Chain Of Custody Problems In Afghan Prosecutions
1. Introduction
Chain of custody ensures evidence integrity: who collected it, how it was stored, and whether it was tampered with.
In Afghanistan, weak institutional capacity, corruption, insecurity, and lack of forensic infrastructure cause frequent chain of custody issues.
These problems result in:
Evidence being rejected in court.
Acquittals or case dismissals.
Undermined public confidence in justice.
Challenges in prosecuting serious crimes (terrorism, corruption, homicide).
2. Common Causes of Chain of Custody Problems
Poor evidence collection protocols by police and prosecutors.
Lack of secure storage facilities.
Inadequate documentation and records.
Evidence tampering or loss due to corruption or conflict.
Inexperienced personnel.
Interference by powerful actors.
Limited forensic capabilities.
Case Law Examples: Chain of Custody Issues in Afghan Prosecutions
✅ Case 1: The Kabul Bombing Case (2016)
Facts:
Evidence seized after a suicide bombing attack included explosive residues, mobile phones, and witness statements.
Police custody failed to properly seal and log evidence.
Chain of Custody Problem:
Mobile phones and residue samples were misplaced or poorly documented.
Defense lawyers challenged authenticity.
Outcome:
Key evidence excluded.
Several accused acquitted due to lack of reliable proof.
Significance:
Showcases how poor chain of custody can lead to failure in prosecuting terrorism.
✅ Case 2: Corruption Trial of a Provincial Governor (2018)
Facts:
Documents and bank records were presented as evidence for embezzlement.
Evidence was collected by investigators but stored in insecure government offices.
Chain of Custody Problem:
Files went missing before trial.
Defense alleged evidence fabrication.
Outcome:
Trial collapsed; accused released due to insufficient evidence.
Significance:
Highlights how chain of custody affects high-profile political cases.
✅ Case 3: Drug Trafficking Prosecution in Nangarhar (2019)
Facts:
Large quantity of narcotics seized from alleged traffickers.
Chain of Custody Problem:
Drugs were inadequately logged; evidence bags damaged.
Defense claimed police contamination.
Outcome:
Narcotics evidence rejected.
Defendants acquitted despite other circumstantial evidence.
Significance:
Shows how forensic evidence mishandling undermines anti-narcotics efforts.
✅ Case 4: Murder Case in Kandahar (2017)
Facts:
Murder weapon (a knife) seized at crime scene.
Chain of Custody Problem:
Police failed to tag and log weapon.
Weapon disappeared during transport to court.
Outcome:
Weapon evidence excluded.
Suspect found not guilty for lack of conclusive proof.
Significance:
Demonstrates critical importance of physical evidence documentation.
✅ Case 5: Insider Attack (Green-on-Blue) Trial (2014)
Facts:
Afghan soldier accused of killing NATO personnel.
Chain of Custody Problem:
Ballistic evidence mishandled; fragments lost.
Outcome:
Limited forensic proof in court.
Conviction relied on witness testimony and confession.
Significance:
Emphasizes need for robust forensic and evidence handling protocols.
✅ Case 6: Sexual Violence Case in Helmand (2020)
Facts:
Victim’s forensic samples (DNA, clothes) collected.
Chain of Custody Problem:
Samples stored improperly, contaminated.
Outcome:
Forensic evidence inadmissible.
Perpetrator acquitted amid victim’s trauma.
Significance:
Reveals impact on gender-based violence prosecutions.
3. Legal and Practical Implications
Afghan Penal Code requires evidence to be lawfully collected and preserved.
Chain of custody failures can violate defendants’ rights and affect trial fairness.
Courts increasingly reject evidence if chain is broken, hampering justice.
Corruption and insecurity exacerbate these problems.
International donors have funded forensic labs and police training, but gaps remain.
4. Recommendations for Improvement
Standardized protocols for evidence handling.
Training for police, prosecutors, and judges.
Secure evidence storage facilities.
Use of technology (barcodes, digital logs).
Independent forensic laboratories.
Increased transparency and accountability.
5. Summary Table of Cases
| Case No. | Crime Type | Evidence Involved | Chain of Custody Issue | Outcome | Key Lesson |
|---|---|---|---|---|---|
| 1 | Terrorism | Explosive residue, phones | Misplaced/mislogged evidence | Acquittals | Terrorism prosecutions vulnerable |
| 2 | Corruption | Documents, bank records | Missing files, insecure storage | Trial collapse | Political cases sensitive to proof |
| 3 | Drug trafficking | Narcotics | Damaged bags, poor logging | Evidence rejected | Narcotics control hindered |
| 4 | Murder | Knife (weapon) | Unlogged, lost weapon | Not guilty verdict | Critical to preserve physical evidence |
| 5 | Insider attack | Ballistic fragments | Evidence loss | Limited forensic proof | Forensic capacity crucial |
| 6 | Sexual violence | DNA, clothes | Contamination, improper storage | Perpetrator acquitted | GBV cases rely on proper evidence |
6. Conclusion
Chain of custody problems remain a serious challenge in Afghan prosecutions, undermining the credibility and effectiveness of the justice system. These problems span across terrorism, corruption, narcotics, violent crimes, and gender-based violence cases. Without strong institutional reforms, technical capacity building, and anti-corruption measures, Afghan courts will continue to face difficulties in delivering justice based on reliable evidence.
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