Friday, December 16, 2011

Courtroom and Judges

Experts and people have two opinions and visions regarding the Courtroom and Judges in Afghanistan. First the overall procedures of the courtroom from the legitimacy point of view is observed, and secondly, based on the social effectiveness of the decisions taken by the courts.

The proceeding of the trials according to the view of the experts have been illicit, the rules of the proceedings with in term of fair judgment in the decisions have not been promising. Relationships, power, money (bribe) are the top priority and has special place as long as the decisions of the orders are concerned.

The civil and criminal files in contrast with the law have been kept for long time. Very few open trials in the courts take place due to either lack of integrity or weakness of the judges in conducting of the trials. It is tried that the trials and decisions take place in closed doors, and after the issue of the order, the finger print of the plaintiff is put on the document. Since the orders that have been taken are injustice, the cases and files are circulating in the three courts, and have been kept for unknown period.

The reflection of these illicit acts has declined the trust of the people towards the legitimacy of the trials, and that is the main reason that people solve their civil cases in the local communities.


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