Mazar-e Sharif, March 2013.“We need to develop further but the case-management system is a very important step in the development of our judicial system”, judge Fazal Rahman Fazli, Chief of Balkh Province Court of Appeals emphasizes. The 45 year old Chief had thirty computers installed and is now able to monitor most cases of his Court. The transparency of the decisions and the accountability of his judges is one of the many challenges his court faces; that is why the case-management system is so important. In the five years Fazli has been on his post, he worked diligently to improve the way his court works. “Still there is a lot to do. I would like to introduce Afghan judges to courts in other countries and translate international laws in Dari and Pashto”, he says with a smile on his face. “We have to develop the capabilities of the judges a lot further”, the ambitious Judge continues.  He is deeply concerned with the safety and protection of his judges dealing with difficult cases. In Kabul special protection units for judges were established, but judges in all provinces are in need of protection. “This would be a further significant step to stabilise our judicial system”, Fazli says.  “Judges and prosecutors should be more appreciated by the higher authorities”, he concludes meaning that the independence of judges and prosecutors in Afghanistan is easily impaired because of their low salary.

BACKGROUND  

Task Court of Appeals[1]
Follow-up on decisions and rulings (Qarar)

Article 33

(1) The Court of Appeals shall oversee the rulings and decisions of the lower courts, in situations according to the provisions of the related laws.

(2) The Court of Appeals while resolving cases set forth in clause (1) of this article shall

reconsider the whole legal process. It may correct, overturn, amend, confirm or repeal the rulings and decisions of the lower courts. 

Resolving Conflict of Judicial Jurisdiction

Article 34:

(1) Whenever there is a conflict over jurisdiction of resolving a criminal case between two courts within jurisdiction of a single Court of Appeals, an authorized board made up of the chief of the Court of Appeals as head and the heads of Dewans shall decide on which court has the jurisdiction to decide a case.

(2) Deciding about the future of the accused that is in custody as mentioned in clause (1) of this article shall only be the jurisdiction of the Court of Appeals.

Finality of decisions and rulings

Article 35:

The issued decisions and rulings of the Court of Appeals shall be final in all relevant cases.


[1] Law of the Organization and Authority

of the Courts of Islamic Republic of Afghanistan (translation 2005)