Annex 1
COUNTER NARCOTICS JUDICIAL REFORM: ACTION
PLAN
Key Afghan Stakeholders: Ministry of Justice,
Attorney General's Office, Supreme Court, Counter Narcotics Directorate,
Ministry of Interior
Current Key International Stakeholders: UNODC,
Italy (as lead nation on judicial reform), UK (as lead nation
on counter narcotics)
AFGHAN NATIONAL
DRUG CONTROL
STRATEGY
The Afghan National Drug Control Strategy calls
for the establishment of an efficient and modern criminal justice
system to address drug trafficking and other forms of criminal
activity, including strengthening key components of the criminal
justice system, such as courts, prosecution offices and correction
centres. Laws will be enacted to ensure that drug traffickers
are punished severely to provide the required deterrence. All
Afghan drug laws should conform to international standards as
set out in the United Nations Drug Conventions to which Afghanistan
is a party, and mechanisms should be established to monitor compliance
with those Conventions. Moreover, respect for core values, such
as the inviolability of basic human rights, should be factored
into all relevant capacity-building programmes.
Current situation
A new Drug Law has been signed by the President
and is now in effect. It complies with the relevant UN Drug Conventions,
but more detailed implementation regulations are required. Many
judges and officers of the court, particularly in the provinces,
are not aware of it. The drug law must be incorporated into the
ongoing justice sector reform initiatives carried out by UNODC
(criminal law and capacity building of the Ministry of Justice;
penitentiary reform; juvenile justice reform), by UNDP (governance
promotion; support to the Judicial Reform Commission), and, by
UNICEF (support to wayward youth).
The prosecution of drug cases, especially for
major criminals, poses some particular problems.. They are often
very powerful people, particularly in their local areas, capable
of bribing and intimidating their way out of trouble. Witness
testimony may be difficult to obtain. The Afghan Government remains
determined to prosecute such criminals, but faces difficulties
doing so safely and efficiently through the existing courts system.
Areas for future work
There is in principle agreement from the key
stakeholders to examine the development a stand-alone capacity
within the justice sector to deal with cases prosecuted under
the 1382 (2003) Drug Law securely, fairly and efficiently. Co-ordination
with reform programmes in the wider justice sector is vital. Many
details need to be worked out. A first step will be a visit by
a panel of international experts to Kabul to meet with key stakeholders
and develop recommendations based on their findings. But the following
areas need consideration:
— Amendment to 1382 (2003) Drug Law
to define serious offences with central jurisdiction and lesser
offences with provincial jurisdiction and review evidentiary rules.
Publication of law in basic form.
— In the short term, adapt and secure
sections of existing judicial and prison facilities to hold major
drugs criminals.
— In the longer term, creation of a
special prosecution unit to help prosecute serious offences together
with construction of a high security court and prison facility
for high-profile cases and/or inclusion of adequate security measures
in existing prisons to house such offenders. Investigate role
for a Special Drugs Prosecutor. Establishment of witness protection/relocation
capability.
— Training for judges, prosecutors
and defenders in the 1382 (2003) Drug Law and for Counter Narcotics
Police in collection, preservation and presentation of evidence;
— Assistance from International Community
to provide Prosecutable Evidence for the major drugs traffickers;
— Phased construction of special court
and prison facilities in all provinces for secure and efficient
prosecution of lesser drug offences.
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