials recived information from a confidential informant about smuggling and transaction of narcotic substances (Herion) by a resident of Herat province and two of his sons, and that they would transport Herion from Shindand district of Herat province to Iran. Herat Counter narcotic police officer and a representative of appellate


prosecution office stopped the vehicle in direction of Mujahedin-residential houses-and searched it thoroughly, as a result ( ) pockets of Herion were found and also a suspect was arrested. After completion of investigation, the case was referred to Counter Narcotic Primary Tribunal and was handled in its judicial session. Consequently, the mentioned tribunal convicted accused and sentenced him to years custodial imprisonemt. Because of dissatisfaction of accused with the primary court dicision, the case was reffred to Kabul Counter Narcotic Appellate Court and handled in its judicial session dated . Relying upon article ( ) of Law on Organization and Competency of Courts, the judicial panel approved decisioin of primary court and according Part ( ) Paragraph ( ) article ( , ) of Counter Narcotics Law, and considering approval No.( ) dated of Supreme Court High Cousel, this panel convicted the accused and sentenced him to twenty years custodial imprisonment from the date of detention. Moreover, based on article ( ) of the same law (Counter Narcotics Law) they ordered on confiscation of two cell phones with their SIMs.


News and Events

Institute of public comparative law and Max Plank International Law conducted a workshop with financial support of Dutch Embassy about judicial ethics in Islam and applicable laws of Afghanistan, in the Kunduz Appellate court hall. This event happened from

to

and

judges of the city and the districts had participated, also the same programs were conducted with cooperation of German Foreign Ministry, in Badakhshan province.

Third regional workshop about international collaboration in criminal issues was conducted from

to

in Vienna capital of Austria with cooperation of United Nations Office on Drugs and Crime (UNODC). Qazawat Poh Mohammad Qasem Dust member of Supreme Court and Qazawatmal Abdul Baset Bakhtiaru head of Kabul th district primary court had participated in this workshop.

Following issues were discussed in the workshop: extradition, mutual legal assistance, actions to avoid illegal financial revenues, money laundering and terrorism funding, recognition, tracking and confiscation of crime revenues, property restitution and also capacity building and technical assists.

Qazawatwaal Mohammad Omar Karimi Acting of the appellate court of Kapisa province met with the in charge of PRT team of Kapisa province at his office on . In this meeting the in charge of PRT team promised to cooperate regarding the construction of a library, providing books (

volume) to be used by judges and also providing of ( ) set computers for the


primary courts and ( ) set for the center office and maintaining its communication through internet.

Institute of public comparative law and Max planck international law have plan to conduct a workshop regarding especial parts of the penal code in Islam and other registered laws of the state from

to

for the judges of the

Helmand province appellate court.

During a gathering in the appellate court of Nimroz province on

an appreciation letter of National Assembly (Wolosi Jerga) awarded to honorable Qazawatmand Attaullah Fikri, Head of appellate court of Nimroz province by Ms.Roh Gul, Khyerzad, the representative of Nimroz people in the Upper house (Mushrano Jerga) with the presence of the judicial and justice in charges and the member of the civil society for his best performance and better function of the Nimroz province courts.

In pursuance of judicial education programs, honorable Qazawatmand Shir Aqa Moneb, head of anti corruption court on

through Herat TV has talked in details regarding the organization and authorizations of the tribunal and specialized courts and difference among them.

On , head of appellate court of Maidan/Wardak province met with Ms. Salba Ahamd, head of UNAMA law stabilization and their colleagues related to Kabul regional Zone. They exchanged views regarding state judicial affairs, method of cases handling, coordination meeting of judicial and justice organs and other related issues. At the end of the meeting, the Head of UNAMA law stabilization promised to cooperate and help with the courts.

On

the official of Judiciary control and investigation department have arrested three people resident of Nahor of Ghazni province in charge of falsification of marriage certificate and also on

a prosecutor from the appellate prosecution office of Maidan/Wardak province due to handling of larceny file on behalf of the court judges and asking bribe


AFN

has arrested red hand by the mentioned officials.

The cases are under investigation.

On

Mr. Fazel Rahman Fazli, head of appellate court

of Balkh province at his office met with the in charges and staff of American Embassy located in Balkh province. They talked and exchanged views about the problem which is exist regarding the forensic medicine and criminal technique and its importance for the performance of judicial and justice affairs.

Based on invitation of Qatar official government, His Excellency Chief Justice and Acting Head of the Supreme Court made a trip for Qatar to participate in the meeting of the legal officials of Qatar regarding law stabilization which was held in Doha city of Qatar from -

May

under the chairmanship of His Excellency Shaikh Hamd Bin Khalifa Ale Sani, Amir Qatar.

Based on request of General Administration Directorate of the Judiciary and order dated

of His Excellency Chief Justice and Acting Head of the Supreme Court, an appreciation letter (second grade) has been approved to Mr. Abdul Jalil Farooqi, head of anti corruption primary court for his best performance.

The personnel of the judiciary control and investigation department has arrested red hand the head of the primary court of Balkhab district of Sar-e-Pol province on in a legal case which he had asked bribe AFN

and also on

one of the employee of the appellate court department of Parwan province has arrested which he had asked bribe AFN

for solving of a civil case. The cases are under investigation.

On

Qazawatmand Daud Shah, head of criminal division and acting appellate court of Panjshir province at his office met with Ms. Ai Lody, legal advisor of UNAMA. They exchanged views regarding court relationship with the governmental and non-governmental organizations and coordination meetings of judicial and justice organs. At the end of the meeting, UNAMA legal advisor promised to provide air conditioner for the court meeting Saloon.


Based on Supreme Court request and approval of the presidency office, Qazawatpoh, Fazel Wahab Fazli has recently appointed as a head of appellate court of Kunduz province. On

during a gathering he introduced to the

staff and representative of the related government organs by the Qazawatpho, Amrullah Abdalli, head of the investigation department and Ghulam Hussain Safi, head of human resources department. Mr.Fazli through a short speech talked about the judicial profession and maintenance of justice and emphasized that for the implementation of the mentioned goals he is trying to provide all kind of efforts. In this gathering good performance of Mr. Abdul Shokor Akhonzada, previous head of the appellate court was also appreciated.

Based on Supreme Court request and decree No.( ) dated

Presidency office, Qazawatmal, Mohammad Sharif Fani who has recently appointed as a head of appellate court of Faryab province through a gathering introduced to the heads of government administrations, courts judges and scholars. The head of the appellate court thanked and appreciated the Supreme Court for the trust and assigning him in this job and promised to perform his duty honestly.

Based on an official letter, Relief international has plan to conduct a judicial system training and public administration program which is funded by the American Foreign Ministry from May

to June

and from June

to July

which is going to be held in the Virginia University. From the Supreme Court side Judge Masoud Omar Azad, the member of the appellate court of Farha province will participate to the mentioned program.

On

a training work shop on (Fact finding and role of justice) was held with the participation of the head of vice and virtues appellate court of Balkh province, head of human right commission, representative of Haj and religious Ministry, representative of police department and police stations, representative of civil society, representative of police academy and justice center. In this workshop the insulting of the Muslim


graves especially martyrs was discussed from the view point of Sharia and applicable law and emphasized that if it needs to open a grave it should be done according to the court order and professional manner.

This document was created with Win2PDF available at http://www.daneprairie.com.The unregistered version of Win2PDF is for evaluation or non-commercial use only.

http://www.daneprairie.com

Special Bulletin of the Supreme Courtsupremecourt.gov.af/Content/files/bulletin_20_english.pdf ·...

Documents

Transcript of Special Bulletin of the Supreme Courtsupremecourt.gov.af/Content/files/bulletin_20_english.pdf ·...