Anti-corruption Justice Center (ACJC) publicly sentences 12 government and non-government authorities of Herat province
ACJC primary court publicly sentenced these men for the charge of Job Authority misuse and embezzlement, on March 19, 2018.
The sentenced people are: Farhad Niayesh, former Herat mayor, Abdul Baqi Popal, deputy of Independent Directorate of Local Governance (IDLG), Yousuf Eshaqzai, contracts acting manager, Waheed Ziaratjae, acting Finance and Admin manager, Rateb Popal, Finance and Admin manager and Sayed Abdul Haq, Herat municipality staff.
Also, Obaid Hameed Elahi, Revenue Manager, Najibullah Junaidi, Enterances manager, Khalid Omar, technical sector acting manager, Jawed Ahadi, Afghanistan International Bank (AIB) branch manager, Mohammad Marouf Rasooli, Herat province representative and Sher Ahmad, a Teller in this province were trailed.
Herat former mayor Mr. Farhad Niayesh was sentenced to five years of imprisonment, in accordance with the article 268 and 273 and 17 of Panel Code, for the charge of embezzlement of 190000 USD.
In another case, he was sentenced to five years and one-month imprisonment and return of the amount for the charge of 150000 USD embezzlement, in accordance with the article 268 and 273 and 17 of Panel Code.
The mentioned defendent was also sentenced to five years and one-month imprisonment in accordance with the articles 268, 273 and 17 of Panel code, for the charge of 600,000 AFN. And 46,880 USD embezzlement.
In another case, the defendant was sentenced One year and five months imprisonment and 1,357,800 reimbursements, in consideration of the paragraph 2, article 285 Criminal Law, and paragraph 2, article 14 of the Panel Code for the charge of demolition of public houses before expulsion.
He was sentenced to three months of imprisonment, in accordance with Article 74 of the Preserving Cultural and Historical Properties Law, on charges of destroying the historical valued shops, in accordance with Article 17 of Panel Code.
In total, Mr. Farhad Niayesh was sentenced to 16 Years and 7 Months of imprisonment, Reimbursement of 385,880 USD and 3,600,000 AFN. and same amount of cash fine, in accordance with the article 75 of Panel Code.
Mr. Abdul Baqi Popal and Mr. Marouf Rasooli were sentenced to three months of imprisonment for the charge of participating in destroying the Historical and Cultural Valued Shops, in accordance with article 74 of the Preserving Cultural and Historical Properties Law, and articles 17 and 59 of Panel Code.
Mr. Khalid Omar was also absently sentenced to three months of imprisonment, in accordance with the article 74 of the Preserving Cultural and Historical Properties Law, article 17 and 59 of Panel Cod, and paragraph 2, article 209 of Criminal Procedure.
According to the panel, the defendants, Farhad Niayesh, Abdul Baqi Popal, Marouf Rasooli and Khalid Omar, were obliged to pay 21 million 277 thousand and 368 AFN for the destruction of shops and 15 million and 574 thousand and 924 AFN. due to the lack of receipt of damaged shops, to the government.
Mr. Sayed Abdul Haq was sentenced to 5 years and one-month imprisonment for the charge of 150000 USD embezzlement in accordance with the paragraph 1, articles 268 and 273 of the Criminal Law, and articles 17 and 58 of the Panel Code.
For the same charge, Mr. Yousuf Eshaqzai was sentenced to Five Years and one-month imprisonment in accordance with the paragraph 1, articles 268 and 273 of the Criminal Law, considering articles 17 and 58 of the Panel Code, and paragraph 2, article 209 of the Criminal Procedure.
Mr. Sayed Abdul Haq, Mr. Yousuf Eshaqzai and Farhad Niayesh were obliged to pay the embezzled amount 150000 USD, and fined the same amount, in accordance with article 68 of the Panel Code.
Waheed Ziaratjae, Rateb Popal, Obaid Hameed Elahi and Najibullah Junaidi were also sentenced to Five Years and one-month imprisonment each for the charge of being involved in the 150000 USD embezzlement. They were sentenced in accordance with the paragraph 1, articles 268 and 273 of the Criminal Law, considering the articles 17 and 58 of the Panel Code and paragraph 2, article 209 of the Criminal Procedure.
According to the jury’s decision, the defendants were also obliged to pay the embezzled amount (150000) as fine, in accordance with the paragraph 2, article 68 of Panel Code.
Mr. Hameed Ziaratjae was sentenced to Five years and onemonth imprisonment for the charge of being involved in the embezzlement of 3 Milions and 600,000 AFN and 6,880 USD, in accordance with paragraph 2, article 268 of Criminal Law, articles 17 and 58 of the Panel Code and paragraph 2, article 209 of the Criminal Procedure. In total, he was sentenced to 15 years and 3 months of imprisonment and fine the amount equal to the embezzled amount.
Mr. Jawed Ahadi was sentenced to one year and one month of imprisonment for the charges of violation of overrun of duty, in accordance with the paragraph 2, article 285 of the Criminal Law, Article 17 of the Panel Code, and Article 237 of the Criminal Procedure.
Nasir Ahmad was fined 100,000 AFN. due to the failure to report the offer security money and the municipality revenues, in accordance with article 501 of the Criminal Law, paragraph 5, part 2, Article 5 of the Money Laundering prevention law, paragraph 1, Part 3 of Section 4 of the regulating the activities of custodians and monetary services providers law, In accordance with Article 17 of Penal Code, and paragraph 1, Article 237, of the Criminal procedure.
The jury also obliged Mr. Farhad Niayesh, Sayed Abdul Haq, Yousuf Eshaqzai, Waheed Ziaratjae, Rateb Popal, Obaid Hameed Elahi and Najibullah Junaidi to pay 386,880 USD.
Also based on the decision of jury, the defendants were obliged to reimburse 386,880 USD and 600,000 AFN.
Jury ordered that Mr. Farhad Niayesh, Abdul Baqi Popal, Khalid Omar and Mohammad Marouf have to pay 36,852,295 AFN to the government to compensate the damages and loss.
Mr. Waheed Ghafori and Mr. Mohammad Jawad are under judicial prosecution for the charge of being involved in the case of 20 Million AFN and demolition of historical properties.