Dr. Mohammad Ashraf Ghani, President of Afghanistan: “I have not interfered in the legal and judicial affairs and will not allow anyone else to do so.”
Dr. Mohammad Ashraf Ghani, President of Afghanistan:
“I have not interfered in the legal and judicial affairs and will not allow anyone else to do so.”
The President said this in the 4th National Conference of Afghan Prosecutors. The conference aphorism/slogan was “Towards an Afghanistan Free of Corruption and Violence against Women” and continued for three days (October 31 to November 2, 2016) in Kabul. In addition to President Dr. Mohammad Ashraf Ghani, was National Unity Government Chief Executive Officer (CEO) Dr. Abdullah Abdullah, Supreme Court Head and Chief Justice, Qazawatpoh Sayed Halim Yousuf, and Upper House Head (Mishrano Jirga), Fazel Hadi Muslimyar. Other participants included Afghanistan Human Rights Independent Commission Head, Dr. Sima Samar, Attorney General, Mohammad Farid Hamidi, and governmental officials, independent institutions, civil society, and central and provincial staff from Attorney General’s Office. The main goals of the national conference identified and addressed factors and procedures to fight effectively against corruption and violence against women in Afghanistan.
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Attorney General (AG) Hamidi officially opened the conference with his speech about commitments of Attorney General’s Office (AGO) towards people of Afghanistan. He expressed the fight against administrative corruption and violation of law (breaking the law) is one of the important priorities of AGO. He highlighted some important measures on fighting administrative corruption in the future, and said, “The first open, just, and transparent court will be held in the judicial center for addressing heavy cases of administrative corruption.”
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Public Trial (Open Trial)
According to Attorney General, AGO will start the fight against administrative corruption from its office. The first open trial of a high ranking prosecutors of AGO will be held soon in the judicial center.
Disclosure
Mr. Hamidi added that AGO will have zero/no tolerance for administrative corruption. Pointing at the prosecutors, he added that they have responsibility to disclose names and full details of whoever interferes in the process of addressing a case and changes the course of implementing justice. He added, “We are still in the first step. There are many problems and challenges ahead of us. We would like to prevent violation of law and hinders to rule of law in Afghanistan.”
Capacity Building
According to the AG, capacity building is another priority for AGO and many efforts taken to build capacity. He continued, “Teaching laws to the staff is a very precious task but we will be serious in having an overview on capacity building process. The prosecutors are required to act independently. We need the capacity building efforts to focus on this specific area.”
Protecting Human Dignity:
The AG discussed important issues like how to behave with clients of Attorney General’s Office and preserving human dignity of the accused. Mr. Hamidi added, “People expect the AGO staff to behave kindly and respect their dignity. I have instructed all of the departments to prepare proper waiting halls for the clients.”
Public Policymaking
According to Mr. Hamidi, AGO undergoes research about cases and fighting crimes. He believes the data and information collected during investigations can help government in the process of public policymaking. He added, “After this, we will be identifying causes and factors of a crime through scientific research and will be supporting governmental programs and strategies in order to decrease the level of crime in Afghanistan. The government, civil institutions, and media can utilize the collected information in building an effective and useful criminal policy to support human rights.”
Maintaining Justice:
Mr. Hamidi spoke about building coordination between AGO and judicial institutions such as Ministry of Justice, Supreme Court, Ministry of Interior Affairs, Supreme Anti-Corruption Office, and Supreme Audit Office. He called AGO an office which is open to criticism and serves the people of Afghanistan. He added, “In order for AGO to interact effectively with society as a judiciary institution, we invited different people from different areas to participate in High Council Meetings. We asked them to point out the problems and insufficiencies of AGO honestly and clearly, so that we can find better and clear solutions and action plans to the existing problems and offer better service.
Access to Justice
Another important issue addressed by Attorney General at the conference was access to justice for women and children as vulnerable members of society. He believes implementation of justice to all the people is one of the important responsibilities of AGO. Women and children are victims of violation of the law in Afghanistan. The AG continued: “Deputy Office of Elimination of Violence against Women, Children Violations, and Human Rights Support is needed for this reason with the support of Afghan government. We are seeking to widen coordination so the people of Afghanistan can have access to justice.”
Women’s Contribution
During the conference, the AG insisted on women’s contribution in AGO. According to him, AGO is making important efforts for women’s participation and contribution to improve their eligibility, competency, and capability to serve. Based on Mr. Hamidi’s statements, women’s participation level in AGO is increased from 3% to 15%. The women hired in AGO for their qualifications, education level, and experience.
President Mohammad Ashraf Ghani spoke at the conference about AGO being like the heart in a human body when compared to other institutions. He believes a sound and healthy heart (Attorney General’s Office) will result in productivity, better performance, and cheerfulness amongst all other organs/members. AGO can have a vital role in moving the country towards rule of law, transparency of system, and good governance. Addressing the prosecutors, the President said, “Justice is the main pillar of an Islamic system and its implementation is not only a professional responsibility but also a religious duty.”
Independency of AGO
President Ghani said his government believed in independent judiciary and had never desired meddling in its affairs and would not allow others to do so.
He stated any kind of meddling in judicial affairs is a crime and the Attorney General preserved the right to put anyone who interfered in its affairs on trial. The President continued, “I, as the president, believe in the independency of judiciary system. I have not meddled in its affairs, am not meddling and will not do so. Political rivalries should not harm the performance of AGO.”
The President believes that effective measures have been taken to curb corruption and now many individuals are hired in the AGO based on their professionalism, qualification, and talent. He added, “I will sign any application which is based on competency and impartiality.”
Gender Equality
Women’s presence in the structure of AGO is another goal of this office. The President expressed gratitude to the efforts of AGO. According to him, gender equality is well considered in the AGO. Establishment of Deputy Office of Elimination of Violence against Women, Children Violations, and Human Rights Support in the organizational structure of AGO was among the issues President Ghani spoke about at the conference. He added, “I am happy that gender equality is being practiced in Attorney General’s Office.”
Salary Increment
The President appreciated reform efforts in AGO and said, “Due to the increased importance of reform in this system, the government welcomes AGO’s efforts to increase salaries and wages of AGO staff. You will soon witness an increase in their salaries and benefits.”
Lack of enough Expert cadres/staff:
Additionally, President Ghani called lack of enough expert staff a big challenge for the AGO. According to him, AGO still suffers from lack of enough expert staff like other judicial institutions. He mentioned there is serious need for training more expert staff in the AGO. The President added, “We have made professional staff a priority. We want to have enough numbers of expert staff to address judicial needs. The slow process of work in AGO is caused by a lack of expert staff. This problem should be dealt with.”
Supporting Conference Objectives – AGO’s Goals and Objectives:
Dr. Abdullah Abdullah, National Unity Government CEO, was another spokesperson at the AGO conference. He confirmed the existence of administrative corruption in Afghanistan. He said, “Administrative corruption has taken root in Afghanistan. It needs a lot of hard work and efforts to eradicate it. I assure you the National Unity Government will support implementation of this conference’s objectives to fight against administrative corruption and elimination of violence against women.”
The CEO believes existence of administrative corruption in Afghanistan has negative consequences on the economy, security, and other issues. Dr. Abdullah insisted that existence of violence against women is harmful to the wellbeing of society.
The AGO previously held three conferences of Afghan prosecutors. Many efforts from these conferences identified problems and challenges of AGO and using possible solutions. The 4th National Conference of Afghan Prosecutors continued for three days with a presence of around 300 prosecutors, governmental and non-governmental institutions, and international partners.
Report by: Mohammad Hadi “Royesh”