Judgment Reviews Law at Afghanistan
As of April 2025, Afghanistan's judicial system has undergone significant changes under the Taliban's rule, leading to the erosion of judicial independence and the suspension of mechanisms for judicial review.
⚖️ Judicial Review Under the Taliban
The Taliban's return to power in August 2021 marked the suspension of the 2004 Constitution, which had previously established mechanisms for judicial review. Under the 2004 Constitution, Article 121 authorized the Supreme Court to review laws, legislative decrees, international treaties, and covenants for their compliance with the Constitution and their interpretation in accordance with the law. Additionally, Article 157 established the Independent Commission for Overseeing the Implementation of the Constitution (ICOIC) to ensure the orderly implementation and supervision of the Constitution's provisions
However, since the Taliban's takeover, these constitutional provisions have been rendered obsolete. The Supreme Court now operates under the authority of the supreme leader, who holds ultimate power to decide and interpret the law, effectively eliminating judicial independence and any formal process for judicial review
🏛️ Structure of the Current Judiciary
The current judiciary is primarily composed of Taliban-appointed individuals with basic religious education, often advised by muftis—Islamic legal experts—empowered to rule on religious matters The legal proceedings are typically swift, with alleged perpetrators often detained, sentenced, and punished on the same day by the police and other security agencies, denying any semblance of due process or judicial revie
⚠️ Human Rights Concerns
The lack of judicial independence and the absence of judicial review mechanisms have led to widespread human rights violations Lawyers, judges, and prosecutors, particularly women, face grave risks to their safety, with many having been removed from their positions or forced into hiding The UN has described the collapse of the legal system as a "human rights catastrophe," highlighting the extreme exclusion of women from the legal system and the lack of due process in legal proceeding
✅ Summary Table
| Aspect | Details | |--------------------------|--------------------------------------------------------------------------------------------------| | Judicial Review Mechanism | Suspended under Taliban rule; no independent judicial review process exists | | Supreme Court Authority | Operates under the supreme leader's authority; lacks independence | | Judicial Appointments | Taliban-appointed judges with basic religious education; advised by muftis | | Due Process | Alleged perpetrators often detained, sentenced, and punished on the same day; no judicial review | | Human Rights Impact | Widespread violations; lawyers, judges, and prosecutors, especially women, face grave risks to safety
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