Trafficking Of Small Arms Prosecutions
⚖️ Legal Framework: Trafficking of Small Arms in Afghanistan
Afghanistan faces significant challenges related to illegal possession and trafficking of small arms and light weapons (SALW). The Afghan Penal Code (2017) and specific laws like the Law on Control of Weapons and Ammunition regulate this.
Relevant Legal Provisions:
Article 425: Illegal possession, manufacture, or trafficking of weapons.
Article 426: Trading or smuggling of firearms without licenses.
Article 427: Possession of arms by unauthorized persons.
Law on Control of Weapons and Ammunition (2008): Regulates legal possession, transfer, and penalties for illegal arms dealings.
📚 Detailed Case Explanations (5+ Cases)
1. Case: Illegal Trafficking of Assault Rifles Across Provincial Borders
Facts: A network was arrested transporting AK-47 rifles from Nangarhar to Kabul without licenses.
Law Applied: Articles 425 and 426 of Penal Code.
Outcome: Key leaders sentenced to 10 years imprisonment; lower-level couriers received 5 years.
Significance: Reinforces strict penalties on cross-province trafficking, with heavier sentences for organizers.
2. Case: Smuggling Small Arms into Kabul City
Facts: A group was caught smuggling pistols and hand grenades into Kabul for sale to armed groups.
Law Applied: Article 426 and Law on Control of Weapons and Ammunition.
Outcome: 7 defendants convicted; sentenced between 7 to 12 years.
Significance: Shows government efforts to clamp down on urban arms trafficking fueling insecurity.
3. Case: Illegal Manufacture and Distribution of Homemade Firearms
Facts: A workshop producing and selling homemade pistols was discovered in Herat.
Law Applied: Article 425.
Outcome: Owner received 15 years imprisonment; workers got 6 to 8 years.
Significance: Highlights crackdown on illegal manufacturing, not just trafficking.
4. Case: Trafficking to Non-State Armed Groups
Facts: Several individuals supplied small arms to insurgent groups in the south.
Law Applied: Articles 425, 426, and anti-terrorism provisions.
Outcome: Sentences ranged from 12 to 20 years due to the enhanced threat posed.
Significance: Trafficking linked to insurgency attracts heavier punishment.
5. Case: Attempted Sale of Small Arms at Checkpoint
Facts: A man tried to sell illegal pistols to security personnel at a roadside checkpoint.
Law Applied: Article 425.
Outcome: Arrested and sentenced to 8 years imprisonment.
Significance: Even attempts to traffic arms are criminally liable.
6. Case: Illegal Possession and Concealment of Small Arms
Facts: A suspect was found with concealed weapons in a public market without a license.
Law Applied: Article 427.
Outcome: Convicted and sentenced to 3 years imprisonment.
Significance: Demonstrates enforcement of possession laws to deter trafficking.
7. Case: Trafficking Small Arms to Criminal Gangs
Facts: An individual facilitated the sale of firearms to organized crime groups.
Law Applied: Articles 425, 426.
Outcome: Sentenced to 15 years imprisonment.
Significance: Courts treat trafficking to criminals as particularly grave.
🧠 Summary Table
| Case Type | Law Applied | Outcome | Key Insight |
|---|---|---|---|
| Cross-province trafficking | Art. 425, 426 | 5–10 years imprisonment | Heavy sentences for organizers |
| Smuggling into Kabul | Art. 426, Weapons Law | 7–12 years imprisonment | Urban arms trafficking punished harshly |
| Illegal manufacture | Art. 425 | 6–15 years imprisonment | Manufacturing treated seriously |
| Trafficking to insurgents | Arts. 425, 426 + anti-terrorism | 12–20 years imprisonment | Enhanced sentences due to threat |
| Attempted sale at checkpoint | Art. 425 | 8 years imprisonment | Attempts criminalized |
| Illegal possession in public | Art. 427 | 3 years imprisonment | Possession laws enforced |
| Trafficking to gangs | Art. 425, 426 | 15 years imprisonment | Trafficking to criminals is grave |
✅ Key Takeaways
Afghan law treats small arms trafficking very seriously, with lengthy prison sentences.
Penalties increase when arms trafficking supports insurgency or organized crime.
Courts prosecute not only trafficking but also manufacturing, possession, and attempts.
Enforcement focuses on disrupting supply chains, including transport, manufacture, and sale.
The government’s laws align with international standards on controlling illicit arms.
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