Judicial System

 History
 Divisions of the Supreme Court
 Appeal Courts
 Primary Courts
 Special Courts
In accordance with article 116 of the Constitution of Islamic Republic of
Afghanistan the judiciary is an independent body of the Islamic Republic
of Afghanistan. The judicial power is comprised of the Supreme Court,
Appeal Courts and Primary Courts the authorities of which are regulated by
law.
Introduction of Supreme Court in the Judicial System of Afghanistan
The structure of the judicial power after establishment of the new Supreme
Court in accordance with the law of Structure and Authorities of Courts
approved in the year 1384 is as below:
1. Supreme Court
2. Appeals Courts
3. Primary Courts
In accordance with article 117 of the Constitution, the Supreme Court as
the highest judicial branch of the government is heading the judiciary
power.
The Supreme Court is managed based on law by the chief of Supreme Court,
members, high council of the Supreme Court, general administration
directorate of the judicial power and some professional and administration
sections.
The High Council is the most senior organization of the Supreme Court
which is representative of the judiciary power.
The high council has the following authorities:
A. In the judicial area:
 Proceeding and separation of criminal and punitive cases of judges.
 Interpretation of laws.
 Revision of the decisions of the courts
 Suggesting development of laws in the judicial area
 Review of reasons and take decision regarding restitution of the
convicted persons
 Giving authority of proceeding from one court to another (changing
court)
 Review proposal of courts and provide responds accordingly
 Ensure consistency of judicial procedure
B. In the administration area:
 Approval of regulations and procedures related to judiciary
 Prepare budget in consultation with the government and its
implementation
 Lead and monitor performance of administration of courts
 Manage personnel affairs of the judges
 Review the result of scrutiny and study of judicial affairs and take
decision accordingly
 Take measures in order to enhance the knowledge level of the judges
 Manage judicial statistics affairs
 Other judicial related affairs
The details of judicial structures in Afghanistan are as below:
First - Supreme Court: Civil, commercial, general criminal, public and
military crimes and crimes against public security and interest divisions.
In each division there are two member of the Supreme Court, a number of
judicial counselors, judicial reporters and administration staff.
Second - Appeal Courts: In the center of each province there is an appeal
court which has the following divisions:
 General Criminal Division
 Public Security Division
 Civil and Personal Affairs Division
 Public Rights Division
 Commercial Division
Third – Primary Courts: Includes all city primary courts in the center of
provinces and district courts in the center of districts.
Fourth – Other courts: Includes children courts, family courts, primary
commercial courts and counter narcotics divisions.
Fifth – Documentation Departments: These departments are located in the
center of provinces and are performing documentation of the required deeds
of the people and in the districts the documentation affairs are done by
the district courts.
Central Organizational Structure of the Supreme Court
In accordance with 1382 Constitution in order to manage administration
affairs of the courts and implement administration reform in the judiciary
the administration directorate general of the judiciary was established
which is functioning through the following departments:
1. Office of the Chief of Supreme Court: is responsible for management
of administrative affairs of the office, meetings, external and
international affairs of the chief of Supreme Court.
2. Correspondence Department of Supreme Court: is responsible for
management of petitions, relationship of Supreme Court with office
of the president, national assembly and other government and non
government organizations.
3. The Secretariat of High Council of Supreme Court: is responsible for
management of executive and secretarial matters of the High Council
of the Supreme Court. Also for drafting and finalizing approvals,
notes, ruling and decisions of the council and after approval,
communicating to the related sources.
4. General Department of Research and Studies: This department is
reviewing and studying proposal of the courts, case files of the
judges and provides scrutinized recommendation accordingly and
refers it to the high council of the Supreme Court for final review.
In addition, it is also managing legal and judicial procedural
affairs, statistics, and training of judges and conducting judicial
seminars to exchange judicial experiences.
5. Judicial Inspection Department: is responsible for conducting
inspection on a periodic basis every three year and on special cases
as and when required.
6. Documents and Deeds Registration Department: is reviewing document
papers of the courts from qualitative and quantitative aspects.
7. General Department of Islamic Verdict: Is providing comments and
Islamic verdict on questions related to Islamic laws.
8. Publication Department: Is managing cultural and publication affairs
of the judiciary in regard to publication of judiciary brochure,
Meezan publication, judiciary library, publication of books and
 judicial brochures, management of the network and website of the
Supreme Court.
9. Press Affairs Department: is managing media affairs of the Supreme
Court both releasing of news reports, interviews, media conferences
in the area of work of courts and reflection of activities of the
judiciary through TV and different mediums.
10. Finance and Administration Department: Is managing finance,
administration and accounting matters of the Supreme Court in
accordance with enforced laws, regulations and procedures.
11. Control and Monitoring Department: Is working on anti corruption
matters.
12. Construction Department: Is responsible for building needs of the
judiciary and its maintenance.
13. Personal Affairs Department: Is managing personal affairs of the
judiciary including their appointment, transfer and retirement
issues.
Appointment of the Supreme Court Members
In accordance with the orders of article 117 and 118 of the Constitution
which is already explained, the Supreme Court comprising of follow is
appointed as below after the approval of the national assembly:
A. Chief of the Supreme Court of Islamic Republic of Afghanistan
 Qanoonpoh Sayed Yousuf Halim - The Supreme Court Chief Justice
B. Members of the Supreme Court:
1. Dr. Abdul Malik Kamawi | Member of the Supreme Court
2. Qazawatwal Barat Ali Mateen | Member of the Supreme Court
3. Pohadowy Abdulqader Adalatkhwah | Member of the Supreme Court
4. Qazawatwal Abdul Haseb Ahadi | Member of the Supreme Court
5. Qazawatpal Mohammad Zaman Sangari | Member of the Supreme Court
 Afghan National Police (ANP)
original name‫ پولیس ملي افغانستان د‬- ‫افغانستان ملی پلیس‬

CORPORAL 1ST CORPORAL SERGEANT STAFF SERGEANT

2ND LIEUTENANT LIEUTENANT 1ST LIEUTENANT

CAPTAIN STAFF CAPTAIN

MAJOR LIEUTENANT COLONEL COLONEL

BRIGADIER GENERAL MAJOR GENERAL LIEUTENANT GENERAL COLONEL

Afghan National Police
From Wikipedia, the free encyclopedia
The Afghan National Police (ANP; Pashto: ‫د افغانستان ملي‬
‫ ;پولیس‬Persian: ‫ )پلیس ملی افغانستان‬is the national police force
ofAfghanistan, serving as a single law enforcement agency all across the
country. The agency is under the responsibility of Afghanistan's Ministry
of Interior Affairs, headed by Wais Barmak. The ANP had about 157,000
active members in September 2013,[1] which was expected to reach 160,000 by
the end of 2014.[2]
The Afghan police traces its roots to the early 18th-century when
the Hotak dynasty was established in Kandaharfollowed by Ahmad Shah
Durrani's rise to power. It was reorganized in 1880 during Emir Abdur
Rahman Khan's reign. The current ANP was established after the removal of
the Taliban government in late 2001.
Several government agencies from the United States as well as
Germany's Bundespolizei (BPOL) and the United Kingdom's Ministry of
Defence Police provided most of the early training. In 2007, the EU-led
mission (EUPOL Afghanistan) was heading the civilian policing in
the Kabul area but by 2005 the United States established training programs
in all the provinces of Afghanistan. Since 2009, the Afghan National
Police began receiving advanced training from U.S.-led NATO forces.[3]
Structure

Graduation day at the Ministry of the Interior in 2012

An Afghan National Civil Order Police(ANCOP) honor guard stands in
formation at the Ministry of the Interior in 2010.
Afghan Border Police (ABP) at Islam Qala in western Herat Province.
The Afghan National Police (ANP) is an organization that falls under the
control and responsibility of the Afghan Ministry of Interior, along with
the Counter-Narcotics Police of Afghanistan (CNPA) and the Counter
Terrorism Department. The ANP is composed of the following sub-agencies:
1. Afghan Uniform Police
2. Afghan Highway Police
3. Afghan Border Police
4. Criminal Investigation Department
5. Afghan Local Police (ALP) Now part of ANP
Uniform police[edit]
Main article: Afghan National Civil Order Police
The Afghan Uniform Police (AUP) is the primary civil law
enforcement agency in Afghanistan. The ANP is divided into five regional
commands (north, south, east, west and central) as well as the Afghan
National Civil Order Police (ANCOP). Other forces falling under the
command and control of the ANP include local traffic police departments as
well as the fire department.
Highway police[edit]
The Afghan Highway Police (AHP) was a sub-department of the national
police that is currently dissolved with only speculation of return. Their
primary responsibility was to provide traffic safety and overall security
of the "Ring Road" highway that connects most of the major population
centers in Afghanistan. Most of the personnel, equipment and facilities
that comprise the highway police were reorganized under the uniform
police.
Border police
Main article: Afghan Border Police
The Afghan Border Police (ABP) are responsible for securing all the
borders with neighboring countries and international airports of
Afghanistan against the illegal entry of persons as well as the smuggling
of contraband. The ABP is divided into six regional zones, with
headquarters in Mazar-i-Sharif, Fayzabad, Jalalabad, Gardez, Kandahar,
and Herat. As of January 2011, there are at least 25 U.S. Immigration and
Customs Enforcement and Customs and Border Protection officers providing
training to the Afghan Border Police. Homeland Security Secretary Janet
Napolitano stated that the number could reach 65 or more by the end of
2011. Napolitano visited the Torkham border crossing with Pakistan and was
satisfied with the progress being made there.[12][13] The ABP specific duties
include the following:
 Provide border security patrols within a security zone that extends
55 km into the territory of Afghanistan.
 Provide immigration / visa services and investigate immigration
violations.
 Establish and maintain border crossing points, to include all
international airports within the country.
 Provide perimeter, building, aircraft and passenger security of
international airports.
 Arrest and deport illegal persons.
Criminal Investigation Department[edit]
The Criminal Investigation Department (CID) is staffed with 4,148
investigators spread over the nation with the majority in Kabul. They are
tasked with investigation, crime scene forensic procedures, documentation
of crime, and assisting other agencies to include assistance through the
crime lab housed at the Ministry of Ministry of Interior Affairs.
Police Districts[edit]
There are a number of police districts throughout Afghanistan for example
Police District 9 covers about 24 km2 of Eastern Kabul
Government Structure and Function
Executive Branch

Afghanistan’s president is the head of state. The president is directly

elected to a five-year term. There is a two term limit on the
president. A candidate for president must receive greater than 50 percent
of the national popular vote. If no candidate receives more than 50
percent, then a runoff election is held between the two candidates with
the most votes in the first round. Candidates for the presidency declare
two running mates who will serve as their first and second vice
presidents. In the event of the death, resignation, or impeachment of the
president, the first vice president serves as interim president until new
elections can be held.
In addition to appointing the vice presidents, the president of
Afghanistan also has the power to appoint cabinet ministers, the attorney
general, the central banker, a national security advisor, ambassadors,
judges, and certain members of the upper house of the National Assembly.
The president’s choice for cabinet ministers, Supreme Court nominees and
several other high ranking government posts is subject to the parliament’s
consent. The president is the commander-in-chief of the armed forces, and
with the approval of the National Assembly, has the power to declare war
or a state of emergency.

The president and his administration have the power to propose legislation
in the National Assembly. All laws in Afghanistan must be approved by the
National Assembly and endorsed by the president, and the president has the
power to veto any laws approved by the legislature. However, the National
Assembly can override the president’s veto.

Legislative Branch (National Assembly)

The National Assembly is divided into two chambers: the Wolesi Jirga or
"House of the People" and the Meshrano Jirga or "House of Elders."

Wolesi Jirga
 The Wolesi Jirga is the more powerful of the two houses of parliament
and is made up of no more than 250 members (the 2004 electoral law set
the size of the house at 249 members). Each member is directly elected
to five-year terms. Representatives are allocated to each of
Afghanistan’s 34 provinces in proportion to their population, with
each province having a minimum two seats. According to the
Constitution, there must be 68 female representatives (twice the
number of provinces—about one quarter of the members), and, according
to the 2004 electoral law, each province must have at least one female
representative. In the 2005 elections, a single non-transferable vote
system was used in which each person cast a single vote for one
candidate in their province. The candidates who received the most
votes in each province were seated in parliament. In 2005, there were
no political party lists and all candidates ran as independents;
however some candidates were members of or backed by political
parties. Currently, there are over eighty registered political
parties. Such a large number is not unusual in new democracies.
Legislation can originate in either the National Assembly or the
president’s administration, and the proposal must first be introduced into
the Wolesi Jirga. If it is approved by the Wolesi Jirga, then it is sent
onto the Meshrano Jirga for approval. If the Meshrano Jirga rejects the
proposed law, a two-thirds majority in the Wolesi Jirga can override it.
Furthermore, a two-thirds majority in the Wolesi Jirga can also override a
presidential veto.

Meshrano Jirga
The Meshrano Jirga is the "upper" house of parliament. It is the
weaker of the two bodies, and is indirectly elected. Thirty-four
members (one from each province) are elected by the provincial
councils from among their own members to four-year terms. Another 34
members are elected by the district councils in each province from
among their own members to three-year terms. The remaining 34 members
are appointed by the president to five-year terms, and half of these
appointees must be women. However, in 2005, the district council
elections for members of the Meshrano Jirga did not take place.
Judicial Branch

The Supreme Court consists of nine members appointed by the president and
approved by the Wolesi Jirga for a single period of ten years. Supreme
Court justices must be legal experts or experts in Islamic jurisprudence,
and the Court has been dominated thus far by conservative ulema
(scholars). The Supreme Court does have some power of judicial review.