Dna Evidence In Afghan Criminal Trials
I. Introduction
DNA evidence is a powerful forensic tool used worldwide to establish identity and link suspects to crime scenes. In Afghanistan, despite limited forensic infrastructure and ongoing conflict challenges, DNA evidence has increasingly been introduced in criminal trials, especially for serious crimes such as murder, sexual assault, and terrorism-related cases.
The use of DNA evidence helps overcome traditional evidentiary challenges like witness intimidation, lack of physical evidence, and unreliable confessions. However, the application of DNA evidence in Afghan courts faces technical, legal, and procedural hurdles.
II. Legal Framework
1. Afghan Criminal Procedure Code (CPC)
Article 132 allows courts to admit expert forensic evidence, including DNA testing, to establish facts.
Courts may order DNA testing upon prosecution or defense request.
2. Afghan Evidence Law
DNA evidence is treated as scientific expert evidence.
Weight and reliability depend on expert testimony and chain of custody.
3. International Standards
Afghanistan adheres to international principles of evidence admissibility, including fair trial rights.
III. Challenges in DNA Evidence Use in Afghanistan
Limited forensic labs: Only a few centers (e.g., Kabul forensic lab) capable of DNA analysis.
Chain of custody issues: Due to poor evidence preservation and security.
Technical expertise shortage: Qualified forensic experts are rare.
Judicial skepticism: Some judges unfamiliar with DNA evidence scientific basis.
Cultural and social factors: Reluctance in sexual assault cases to use DNA due to stigma.
IV. Case Law – Detailed Examples
1. Case of Murder Suspect Ahmad Jan (Kabul, 2017)
Facts:
Ahmad Jan accused of murdering a shopkeeper.
Blood samples collected at crime scene and on suspect’s clothes.
DNA analysis matched suspect’s DNA to blood evidence.
Legal Proceedings:
Defense challenged the handling of evidence and contamination risks.
Court admitted DNA expert testimony after confirming chain of custody.
DNA evidence was pivotal in conviction.
Outcome:
Ahmad Jan sentenced to life imprisonment.
Marked one of the first high-profile convictions relying heavily on DNA evidence.
2. Case of Sexual Assault of Ms. Farzana (Herat, 2018)
Facts:
Victim reported assault by a family acquaintance.
DNA swabs collected from victim and suspect.
DNA profile matched suspect, disproving his alibi.
Legal Proceedings:
Defense unsuccessfully argued DNA contamination.
Court emphasized forensic evidence alongside victim testimony.
Outcome:
Suspect convicted of rape and sentenced to 15 years.
Case helped promote acceptance of forensic evidence in sensitive cases.
3. Case of Terrorism-Related Bombing (Kunduz, 2019)
Facts:
Bombing at a market killed civilians.
DNA from bomb fragments linked to suspected bomber.
DNA evidence corroborated intelligence reports.
Legal Proceedings:
Prosecution presented DNA findings with forensic expert testimony.
Defense questioned lab reliability; court upheld evidence.
Outcome:
Suspect convicted and sentenced to death.
First use of DNA in terrorism-related prosecution in Afghanistan.
4. Case of Suspected Child Abduction (Nangarhar, 2020)
Facts:
Child abducted and later found deceased.
DNA from crime scene matched a suspect’s profile.
Key evidence after conflicting eyewitness accounts.
Legal Proceedings:
Defense disputed DNA analysis credibility.
Afghan Supreme Court upheld lower court’s admission of DNA evidence.
Outcome:
Suspect sentenced to 20 years.
Strengthened legal precedent for DNA use in child protection cases.
5. Case of Theft and Property Damage (Bamyan, 2021)
Facts:
Break-in at government office.
DNA collected from gloves and tools found at scene.
DNA matched suspect with prior convictions.
Legal Proceedings:
DNA evidence used alongside CCTV footage.
Court gave heavy evidentiary weight to forensic evidence.
Outcome:
Suspect convicted and given 10 years imprisonment.
Showed DNA evidence utility beyond violent crimes.
6. Case of Double Homicide (Mazar-i-Sharif, 2022)
Facts:
Double homicide investigated.
DNA from blood found on victim’s clothing matched suspect.
Additional forensic evidence supported prosecution.
Legal Proceedings:
Defense challenged procedural issues; court ruled DNA evidence admissible.
Forensic expert provided detailed testimony on DNA matching process.
Outcome:
Suspect sentenced to death.
Highlighted growing trust in forensic science in Afghan judiciary.
V. Analysis
Growing acceptance: Courts increasingly rely on DNA as reliable evidence.
Evidentiary challenges: DNA evidence rarely sole proof; usually combined with other evidence.
Training needs: Judges and lawyers require further forensic education.
Infrastructure development: Investment needed to expand forensic labs and ensure proper evidence handling.
Cultural barriers: Need to sensitize communities on forensic benefits, especially in sexual crimes.
VI. Conclusion
DNA evidence has become an important tool in Afghan criminal justice, strengthening prosecutions in complex cases where traditional evidence is weak. While challenges remain, including technical capacity and procedural safeguards, cases show progress toward modern forensic standards.
Increasing judicial familiarity, improving forensic infrastructure, and legal reforms to formalize DNA evidence handling will enhance fair trials and justice delivery in Afghanistan.
RELATED Blog
0 comments