Police Corruption And Abuse Of Powers In Afghan Criminal System
I. Introduction
Police corruption and abuse of power have been persistent problems in Afghanistan’s criminal justice system. These issues undermine:
Rule of law
Public trust in law enforcement
Fair trial rights
Security and human rights protection
Police officers have been implicated in acts such as:
Accepting bribes
Fabricating evidence
Illegal detention and torture
Favoritism and nepotism
Using excessive force
II. Legal Framework
A. Relevant Laws
Afghan Penal Code (2017): Articles on corruption (Articles 398-400), abuse of office (Article 404), and torture (Article 401).
Anti-Corruption Law (2008): Criminalizes bribery and misuse of power by officials, including police.
Code of Criminal Procedure: Provides safeguards against unlawful detention and abuse.
Constitution (2004): Guarantees rights to fair trial and protection from abuse.
III. Challenges
Weak institutional oversight
Political interference
Lack of accountability mechanisms
Threats and intimidation of whistleblowers
Insufficient training and salaries leading to corruption incentives
IV. Case Examples
1. Case: Police Officers Arrested for Extortion in Kabul (2019)
Facts: A group of Kabul police officers was accused of demanding bribes from detainees in exchange for their release.
Legal Charges: Corruption under Penal Code Articles 398 and 399.
Outcome: Officers were arrested and prosecuted; several convicted and dismissed.
Significance: Rare example of police corruption being prosecuted, highlighting institutional efforts to tackle bribery.
2. Case: Torture by Police in Herat Prison (2018)
Facts: A detainee alleged police tortured him during interrogation to extract false confession.
Legal Action: Complaint filed citing Penal Code Article 401 (torture).
Outcome: Investigation led to suspension of several officers; no public trial was held.
Significance: Demonstrated use of torture by police and lack of transparent accountability.
3. Case: Fabrication of Evidence in Kandahar Trial (2020)
Facts: Defense lawyers revealed police planted weapons as evidence to convict a suspect.
Legal Issue: Abuse of power and falsification of evidence under Penal Code Article 404.
Judicial Response: Court ordered retrial and investigation into police conduct.
Importance: Showed some judicial willingness to challenge police misconduct.
4. Case: Police Corruption in Traffic Department Bribery Scandal (2017)
Facts: Police in Kabul traffic department charged motorists fines, but demanded bribes to reduce or avoid penalties.
Legal Proceedings: Anti-corruption authorities opened a case; several officers suspended.
Outcome: Some officers convicted; reform efforts initiated in traffic police.
Lesson: Corruption permeated multiple police departments, affecting ordinary citizens.
5. Case: Whistleblower Police Officer Exposes Corruption (2021)
Facts: A police officer reported superior officers taking bribes and abusing detainees.
Consequence: Whistleblower faced intimidation and was transferred.
Legal Impact: Limited official response; case highlighted risks faced by those opposing corruption.
Significance: Underscored the difficulties of reform and accountability in police ranks.
6. Case: Use of Excessive Force Against Protesters in Kabul (2018)
Facts: Police used disproportionate force on peaceful demonstrators, including beatings and arrests.
Legal Issue: Abuse of power violating constitutional rights.
Judicial and Political Response: Some officers disciplined; no criminal prosecutions.
Significance: Revealed systemic impunity for police abuse in political contexts.
V. Summary Table
| Case No. | Issue | Legal Basis | Outcome | Key Insight |
|---|---|---|---|---|
| 1 | Extortion/bribery by police | Penal Code Articles 398-399 | Convictions and dismissals | Rare successful prosecution |
| 2 | Torture in detention | Penal Code Article 401 | Suspensions, no trial | Lack of transparency in accountability |
| 3 | Evidence fabrication | Penal Code Article 404 | Retrial ordered | Judicial checks on police misconduct |
| 4 | Traffic bribery scandal | Anti-Corruption Law | Convictions, reforms | Corruption in ordinary police services |
| 5 | Whistleblower retaliation | Anti-Corruption Law | Limited official response | Risks of reporting police corruption |
| 6 | Excessive force on protesters | Constitution, Penal Code | Limited discipline | Political abuse and impunity |
VI. Conclusion
Police corruption and abuse of power remain significant challenges in Afghanistan’s criminal justice system.
Despite laws criminalizing corruption and abuse, enforcement is inconsistent and often weak.
Some progress was made pre-2021 through prosecutions and reforms.
Ongoing political instability and security issues continue to hinder comprehensive police reform.
RELATED Blog
0 comments