KUNAR PROVINCE, Afghanistan – A three-judge panel convicted Munawar Khan of killing a local man, both from Asadabad, in a public trial in Kunar province July 30.
This event may seem routine to citizens outside Afghanistan. However, this public trial, rare to Afghanistan, showed the progress of Kunar’s justice system.
Dignitaries from Kabul attended the trial to observe Kunar’s progress first hand. Director of the Supreme Court Inspection Department Justice Said Murad Sharifi; Habib Kuchi, special advisor to Ministry of Interior’s investigative department head Lt. Gen. Junbish; and anti-corruption prosecutor from the Attorney General’s office Toryalai Fayiz Sadat joined U.S. Air Force Brig. Gen. Daniel Fincher from the U.S. Embassy Rule of Law section and Senior Judicial Policy Adviser U.S. Army Col. Gene Baime at the trial.
Kunar Gov. Fazlullah Wahidi met with the Kabul delegation before the trial and discussed the province’s successes and difficulties.
“Our priority was the courthouse to show the people an example, [a] sign of respect, [and] good governance,” said Wahidi.
“People see [the courthouse], it introduces people to justice. Public trial is the only way to prove [justice],” Sharifi said. “In the face of security issues, if you have such public trials, this is a very big achievement.”
Public trials are an important step toward government transparency said Abraham Sutherland, State Department Rule of Law adviser for Kunar..
“The key is publicity,” said Sutherland. “It keeps officials honest, and it’s how the public knows their system is working. Kunar was the first province to hold public trials like this, and the officials are rightly proud.”
Kunar is still very turbulent with approximately 60 insurgent attacks against ISAF troops last month.
Apart from security issues, the justice system faces additional cultural challenges.
The defendant Khan claimed he killed Gullo to avenge his father and three uncles who were killed by Gullo more than 20 years ago.
Traditional Kunar culture accepts revenge killing as honorable according to Pashtunwali, the cultural code lived by Pashtuns.
“Some in the crowd felt Khan was justified in his actions and should have been acquitted and released,” said Tom West, Department of State representative with Kunar Provincial Reconstruction Team. “One official speculated that, ‘If this case had been held at the district level, the court would have let him go.’”
While this sentiment was expected by officials, the crowd seemed to accept the authority and ruling of the court.
The prosecutor requested the death penalty, but the court sentenced Khan to six years in prison.
“I was sitting with Gov. Wahidi to kind of gauge whether the spectators satisfied with the sentence. The governor said, ‘[the spectators] were quiet and that means they were satisfied,’” Fincher said. “I was impressed with the public nature of the trial. It was as if the whole community showed up.”
The delegation members said they were impressed with the court’s professional atmosphere. The routine manner of the trial belied its importance.
“I thought the judges handled things very efficiently,” said Fincher. “’Just a trial’ is the wrong thing to say. This is different for Afghanistan.”
| Date Taken: | 08.07.2011 |
| Date Posted: | 08.06.2011 17:41 |
| Story ID: | 74967 |
| Location: | KUNAR PROVINCE, AF |
| Web Views: | 194 |
| Downloads: | 1 |
This work, Kunar public trials demonstrates progress, by Maj. Andrew Caulk, identified by DVIDS, must comply with the restrictions shown on https://www.dvidshub.net/about/copyright.
