PAN, October 4, 2011
5 districts in Ghor without courts
Resident Mohammadullah said the Shahrak district court was transferred to Chaghcharan due to deteriorating security, forcing people to take their cases to local commanders
By Mohammad Hassan Khudayar
Afghanistan is really three legal systems within one: the state system, dating back to the reign of King Amanullah, inspired by the codes of Turkey and Egypt; sharia, founded on ancient religious texts and their interpretation; and customary law, such as Pashtunwali, the strict honour code of the Pashtuns. Only the first two of these are explicitly recognised in the country's constitution. Still, the result is a confusing labyrinth of rules and norms, which only heightens the challenge of providing high quality and consistent justice.
The Guardian, Sep. 15, 2011
Residents of western Ghor province approach local militant commanders for dispute resolution as a result of closure of five district courts.
Because of insecurity, courts in Charsadda, Dulina, Pasaband, Saghar and Shahrak districts have been shifted to the provincial capital.
Resident Mohammadullah said the Shahrak district court was transferred to Chaghcharan due to deteriorating security, forcing people to take their cases to local commanders.
The commanders were in a position to implement their judgments swiftly, he said, accusing the government of paving the way for the strongmen to act willfully.
Obaidullah Hanif, the appeal court judge, said the warlords often threatened judges, who could not hand down independent verdicts.
Police would provide security in districts if the courts were relocated, said, Brig. Gen. Khudayar Qudsi, the provincial police chief.
Jawad Rezaee, the Afghanistan's Independent Human Rights Commission's spokesman, said the non-existence of courts in the districts signalled a weak government.
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