Rule of Law prevails in Laghman with major public trial

LAGHMAN PROVINCE, Afghanistan - A public trial recently held in the Laghman Provincial Governor’s Compound to accommodate spectators demonstrated the Government of the Islamic Republic of Afghanistan’s commitment to the Rule of Law.

This criminal trial was significant because it was an all Afghan-led investigation through prosecution and sentencing involving a major ammonium nitrate distributor.

The investigation bore fruit  when the Afghan National Police arrested Shah Qand and Daw Lat on Nov. 4, for possessing more than 2,200 lbs. of ammonium nitrate, a substance found in improvised explosive devices.

“The format of the trial is important and sets the foundation for a fair and good trial,” said Lt. Gen. Mohammad Saryabi, military assistant control and monitor department in the Supreme Court.

Approximately 70 attendees witnessed the trial that ended with a conviction of Qand. He was charged with violating Article 23 of the law on Crimes Against Internal and External Security. Qand was sentenced to six years in prison. Lat was charged with violating a general article under Hanafi jurisprudence; however, he was acquitted of the charge.

“This trial sends exactly the message that Afghanistan wants to send... we can do this,” said David Schwendiman, justice attaché for the U.S. Department of Justice, U.S. Embassy.

Schwendiman praised the progress made on the entire process being led by the Afghans from beginning to end. During discussions with the Anti-Terrorism Prosecution Directorate, Hamid Chakari with the Attorney General’s Office, the concern for the safety of security forces, judges and prosecuters were brought up.

“Prosecutors have already accepted the risk,” said Chakari who lost a brother working on a high profile case. “The National Directorate of Security and the Afghan National Security Forces should come up with a process, especially for high-profile cases.”

Chakari went on to discuss the importance of seeing the justice system through in Afghanistan in order to maintain law and order. He discussed the importance of the day being the difference between a guilty person and an innocent person when relating to the sentence and acquittal of the two men facing charges.

“Conducting a public trial is a good thing to gain confidence of [the Afghan] people,” said Chakari. “Also, it is good for people committing crimes, so they know what happens when they commit the crime.”

The success of this trial is also a testament to the superb coordination of ANSF and ANP in providing security; the trial was conducted without any incident.

The National Directorate of Security Prosectutor Naqibullah intends to appeal the sentence on Qand, originally asking the court to sentence him to 10 years in prison.