Administration Development and Reform ............. ............................................. 2 A) Meetings ............................................................................................................. 2 1. Meeting of Chief Justice and Acting Head of the Supreme Court Abdul

Salam Azimi with U.S. Rule of Law Ambassador Hans Klemm and ISAF Rule of Law Director Admiral General Crawford ............................................... 2

2. Meeting of Chief Justice and Acting Head of the Supreme Court with Deputy British Ambassador in Kabul ............................................................................. 3

B) Sixteenth Session of the High Coordination Committee of Judicial Institutions ......................................................................................................... 4

C) Summary of the Reports from the Meetings of the SC High Council ................. 6 D) Progress in Court Administration System ........................................................ 10 E) Holding Oath Taking Ceremony of Judges who are Assigned to Work for

Districts’ Courts ............................................................................................... 10 F) Reports of Provincial Judicial Coordination Meetings: ..................................... 11 Anti Corruption ................................... ................................................................ 15 A) Judicial Activities of Kabul Anti Corruption Primary Tribunal............................ 15 1. Activity Report: .................................................................................................. 15 2. Summary of Verdicts Issued by Kabul Anti Corruption Primary Tribunal.......... 18 B) Activity Report of Kabul Anti Corruption Appellate Tribunal ............................. 19 1. Report ............................................................................................................... 19 2. Summery of Verdicts issued by Kabul Anti Corruption Appellate Tribunal ....... 21 C) Judicial Activities of Anti Corruption Tribunals of the North Zone .................... 22 1. Activity Report of Balkh Anti Corruption Primary Tribunal: ............................... 22 2. Summary of Verdicts Issued by Balkh Primary Anti Corruption Tribunal .......... 23 D) Judicial Activities of Anti Corruption Tribunals of in the North East Zone ........ 24 1. Activity Report of Kunduz Anti Corruption Primary Tribunal: ............................ 24 2. Summary of Verdicts Issued by Kunduz Primary Anti Corruption Tribunal....... 26 3. Judicial Activity Report of Anti Corruption Appellate Tribunal of Kunduz

Province ........................................................................................................... 27 4. Summery of Verdicts Issued by Kunduz Anti Corruption Appellate Tribunal .... 28 Counter Narcotics ................................. .............................................................. 30 A) Report Regarding the Judicial Proceedings of the Primary Court of Counter

Narcotics and Intoxicants, Kabul Province ...................................................... 30 1. Report: .............................................................................................................. 30 2. Summary of the Verdicts of Primary Court of Counter Narcotics and

Intoxicants, Kabul Province ............................................................................. 31 B) Report on Judicial Proceedings of the Appellate Court of Counter Narcotics

and Intoxicants, Kabul Province ...................................................................... 33 1. Report: .............................................................................................................. 33 2. Sample of the Verdicts from the Appellate Court of Counter Narcotics and

Intoxicants, Kabul Province ............................................................................. 34 News events ....................................... ................................................................. 38

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2

Administration Development and Reform

A) Meetings

1. Meeting of Chief Justice and Acting Head of the Supreme Court Abdul Salam Azimi with U.S. Rule of Law Ambassador Hans Klemm and ISAF Rule of Law Director Admiral General Crawford

In this meeting, also attended by General Administration Director of the Judiciary Dr. Abdul Malik Kamwai, His Excellency Chief Justice talked about security of courts and hoped that Judges’ Protection Unit will be able to ensure security of courts and also gradually cover provincial courts as its structure expands. To that end, he extended his gratitude to the U.S. for supporting Judges Protection Unit through Afghan Ministry of Interior. Moving on, His Excellency Chief Justice cast light on achievements in the area of streamlining the judicial processes, anti corruption and establishment of Judges Protection Police Unit for ensuring the security of courts the scope of responsibility of which will be increasing overtime. He also listed the priorities of Afghan Judiciary for the coming five years and considered them important for establishing a firm basis of the judiciary overall and hoped that with the kind support of the international community especially the U.S. the mentioned goals will be achieved in all areas including offices and residential facilities for judges and the courts up to district level. Later on, Mr. Hans Klemm expressed gladness over the improvements and capacity building within Afghan judiciary echoing the commitment

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of his country towards supporting the judicial pillar of the Afghan state as a top priority. He gave assurance that the U.S. Embassy in Kabul will not spare any efforts to coordinate this technical and financial support.

2. Meeting of Chief Justice and Acting Head of the Supreme Court with Deputy British Ambassador in Kabul

On 26/9/2011, His Excellency Chief Justice Abdul Salam Azimi held a meeting with Ms. Catherine, Deputy British Ambassador in Kabul. In this meeting, first His Excellency Chief Justice explained the overall legal and judicial situation of Afghanistan and the resources and opportunities the available to the Afghan judiciary to further its goal of better services to public. He appreciated the aid by the international community for capacity building and increased effectiveness of the Afghan judiciary paying special to the role played by Britain in this area. Also, touching upon challenges, His Excellency Chief Justice stressed that the Supreme Court is strongly committed to tackle corruption and ensure security of courts as its high priorities. He further elaborated that since judicial institutions are the law justice enforcement bodies of the country, therefore support to these institutions by the international community will translate into increased access of people to justice. Subsequently, Ms. Catherine expressed pleasure over the performance and achievements of the Afghan judiciary in spite of the challenges of the past three decades. She added that her country is working towards political stability of the Afghan state including the judiciary within the framework of global cooperation and that it will spare no efforts to address the technical and substantial needs of Afghan judicial institutions.

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B) Sixteenth Session of the High Coordination Committee of Judicial Institutions

The sixteenth session of the High Coordination Committee of Judicial Institutions was held in Kabul on 26/9/2011, presided by Qazawatpoh Bahauddin Baha member of the high council of the Supreme Court and chairman of this committee. The session was attended by representatives of the judicial institutions. The session discussed the agenda items and the following decisions were made in favor of rule of law and standardized performance of judicial institutions: 1. As for the request for guidance of Kabul juvenile primary court in

regard to its lack of territorial jurisdiction in handling cases of minors who are arrested in provinces along with adults on charges crimes against internal and external security, the session clarified that the Supreme Court is working on establishing central primary and appellate courts on crimes against internal and external security. After establishment of these courts, the high council of the Supreme Court will issue an approval determining the lines of jurisdiction concerning cases of crimes against internal and external security, but until that time the Attorney General’s Office will be forwarding such cases to the high council of the Supreme Court for consideration.

2. Regarding the concern raised by Kabul juvenile primary court about inquiry of juveniles by National Directorate of Security or MoI’s Counter terrorism Department on charges of terrorist activities, treason or drug trafficking in absence of prosecutor, it was clarified that one of the conditions of validity of court verdicts is ensuring that the detection, inquiry and prosecution processes of the case were in accordance with law. Thus, inquiry is the responsibility of the prosecutor and the prosecutor should be present in all inquiries from suspects.

3. As for the concern of Kabul juvenile primary court regarding the act of refusal by courts of cases pertaining to adults who were underage at the time of committing the crime, the committee advised that such cases should be handled by ordinary courts.

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4. Regarding the inquiry of Afghan Independent Human Rights Commission on the application of Presidential amnesty decrees on prisoner, it was explained that prisoners to whom the decrees applies can benefit from such decrees only once a year unless the decree stipulates otherwise.

5. Regarding the complaint of Kabul district 3 primary court that female defendants are not made present before courts in a timely manner, the director general of prisons pledged to scrutinize the negligence of officers regarding this matter; however, in view of the request of general directorate of courts and based on article 42 of the interim criminal procedure code courts were advised to prepare at least their two week schedule in advance regarding holding judicial sessions and also give at least one week notice to prisons directorate to prepare for transportation of defendants and also notify litigants and their defense attorneys. The committee hoped that the courts will take this decision of the committee seriously and prepare their biweekly schedules so that they can emerge as role model for other judicial institutions.

6. Based on the recommendation of Badghis appellate court regarding establishment of forensic medicine branches in provinces for expert viewpoints on age and other medical questions concerning criminal cases, the session called on Ministry of Public Health to open such branches in provinces and staff them with professional female and male staff.

7. As for the suggestion of deputy justice minister regarding release of persons who complete their term in prison based on final court verdict but they are still kept in prison for reason of not compensating the loss or lack of guarantor while the Afghan Constitution stipulates that being in debt is not considered a cause for continuing to deprive a person from his/her freedom, it was clarified that the final court verdict is binding i.e. unless the court verdict states otherwise, the prisons directorate can notify the attorney general’s office of completion of the imprisonment term of a person and subsequently release him/her. As for returning of debts, and its related legal matters, however, judicial institutions shall take legal actions up to and including preparing a new case

6

and initiation of new court proceedings in case the person refuses to fulfill his legal obligations.

8. Based on the request of Dr. Suraya Sabhrang, AIHRC commissioner the legal provisions regarding the issue of run away from home was discussed and it was specified that the reasons and circumstances for the family violence which results to the run away from home is not considered a crime in any of the courts in the world and keeping in mind the legal conditions this issue will be under the consideration of the courts. It was once again pointed out that article 42 of the law on elimination of violence against women does not restrict decrees of the president in regard to forgiveness and decrease of punishment and therefore it is nullified.

9. In order to avoid the load of criminal cases in different sections of the Supreme Court and Attorney General Office, in the coordination meeting it was requested by Mr. Nazari, deputy attorney general to avoid pursuing some of the ordinary criminal cases up to the Supreme Court level which do not have intentional bases and social values so that there is no waste of resources and time of the two organs. Mr. Nazari has promised to cooperate in this regard.

C) Summary of the Reports from the Meetings of the SC High Council

Meetings Dated 20/09/2011 and 27/09/2011 During the meetings of the SC high council which have been held from 20/09/2011 to 27/09/011 under the chairmanship of His Excellency the chief justice and acting head of the Supreme Court the issues included in the agenda have been discussed. The following is summary of the decisions: First the report from Mr. Muhammad Naseem Alimi, member of the Supreme

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Court regarding evaluation of the report from the judicial inspection department in regard to the performance of the primary court of Kabul province was heard and based on that members from the directorate of deeds including one of the clerks of this department was given advice due to duty violation. Similarly the report from the inspection department along with the comments of the research and studies department regarding the performance of the primary court was approved. Based on the report of the mentioned departments some judges of the appellate court Badghis province were given warning due to the violation of the duties which is related to their performance of the year 2009. In regard to the assessment of judicial and administrative performance of 2006 – 2008 of the appellate court Balkh province it was instructed that judicial inspectors who were involved in this process should participate in the next meeting of the high council in order to explain the process. Regarding a criminal case from the criminal section of appellate court Parwan province, it was suggested that should come to the next meeting and answer questions. In order to solve the criminal cases of the military personnel of Daikundy province it was instructed that directorate of the military appellate court of the Supreme Court should send a group of judges from the military primary court of Bamyan province to this place in order to solve the case. In these meetings necessary guidance were also given regarding some of the requests for guidance. Meeting Dated 04/10/2011 The Supreme Court high council’s meeting was held on 04/01/2011 under the chairmanship of Mr. Bahauddin Baha, deputy of the Supreme Court in which the issues included in the agenda came under discussion. First the council has reviewed the reports from the directorate of judicial

8

inspection and also the views related to the judicial and administrative performances of primary court and department of deeds 2nd district of Kabul city in the year 2010 and performance of appellate courts of Badakhshan and Kundoz provinces in the year 2009 as well. They have given instructions to the general administration directorate of the judiciary to reward the concern judges. Disciplinary actions have been suggested against the judges of these courts whose duty violations have been specified. Finally some of the requests for guidance were also reviewed which were received from the judicial and non judicial organs. Meetings Dated 11 & 12/10/ 2011 The Supreme Court high council’s meeting was held on 11&12/10/2011 under the chairmanship of Mr. Abdul Salam Azimi the Chief justice and acting head of the Supreme Court in which the issues included in the agenda came under discussion. In this meeting first His Excellency has given information about his trip to UK, he added that every year the British government starts its new judicial year in the presence of one third of the judges, some chief justices and ministers of justice from other countries in which for the first time the Chief Justice of Afghanistan was also invited. At the sideline of this ceremony His Excellency also met with the authorities from the ministry of justice and the supreme court and discussed issues related to the judicial system, activities, achievements, plans and previous strategic programs and priorities of the judiciary which was interesting for them and they expressed their commitments to extend cooperation in order to strengthen and improve the activities of judicial organs in Afghanistan. Keeping in mind the interest of Turkey in regard to judicial cooperation between the two countries, the protocol of cooperation between the Supreme Court and ministry of justice of Turkey which includes

9

strengthening of relations, meetings and exchange of judicial publications, providing exposure visits and training programs, study and research cooperation and study of commercial law and explanation of commercial laws were approved and the general directorate of administration was instructed to send the draft of the protocol to the Turkish authorities through the Ministry of Foreign Affairs. The bribery case in which the head and two previous judges of the primary court of Bagramy district are accused was reviewed and the decision was postponed for the next meeting in order for the AG and his deputy to investigate and get more details about the case. The report from judicial investigation department and views of the research and studies department regarding the judicial performances of the courts in Balkh province in the year 2009 was reviewed and as a result the decision about violation of some of the judges regarding the cases have been referred to the divisions of the Supreme Court for final decision but in order to investigate from the head and two previous members of the deeds department of that court, it was instructed that the members of the investigation team should be proposed to the next meeting of the high council. Also the reports form judicial investigation department and views regarding the performances of the year 2010 of appellate court paktia province, performances of public security sections and public security of appellate court Balkh province in regard to a specific case were reviewed and necessary instructions have been given for the improvement of the affairs. Keeping in mind the proposal of the attorney general office in regard to the extradition of a murder suspect to Iran who has been identified as an Afghan citizen it was decided that the process should be completed based on the protocol signed between Iran and Afghanistan. In these meetings some of the cases related to the review, change of court and requests for guidance received from appellate courts of the provinces and also views of the inspection, research and study departments of the Supreme Court regarding the solution of some cases were reviewed and decisions were taken about each issue.

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D) Progress in Court Administration System

In terms of reform and mainstreaming of judicial performances, the Supreme Court of IRA revised and assessed the courts’ administration system. Following that, Procedure on Courts’ Administrative System was adopted and was approved and is pervasive as an approval of the High Council of the Supreme Court after it was carefully reviewed in the High Seminar of Chief Justices held on 3-8 Oct 2007. During the current year based on the proposition of the DPK and approval of the Supreme Court, a joint committee composed of Mohammad Osman Zobal, Head of Research and Studies Department, Dr. Abdullah Attai, Head of Judicial Education Center, Mir Nasiruddin Kalim Zewari, Head of Commercial Division of Kabul Appellate Court, some officials from branches of Research and Studies Department, Head of Public Rights Division of District 1 Primary Court Kabul, Tim King, Chief of Party DPK RLS-Formal and a number of senior advisors of the project. The aim of forming the due committee was to assess the procedure together with performances related to statistics and submit outcomes to the High Council of the Supreme Court. The report of Research and Studies Department shows that the committee has set up meetings once a week and has carefully assessed the issue of Administrative system of Courts as well as procedure of judicial statistics. It is hoped that the program will be beneficial in legitimizing administrative courts’ system and would have the desired outcomes.

E) Holding Oath Taking Ceremony of Judges who are Assigned to Work for Districts’ Courts

57 judges, who have got judicial appointment for districts’ Courts based on courts’ recruitment regulation, took their oath

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today afternoon. High rank officials including Abdul Salam Azimi, Chief Justice and Acting Head of the Supreme Court, participated in this ceremony. The ceremony was commenced by reciting a few verses from the Holy Quran. Afterwards, His Excellency Mr. Azimi delivered a speech as follow: It is a matter of great pleasure that a step toward development is taken by the SC of IRA and judges are assigned to work in 29 districts of provinces where judges are lacking. As based on various factors social inequities and violation of individuals’ rights of the society are existing, and supporting individuals’ rights are at its top priority and it is required that people should have better access to rule of law. People have spent all of their available sources educating children of this country and expect them better services, thus the role of judicial organs is of paramount importance in this regard. Judges should be committed to work for their country by having great judicial conduct because our people want to obtain their rights thorough out the history. The Chief Justice also added that Afghanistan is at its most severe situation and the young judges are expected to work with great patience, pity and judicial knowledge. If judges are not ready to do so, others cannot give them the position, they should have special place in the people’s hearts. The Holy Prophet Mohammad (PBUH) has said that endowing money is not the only way to reach people but Allah has given another thing to the people which can never finish and can bring about respect, which is good behavior. We should keep our good behavior as a criterion for our day to day activities. At the end of his speech the Chief Justice supplicated Allah for the new judges so that they reach their desired objectives within the scope of the Islamic Sharia Law.

F) Reports of Provincial Judicial Coordination Meetings:

Various Judicial Coordination Meetings were held in Farah, Badghis, Parwan, Herat, Panjshir, Saripul, Kandahar, and Badakhshan from 27-8-2011 till 11-10-2011. Members from judicial organs as well as national and international organizations participated in the meetings. The coordination meetings were held at the appellate Courts of the

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mentioned provinces. The following issues were discussed during the meetings:

� In some cases arrests of suspects have been ambiguous at the crime scene and reasons for accusations as well as evidences have not been clear, the prosecutors should be attentive in this regard.

� Minors and women suspects who are referred to the hospitals for age determination through an inquiry, attention of the Health Department was obtained in this regard.

� It was insisted that prisoners with injuries who are referred to the hospitals should be accompanied by a prosecutor.

� Regarding prisoners suffering from refractory diseases that doctors have given their idea about were discussed. Concerns of Prison Department regarding lack of resources for treating the mentioned patients as well as refusal of the hospital to treat the patients due to security reasons were heard.

� Legal cases existing between individuals and department of state cases north of Qalai Naw Sea.

� Problem of default cases in Badghis and lack of Defense Lawyers for the default accused.

� Difficulty of transferring prisoners from districts to provincial capital due to insecurity in Badghis province.

� Lack of technical equipments such as branch of forensic medicine, finger printing skills, and collecting evidences from crime scenes in Badghis Province.

� Enhancing legal capacity of judicial employees in terms of collecting evidences as well as good manner with litigants.

� Lack of convenient place for holding meetings.

� Promises of representative from US Department of State on fulfilling some of the technical and constructional problems in Badghis Province.

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� As Court issues its verdicts based on experts’ view and material instruments, thus the Police Headquarter in Parwan was instructed to pay attention in this regard.

� As the basis of investigation is scrutinizing, thus police were guided to complete documents of scrutinizing within a legal time limit and submit them to the prosecutor’s office together with the suspects.

� Determining identity of suspect or accused and attaching his/her photo are important, this should be carried out through legal organs.

� Warrants issued by Parwan Court for arresting suspects are not thoroughly considered by Police Headquarter, it was insisted that special attention should be taken in summoning suspects.

� Attention of the Police Headquarter was drawn regarding accused who are not summoned through continuous warrants.

� Discussions took place regarding not expressing clear view of Emergency Hospital of Anaba District Panjshir Province in response to the inquiry. Especially in cases of injuries in which their response is not understandable or for cases in which different views are given. Request from Health Department on lack of attention by hospitals of that province.

� While the prosecutor’s office sends some files to courts, the court appointed lawyers are not coming to follow these files, it should be specially considered.

� Court appointed attorneys do not carry out their duties as expected.

� Lack of assistance from Saripul Police Headquarter in terms of summoning suspects or accused.

� Managing Kandahar prison and taking decisions on determining destiny of prisoners.

� Guiding property representative of Kandahar province to choose envoy for fixing price of land.

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� Area name should be included in propositions sent to Badakhshan Court on searching houses.

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Anti Corruption

A) Judicial Activities of Kabul Anti Corruption Pri mary Tribunal

1. Activity Report:

From 16/08/2011to 02/10/2011, Kabul anti corruption primary tribunal has handled a total of 43 corruption related cases out of which 15 cases were rejected to the concerned entities due to investigation flaws, incomplete legal process or lack of subject matter jurisdiction while another 28 cases were handled. While handling these cases, 90 individuals were trialed on charges of administrative corruption and sentenced to the following punishments:

� Twenty three persons were acquitted

� Eight persons were sentenced to short term custodial imprisonment (6 months to 1 year)

� Thirty nine persons were sentenced to medium term custodial imprisonment (1 – 5 years)

� Twelve persons were sentenced to long term custodial imprisonment (10 – 15 years)

� Six persons were sentenced to cash fine only

Three of the convicts were women and another 64 men.

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Table #1: Activity report of Kabul anti corruption primary tribunal (2/10/2011 to 16/8/2011)

Judicial Decision No. of Accused

No. of C

ases

Case Type

No

Am

ount of Cash F

ine (in A

FN

)

No. of C

onvictions to C

ash Fine

No. of Convictions to Custodial

Imprisonment

No. of Accused

Acquittals

Fem

ale

Male

15-10 years

5-10 years

1-5 years

6 months – 1 year

Fem

ale

Male

56416193 2 9 7 1 2 17 7 2 24 12 Embezzlement 1

149771 6 3 25 5 1 38 15 1 53 20 Misuse of Official Authority

2

668000 5 5 1 6 4 Bribes 3

2 2 2 1 Counterfeit 4

10000 2 2 2 1

Bribes and Misuse of Official Authority

5

57243964 6 2 12 39 8 3 64 23 3 87 28 Total

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Table #2: Judicial rulings by Kabul anti corruption primary tribunal (from 5/9/2011 to 2/10/2011)

Cases Referred by Judicial Ruling to the Concerned Entities for Completion of Investigations

Concerned Entity

Cause for Issuance of Judicial Ruling

No. of A

ccused

No. of C

ases

Case Type

No.

Lack of Jurisdiction

Incomplete

Legal P

rocess

Incomplete

Investigation

Respective Prosecution Department 1 3 1

Misuse of Official Authority 1

Respective Prosecution Department 1 4 1

Misuse of Official Authority 2

Respective Prosecution Department

1 3 1 Misuse of Official Authority 3

Respective Prosecution Department 1 4 1

Misuse of Official Authority and Embezzlement

4

Respective Prosecution Department 1 1 1 Dereliction of Duty 5

Respective Prosecution Department

1 3 1 Embezzlement and Dereliction of Duty

6

Respective Prosecution Department 1 1 1

Embezzlement 7

Respective Prosecution Department 1 1 1

Embezzlement 8

Respective Prosecution Department

1 2 1 Embezzlement

9

Respective Prosecution Department 1 1 1

Embezzlement and Counterfeit 10

Respective Prosecution Department

1 1 1 Bribes 11

Respective Prosecution Department 1 2 1 Bribes 12

Respective Prosecution Department 1 1 1

Document Counterfeit

13

Respective Prosecution Department 1 3 1 Document

Counterfeit 14

2 5 7 30 14 Total

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2. Summary of Verdicts Issued by Kabul Anti Corruption Primary Tribunal

Verdict Dated 26/8/2011 One of the managers of Kabul Education Department asked a client for bribes but the client reports the matter to National Directorate of Security. Thus national security officers arrested the suspect red handed while taking 212 USD in bribes. After completion of investigation, the case was referred to Kabul anti corruption primary tribunal and handled in its session dated 26/8/2011. The tribunal convicted the accused and sentenced him to one year custodial imprisonment and cash fine of 212 USD based on article 255 (1) and article 145 (2) of the penal code and article 400 of criminal procedure code. Verdict Dated 7/9/2011 One of the residents of Ghorband district of Parwan province notified Judicial Control and Investigation Department of the Supreme Court that he brought 3 Jerib (6000m2) land in Butkhak area part of Bagrami district of Kabul province from a local resident. While processing the land deed, he was asked for 400,000 AFN in bribes by staff at finance and properties unit of the mentioned district and they finally agreed on 200,000. The Supreme Court assigned a team to take care of the situation. The team gave him 3200 USD marked banknotes to pay to the official who asked for bribes. Thus, the claimant gave the money to the finance manager of Bagrami district on 16/7/2011. The money was then found in the drawer of the manager’s desk in a search conducted in presence of Bagrami district chief in the finance manager’s office and so the finance manager and property manager of the mentioned district were arrested. After completion of investigation, the case was referred to Kabul anti corruption primary tribunal and handled in its session dated 7/9/2011. The tribunal convicted both of them and sentenced each of them to two year custodial imprisonment and cash fine of 3200 USD based on article 255 (1) of the penal code.

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Verdict Dated 5/9/2011 Afghan Ministry of Education received 4944700 USD donation from World Bank, 113983 USD from UNICEF, 18826 USD from Denmark, 16000 USD from Denmark again and 45460 USD from World Bank. However, expense of 95487 USD was not reported to the donor for which reason the director of donations unit of Ministry of Education was arrested. After completion of investigation, the case was referred to Kabul anti corruption primary tribunal and handled in its session dated 5/9/2011. The tribunal convicted the accused and sentenced him to 11 years custodial imprisonment and cash fine of 95487 USD based on article 268 (1) and article 273 of the penal code and article 46 of criminal procedure code.

B) Activity Report of Kabul Anti Corruption Appella te Tribunal

1. Report

From 23/8/ 2011 to 28/9/ 2011 Kabul anti corruption appellate tribunal has handled 11 cases related to administrative corruption putting 22 accused on trial on charges of misuse of official authority, embezzlement, bribery, counterfeit and extortion, out of whom 3 were acquitted while another 19 were sentenced to following punishments:

� Ten persons sentenced to imprisonment between 1 and 5 years

� One person sentenced to five years and two months

� Eight persons sentenced to cash fine only

� Some convicts were sentenced to cash fine in addition to imprisonment

� The total value of cash fine amounted to 13706 USD.

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Table #3: Activities of Kabul anti corruption prima ry tribunal from 23/8/2011 to 28/9/2011):

Judicial Decision No. of Accused

Case Type

No.

Total C

ash Fine (in

US

D)

Cash F

ine C

onvictions

No. of Convictions to Custodial

Imprisonment

No. of A

ccused

Acquittals

Fem

ale

Male

5 years 1-5 years

255$ 1 1 1 Misuse of Official Authority 1

1 1 1 Misuse of Official Authority 2

1787$ 7 7 7 Misuse of Official Authority 3

7686$ 1 1 1 Embezzlement 4

1 1 Embezzlement 5

2978$ 1 1 1 Bribery 6

500$ 1 1 1 Bribery

7

500$ 1 1 1 Bribery

8

2 2 1 3 Counterfeit 9

15000$ 3 3 1 4 Counterfeit 10

36331$ 1 1 1 Illegal Arms Possession 11

695601$ 8 1 10 19 3 0 22 Total

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2. Summery of Verdicts issued by Kabul Anti Corruption Appellate Tribunal

Date: 27/7/2011 Three years of custodial imprisonment due to misuse of authority: Five police officers of 11th police district were arrested due to embezzlement misuse of authority. After completion of the investigations, the case was submitted to Kabul Anti Corruption Primary Tribunal. Based on article 268 (2) of the Interim Criminal Procedure Code and article 155 of the Penal Code, each of the accused was sentenced to five years and one month custodial imprisonment, refund of the embezzled amount and an equivalent cash fine. Due to appeal of the convicts, the case was reopened by Kabul AC Appellate Tribunal. During a public session on 5/5/2011, the appellate tribunal amended the verdict of the lower tribunal due to committing mistake in application of the laws. The appellate tribunal, based on article 42 (1)of military law, convicted one police officer to three years of custodial imprisonment and suspended the case of the remaining accused, whom were convicted on a default decision of the court, till they are summoned and brought before the tribunal. Date: 28/8/2011 Three years of custodial imprisonment due to embezzlement of 7686 US$ The head of insecticides depot of Department of Agriculture of Parwan Province was arrested due to embezzlement of 7686 US$ for illegal selling of insecticides and sulfur powder. After completion of the investigations, the case was submitted to Public Security Division of Parwan Appellate Court. Based on article 268 of the Penal Code, the accused was sentenced to three years of custodial imprisonment. Due to appeal of the convict, the case was reopened by Kabul AC Appellate Tribunal. During a public session on 28/8/2011, the appellate tribunal amended the verdict of the lower tribunal. The appellate tribunal, based on article 145, 268 and 273 of Penal Code, convicted

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the accused to three years and six months of custodial imprisonment, applicable from the date of arrest, refund of embezzled amount and an equivalent cash fine. Date: 28/8/2011 Two years of custodial imprisonment due to bribery of 2978US$ General Director of Department of Transportation of Parwan Province received an amount of 2987 US$, as bribe, to pass someone in the grading exam, conducted by Civil Service Commission, for the post of head of transportation management. The victim informed the National Security Directorate, based on which the NDS marked the amount of money and let the victim submit the money to the general director. While receiving the demanded amount, the NDS personnel caught the culprit red handed on 12/6/2011. After completion of the investigations, the case was submitted to Kabul AC Primary Tribunal, which convicted the accused to two years of custodial imprisonment. Due to lack of consent of the prosecution’s office, the case was reopened by Kabul AC Appellate Tribunal. During a public session on 28/8/2011, the appellate tribunal verified the verdict of the lower tribunal and, based on article 255 (1) of Penal Code, convicted the accused to two years of custodial imprisonment, applicable from the date of arrest, refund of embezzled amount and an equivalent cash fine.

C) Judicial Activities of Anti Corruption Tribunals of the North Zone

1. Activity Report of Balkh Anti Corruption Primary Tribunal:

The Anti Corruption Primary Tribunal has handled 20 corruption related cases from 21-05-2011 – 7-9-2011, 20 persons were accused in committing these crimes who were convicted as below:

� 12 persons 1-5 years of custodial punishment

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� 1 person 5-15 years

� 7 persons were convicted to cash fines

The total amount of cash fines received as a result of convicting the accused reached an amount equaling 86148 USD. Table #4: the following table shows more details ab out cases handled by Balkh Anti Corruption Primary Tribunal:

Judicial Decision No. of accused

Case Type

No

Total amount of cash fine in USD

No. of convicts to custodial imprisonments

and cash fines No. of Acquittals

Female Male

Cash fine 5 year 1-5 year

$60000 1 1 Embezzlement 1

$212 1 1 Power misuse 2

3

3 Duty negligence 3

3 3 Power misuse 4

2

2 Taking bribe 5

$1276 6 1 7 Power misuse 6

1 1 Power misuse 7

1 1 Power misuse 8

1 1 Taking bribe 9 $ 61488 7 1 12

20 Total

2. Summary of Verdicts Issued by Balkh Primary Anti Corruption Tribunal

Verdict dated 05/04/2011: In Khanjar district of Faryab province, there was a conflict between two persons and they both turned to district Police Department, the Crime Investigation Officer asked them a bribe of 250 USD. One of the litigants informed the NDS; they arrested the officer at the spot of taking bribe.

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The mentioned case was submitted to the Balkh Anti Corruption

Primary Tribunal after completion of the legal investigations. The court

handled the case during its session dated 5/4/2011, as a result

according to article 225 of the Penal Code the accused was sentenced

to 2 years and 6 months custodial imprisonment and refunding 250

USD equaling the amount taken in bribe.

D) Judicial Activities of Anti Corruption Tribunals of in the

North East Zone

1. Activity Report of Kunduz Anti Corruption Primar y

Tribunal:

The Anti Corruption Primary Tribunal has handled 28 corruption

related cases from 02-07-2011 – 2-10-2011. Out of the mentioned

cases 10 were reversed to respective organs due to defects and

verdicts were issued for the remaining 18 accused. While handling the

mentioned cases 29 persons were tried, out of whom 8 were acquitted

and 21 were sentenced to the following terms of custodial

imprisonment:

� 12 persons 1-5 years

� 6 persons 2 months – 1 year

� 3 persons 3-10 years

� Along with imprisonments some accused were convicted to

cash fines as well.

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Table #5: The following table shows more details ab out cases handled by Kunduz Anti Corruption Primary Tri bunal:

Judicial Decision No. of accused N

o. Cases

Case Type

No

Amount of cash fines

in USD

5 – 10 years

1 month- 1 year

1-5 years No. of

convicts No. of

acquittals

Fem

ale

Male

Fem

ale

Male

3

5

8 1

9 5 Power misuse 1

1 1 3 4 2 Embezzlement 2 638 1 1 2 2 2 Bribe 3

1 1 1 1 Counterfeit 4

3 3 3 3 Negligence of Duty 5

4

4 1 Theft 6

170 2 2 2 1 Losing of file 7

1 1 1 1 Illegal Documents 8

2 2 2 1 Taking illegal salaries 9 127 1 1 1 1 Illegal proceeding 10 935 3 6 12 1 20 8 1 28 18 Total

Table #6: Followings are the Organs where Anti Corr uption Related Crimes have Taken Place

No.

Accusation Type

CSO AWCC Transport Education Dept. Police Development

of Services Hoqoq Dept. Municipality

No. of cases

No. of accused

No. of convicts N

o. of cases

No. of accused

No. of convicts

No. of cases

No. of accused

No. of convicts

No. of cases

No. of accused

No. of convicts

No. of cases

No. of accused

No. of convicts

No. of cases

No. of accused

No. of convicts

No. of cases

No. of accused

No. of convicts

No. of cases

No. of accused

No. of convicts

1 Embezzlement 1 3

Acquittal

1 3 3

2 Stealing cards

1 4 3

Illegal proceedings &

1 1 1

4 Taking illegal salaries & embez.

4 6 6

5 Power misuse 8 13 12 6 Losing file 1 2 2 7 Bribe 1 1 1

The above table shows that most of the crimes have taken place in police organs, where police have misused their power. In the second step the crime graph of education dept. is also high.

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2. Summary of Verdicts Issued by Kunduz Primary Anti Corruption Tribunal

Verdict dated 2/10/2011 A woman took National ID from Population Registry Office using the name of another woman and was employed at the Police Headquarter of Takhar Province by the new name. After few years of employment, the woman whose name was being misused complained and the issue followed and the woman was accused to counterfeiting documents and using counterfeited documents. The case was submitted to Kunduz Anti Corruption Primary Tribunal. The mentioned court handled the case during its session dated 2/1/0/2011 and finally the criminality of the accused was substantiated. Considering her social and economical circumstances, according to amended provision of article 314 of Penal Code, the woman was convicted and sentenced to 6 months of imprisonment and according to amended provision of article 316 of Penal Code she was sentenced to 1 year of custodial imprisonment. As she was a military employee, according to article 10 of Military Law it was ordered that she needs to pass prison term at the Military Unit where she worked. Verdict dated 15/08/2011 A convict who was sentenced to 16 years of imprisonment by Baghlan Courts escaped along with a guard from Khinjan District of Baghlan Province during night. The jailor of the mentioned prison was arrested and accused with duty negligence and not heading to the prison at the time the prisoner escaped. The case was submitted to Anti Corruption Primary Tribunal of Kunduz province, during its session dated 15/8/2011 accusation of the jailor was substantiated. According to article 42 of Military Law they convicted and sentenced the accused to 3 years of imprisonment and according to article 8 of the mentioned law his imprisonment was suspended and was convicted to sending to one of military units.

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3. Judicial Activity Report of Anti Corruption Appe llate Tribunal of Kunduz Province

Since beginning of its activities till 31/5/2011, the Anti Corruption Appellate Tribunal of Kunduz Province has handled and issued verdicts for 49 criminal cases. These cases involved 101 accused, as a result of handling 29 of the mentioned accused were acquitted and 70 were convicted to the following terms of imprisonment:

� 7 persons convicted to short term imprisonment.

� 20 persons convicted to mid term imprisonment.

� 2 persons convicted to 5-10 years of imprisonment

� And 43 persons were sentenced to cash fines.

Table #7: show cases handled by Kunduz Anti Corrupt ion Primary Tribunal

(2/7/2011 – 2/10/2011)

Judicial Decision No. of accused N

o. of Cases

Case Type

No

Total cash fine in USD

No. of convicts sentenced to custodial imprisonment N

o. of acquittals

Fem

ale

Male

Cash fines

10-15 years

1-5 years

1 day-1 year

16305$ 22 2 2 3 8

37 16 Embezzlement 1

$ 1148 1 3 4 4 Bribery 2

8

8 2 Money waste 3

2

2 2 Counterfeit &

Forgery 4

$ 330053 17

12 2 12

45 22 Power misuse 5

1 1 1 Duty Negligence 6

$ 319 3 3 1 Fraud in transactions

7

1 1 1 Exceeding authority 8

$ 347825 43 2 20 7 29 0 101 49 Total

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4. Summery of Verdicts Issued by Kunduz Anti Corruption Appellate Tribunal

Verdict dated 3/5/2011 In Shahabuddin village Dahni Ghori district of Baghlan province, a cashier from NSP Village Council was arrested in connection with embezzling 3829 USD and 1346 kg of metal bars that belonged to the respective Council. The case was submitted to Anti Corruption Primary Tribunal of Kunduz Province after the initial investigations were completed. The court looked into the case during its session dated 1/7/2011 and issued a verdict on release acquittal of the accused. Due to dissatisfaction of the relevant prosecutor the case was turned to appalling, and was submitted to Balkh Anti Corruption Appellate Court, during its session dated 3/5/2011 according to article 268 of the Penal Code the mentioned Court convicted the cashier and sentenced him to 6 years of custodial imprisonment. For the crime of counterfeiting according to article 156 of Penal Code the accused was convicted and sentenced to 6 years of custodial imprisonment. Verdict dated 12/7/2011 An engineer from salt and chalk mine as well as head of the mine were accused of embezzling 35700 kg of salt valuing 2487 USD, and from some bills the embezzled amount was found. The head of the mine was arrested in connection with the crime commitment. The case was submitted to the Primary Court of Takhar Public Security Division, after the initial investigations were completed, the court looked into the case during its session dated 11/7/2011 and convicted the accused to 2 months of custodial imprisonment. Due to dissatisfaction of Takhar prosecutor the case was referred to appalling, and was submitted to Takhar Appellate Court, the second Court approved the decision taken by the Primary Court. After that documents of the case were transferred to Public Security Division of Supreme Court. Based on its judicial ruling number 1153 dated 11/12/2009 and according to article

29

39 of Penal Code and reliance on article 268 of the mentioned law the accused was sentenced to an imprisonment term of 2 years and according to the demand of prosecutor based on article 273 of the Penal Code the accused was also convicted to 413 USD cash fine.

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Counter Narcotics

A) Report Regarding the Judicial Proceedings of the Primary Court of Counter Narcotics and Intoxicants, Kabul Province

1. Report:

From 08/08/2011 to 21/09/2011 the Primary Court of Counter Narcotics and Intoxicants, Kabul Province has worked on 57 cases related to narcotics and issued decisions about them. A total of 57 accused have been put on trial among them 2 accused have been acquitted and 55 of them were given punishments which are as follow:

� 1 to 5 year imprisonment, four people

� 5 to 10 year imprisonment, six people

� 10 to 15 year imprisonment, fourteen people

� 16 to 20 year imprisonment, thirty one people

These accused were only sentenced to imprisonment not cash fine.

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Table #8: Report of the Primary Court of Counter Na rcotics

and Intoxicants, Kabul province from 08/08/2011 to 21/09/2011

Chart of Counter Narcotics Primary Court for the Ye ar 1390

Court Decisions

No of P

eople A

ccused A

mount of

Substance in K

g

No of C

ases

Type of Substance

No

No of Custodial Imprisonments N

o of People

Convicted

No of P

eople A

cquitted

15-20 Years

10-15 Years

5-10 Years

1-5 Years

21 11 2 34 1 35 5801,694 35 Opium 1

9 2 1 12 12 503,97 12 Heroin 2

1 1 2 2 32 2 Morphine 3

1 1 1 240 1 Chemical Substance 4

1 1 1 Taking Bribe and Release of

Smugglers 5

1 1 1 1 Poppy Cultivation 6

2 3 5 5 1155,918 5 Alcoholic Beverages 7

31 14 6 4 55 2 57 7733,282 57 Total

2. Summary of the Verdicts of Primary Court of Counter Narcotics and Intoxicants, Kabul Province

Verdict Dated: 13/09/2011 Conviction of a Person for Smuggling of 767 Liter A lcoholic Beverages Based on a report the personnel of counter narcotics department of Kabul police headquarter have entered into a house along with a representative from the attorney general office and the neighborhood representative. As a result of the search they found 767 Liters of

32

alcoholic beverages from the house. After the completion of investigation the case was referred to the primary court of counter narcotics, Kabul province. Based on article 45, clause 6, paragraph 1 of the law on counter narcotics and intoxicants the primary court has sentenced the accused to ten years and six months custodial imprisonment for keeping 767 Liters of alcoholic beverages and also based on article 16 of the same law has ordered for the abolition of the substance. Verdict Dated 07/09/2011 Ten Years Imprisonment for Smuggling 21 Kg Morphine Police of Nah-re-Saraj district of Helmand province in assistance with the ISAF forces searched the house of one of the suspects in Tajikaan village on 29/05/2011 and found 1 Kg opium and 21 Kg morphine. They have arrested two people in connection with this case. After the completion of the investigation the case was referred to the primary court of counter narcotics Kabul province. Based on article 50 of the law on competence and jurisdiction of the courts, article 42, clause 5, paragraph 1 of the law on counter narcotics and intoxicants and with the consideration of clause 2 of the same article and article 29 of the penal code the primary court has sentenced each accused to 10 years custodial imprisonment for smuggling 21 Kg morphine. Also based on article 43, clause 4, paragraph 1 of the law on counter narcotics and intoxicants and with the consideration of article 156 of the penal code the court has sentenced each accused to two years custodial imprisonment for smuggling 1 Kg opium. Finally based on article 16 of the law on counter narcotics and intoxicants the court has ordered for the elimination of the substance. Verdict Dated 17/08/2011 Three people who were accused of smuggling 52.800 K g opium have been arrested by the personnel of the po lice headquarter Badakhshaan province The personnel of Badakhshan police headquarter searched one of the two cars that they had stopped and as a result found 52.800 Kg opium. Three people have been arrested in connection to this. After the

33

completion of the investigation, preparation of the indictment and filing of the case, the issue has been referred to the primary court of counter narcotics and intoxicants Kabul province. The primary court based on article 43, paragraph 1, clause 6 of the law on counter narcotics and intoxicants and article 63 of the same law has sentenced each accused to 14 years custodial imprisonment for smuggling 52.800 Kg opium. One of these three people were given a cash fine of AFN 3000 for not having driving license based on article 66 of the traffic law and also he was given a cash fine of AFN 2000 for not having the car documents based on article 61 of traffic law and article 158 of the same law. Based on article 19 of the law on counter narcotics and intoxicants orders have been issued for the confiscation of the two cars and cell phones which were taken from the accused. Orders have also been given for the elimination of 52.800 Kg opium.

B) Report on Judicial Proceedings of the Appellate Court of Counter Narcotics and Intoxicants, Kabul Province

1. Report: The appellate Court of Counter Narcotics and Intoxicants, Kabul Province has worked on 54 criminal cases related to different types of narcotics and also issued verdicts about them. A total of 92 accused have been tried and given sentences which are as follow:

� Five people have been sentenced to 1- 5 years imprisonment

� Three people have been sentenced to 5-10 years imprisonment

� Twenty five people have been sentenced to 10-15 years imprisonment

� Fifty nine people have been sentenced to 16-20 years imprisonment

Some of the accused have also been given cash fines.

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Table #9: Statistics in regard to the Judicial Proc eedings and Punishments Issued by the Appellate Court of Co unter Narcotics and Intoxicants, Kabul Province From 23/0 7/2011 to 2109/2011

Appellate Chart of Narcotics Kabul Province

Court’s Decisions No of A

ccused

Amount of Substance

in Kg

No of C

ases

Type of Substance

No

Total of Cash

Fines in US$

No of Custodial Imprisonment N

o of P

eople S

entenced

15-20 Years

10-15 Years

5-10 Years

1-5 Years

31 11 3 45 45 9070,537 26 Opium 1

21489$ 22 6 28 28 4229,963 14 Heroin 2

2 7

9 9 3584,81 6 Hashish 3

1

1 1 161,19 1 Morphine 4

1 1 1 750,58 1 Acid 5

1 1 1 180 1 Sulphoricacid 6

3 1 3 7 7 11,029 5 Alcoholic

Beverages 7

21489$ 59 25 3 5 92 92 17988,109 54 Total 6

2. Sample of the Verdicts from the Appellate Court of Counter Narcotics and Intoxicants, Kabul Province

Verdict Dated 26/07/2011 Twenty Years Imprisonment for Smuggling 19.150 Kg Morphine On 09/05/2011 the personnel of the first district police station saw a suspected person. After the body search they found 19.150 Kg Morphine and arrested the suspected person. After the completion of the investigation, the case was referred to the primary court of counter narcotics which sentenced the accused to twenty years custodial imprisonment. Since the accused was not satisfied with the decision the case has been referred to the Appellate Court of Counter Narcotics which agreed with the decision of the primary court and sentenced him to

35

twenty years custodial imprisonment based on paragraph 5, clause 1 & 2 of article 42 of the law on Counter Narcotics and Intoxicants. Verdict Dated 27/07/2011 Twenty Years Imprisonment for Smuggling 294 Kg Hero ine, 100 Kg Hashish and 84 Kg Opium During petrol the British forces have seen two suspected cars and tried to stop them but they did not stop, after that fighting started between the forces and the people who were in these cars. As a result two people were killed, two people were able to escape and one person was arrested. The British forces started searching the cars and found 294 Kg Heroine, 100 Kg Hashish and 84 Kg Opium. After the completion of the investigation, the case has been referred to the primary Court of Counter Narcotics and Intoxicants, Kabul province which sentenced the arrested person to twenty years custodial imprisonment. The case has been referred to the appellate court of counter narcotics and intoxicants Kabul province since the convicted person was not satisfied with the decision. The appellate court based on clause 2, article 33 of the law on jurisdiction and competence of courts endorsed decision of the primary court and based on article 42 of the law on counter narcotics and intoxicants sentenced the accused to twenty years custodial imprisonment for smuggling 294 Kg Heroine, 84 Kg Opium and 100 Kg Hashish. Also based on article 19 and 16 of the law on counter narcotics and intoxicants a satellite phone was confiscated and based on the same law order was given for the elimination of the material. Verdict Dated 28/08/2011 Sixteen Years Imprisonment for Smuggling of 163.405 Kg Heroine Police officers of the check post at Khak-e-Safid district of Farah province searched a car and recovered 163.405 Kg Heroine from it and arrested a person in connection to this incident. After the completion of the investigation the case has been referred to the primary court of counter narcotics and intoxicants which based on article 42, clause 5 and paragraphs 1&2 of the law on counter

36

narcotics and intoxicants has sentenced him to twenty years custodial imprisonment and confiscation of the car and amount of 150000 Iranian currencies. The case has been referred to the appellate court of counter narcotics and intoxicant since the parties were not satisfied with the decision. The appellate court has amended the decision of the primary court and sentenced the accused to sixteen years custodial imprisonment based on clause 5, paragraphs 1&2, article 42 and considering article 63 of the law on counter narcotics and intoxicant for smuggling 163.405 Kg Heroine and also ordered for the confiscation of the car and amount of 150000 Iranian currencies. Verdict Dated 5/9/2011 On 17/4/2011 personnel of 444 counter narcotics and counter terrorism force, supported by coalition forces, spotted a vehicle as suspicious in Ghor Ghori district of Nimroz province and stopped it. As a result of the vehicle search, 660 kg of opium was seized three persons arrested on charges of smuggling. After completion of investigation, the case was referred to Kabul counter narcotics primary tribunal and handled in its session dated 12/6/2011. The tribunal convicted all the accused and sentenced each of them to 20 years custodial imprisonment based on article 43 paragraph 1,2 clause 6 and article 49 of counter narcotics law. However, the case was referred to counternarcotics appellate court as the convicted were not satisfied with the decision of the primary tribunal. The mentioned court handled this case on 5/9/2011 approving of the verdict of the primary court about conviction of the accused on charges of smuggling of 660 kg opium and sentenced each of them to 20 years custodial imprisonment based on article 43 para. 1,2 clause 6 and article 49 of counter narcotics law and also ordered confiscation of the vehicle. Verdict Dated 12/9/2011 Counter narcotics police of Kunduz province received information from an official informant about smuggling of alcoholic drinks from Tajikistan to Afghanistan. According to the informant, the mentioned alcoholic drinks would be transported via Tajikistan – Sherkhan Bandar – Kunduz – Kabul route detained for Kabul. The police took action

37

accordingly and stopped a vehicle loaded with alcoholic drinks also having a Tajik road pass. They took the vehicle to the provincial counter narcotics department and searched it thoroughly. As a result, 7078 liter of alcoholic drinks were found in the vehicle and two suspects were arrested. After completion of investigation, the case was referred to Kabul counter narcotics primary tribunal and handled in its session dated12/7/2011. The tribunal convicted all the accused and sentenced each of them to 20 years custodial imprisonment. However, the case was referred to counternarcotics appellate court as the convicted were not satisfied with the decision of the primary tribunal. The mentioned court handled this case on 12/9/2011 approving of the verdict of the primary court about conviction of the accused on charges of smuggling of 7078 liter of alcoholic drinks and sentenced each of them to 20 years custodial imprisonment based on article 45 para. 1, 2 and clause 6 of counter narcotics law and also ordered confiscation of items requested by the prosecutor based on articles 19 – 59 of counter narcotics law. Additionally, it also ordered destruction of the confiscated alcoholic drinks based on article 16 of the abovementioned law.

38

News events

� On 13/9/2011, Dil Aqa Hemat, head of Kandahar Appellate Court had a trip to Zhery District of Kandahar province while being accompanied by head of appellate prosecution office, head of NDS and officials of ISAF. Since the primary prosecution office of the district was operational, he appointed one judge and one clerk to the primary court of the district.

� Balkh Governor’s Office donated 6 sets of ACs, carpets and rugs and one 40 kw power transformer, making up a total of 7,000US$, to Balkh Appellate Court.

� Peace Through Justice Program of UNDP has completed the construction work of primary court of Dara District of Panjsheer Province and requested the presence of a representative of the Supreme Court to come to the site on Dec.18 for formal handover of the building.

� Max Planck conducted a workshop on judicial ethics from 19 to 23/6/1390 in Kundoz Province in which 23 judges from Kondoz urban and district courts had participated. Abdul Qader Habib, representative of the Supreme Court had also participated in the training.

� Peace Through Justice Program of UNDP has concluded the agreement on construction of the new building for urban court of Panjsheer Province with Afghan Reconstruction Company and has requested necessary assistance from Panjsheer Appellate Court.

� Embassy of Turkey in Kabul, through a formal letter dated September 14, has informed the Supreme Court that based on the meeting between Dr. Kamawi and officials of Turkish Embassy on training of judges and prosecutors, the Turkish

39

Ministry of Justice has approved the request and the parties are working on drafting the MoU.

� On 9&10/7/1390 JSSP, conducted a refresher seminar on discretionary crimes for the graduates of the two-month course which was held earlier this year at Kabul Appellate Court.

� Based on formal invitation of EUPOL in Afghanistan dated 9/10/2011, Qazawatpoh Zamen Ali Behsodi, member of the Supreme Court, had been appointed to attend the seminar on unification of the handbook for police and prosecutors, which is to be conducted in Finland from Oct. 20 to Dec. 12.

� Women Judges International Association has organized English Language Courses for 25 female judges of Kabul Appellate Court. The course will run three hours a week, on Saturday, Monday and Wednesday mornings.