IAPL Article: The Collapse Of The Legal System In Afghanistan

In January 2023, United Nations reported on the dire situation of lawyers, judges, prosecutors and other actors involved with the legal system in Afghanistan, over a year after the Taliban takeover of Afghanistan in August 2021. Reportedly, they face grave risks to their safety and other challenges associated with the non-independent legal system in the country. Marking the International Day of the Endangered Lawyer, on January 24, 2023, the Special Rapporteur on the situation of human rights in Afghanistan and the Special Rapporteur on the independence of judges and lawyers raised their concerns “about the human rights abuses resulting from the dismantling of the independent legal system, and its replacement with a de facto system that flagrantly violates international standards.”

The Special Rapporteurs identified several issues that require attention and response. Among others, as identified by the Special Rapporteurs, “the Taliban have attempted to effectively ban all women—including women judges, prosecutors, and lawyers—from participating in the legal system. Among those removed were more than 250 women judges—over 10% of the bench before the Taliban takeover—as well as many hundreds of women lawyers and prosecutors.” Because of the risks faced, many women judges have fled the country or gone into hiding. Those who stayed, are facing serious challenges that go far beyond the issue of women’s engagement in employment.

Women lawyers have been unable to seek renewal of their licenses and therefore cannot practice law in Afghanistan any more. As the Special Rapporteur indicated, “numerous women lawyers are experiencing serious mental health problems in response to these measures. Not only are women lawyers in danger and their livelihoods upended, but the valuable services they provided—especially for other women—have been largely wiped out.”

As the Taliban took over the country, the Taliban fired all prosecutors. Only some of them have been reinstated ever since, although with severe limitations to their work and unable to play their crucial role in the administration of justice. Furthermore, the Special Rapporteurs reported that “more than a dozen prosecutors reportedly have been killed by unknown individuals in Kabul and other provinces, though this is likely an undercount. Some prosecutors were found during door-to-door manhunts carried out in the months following the fall of Kabul.”

Apart from the specific targeting of legal professionals, the whole legal system in Afghanistan is collapsing.

[…]

https://www.forbes.com/sites/ewelinaochab/2023/02/06/the-collapse-of-the-legal-system-in-afghanistan/?sh=31ec998421d3

 

The Collapse Of The Legal System In Afghanistan