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Afghan Attorney
General & the latest incidents |
By A. Khan
afghanarticle@hotmail.com |
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July 29,
2007
The corrupt officials in the government machinery have been
illegally siphoning millions of Dollars into their pockets. This is a grave
situation. Despite the general recognition on the part of government that
corruption is among one of the main causes in undermining government, very
little has been done to curb it. The Governor of Central Bank has termed
corruption the biggest Afghan problem next to the violence.
There have been several debates, forums,
workshops, conferences, publications on this burning issue, but none
have effectively contributed |
The
minister of health at one stage threatened to tender resignation in case
his men were not released. This leads us to the conclusion that the
minister himself is not a law-abiding individual. This is an extremely
deplorable act that a minister, who claimed to be one of the best
professional personalities in the present setup, is misusing his
position to secure the release of those being accused of corruption.
 |
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to the
mitigation of this bug. All efforts have been in vein. There are abundant raison
d'êtres as to why these efforts have been failed: the political will, high level
intervention in corruption cases, cover-ups, president’s accommodative approach
towards certain corrupt elements, security, weak institutions and low capacity,
and poor accountability, etc.
It is
internationally believed that in any given post-conflict county, corruption
finds its niche in almost all institutions of the government, which then makes
the government efforts in reconstruction and development stranded. This is what
exactly happening now in Afghanistan. This notion may hold true but looking at
the injection of thousands of international experts, including experts of Afghan
origin, who support the government in state building, makes Afghanistan a unique
country - and who can make a difference on the ground in an acceptable
timeframe. Political will, the main driving force in implementing
anti-corruption policies and strategies, is completely lacking. Under so-called
tremendous coercion, the president has never been so assertive in dealing with
corruption cases, and has assumed passive role in handling them. While,
corrupt-lords have remained aggressive in looting of exchequer. The president’s
deliberate apathy has further emboldened them to continue with sucking bloods of
both unfortunate Afghans and the taxpayers (international community), thus
contributing to the further frustration of Afghans. |
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The second most significant point is the high level intervention
in corruption cases. As noted above, being too coerced and lacking
assertiveness, the president has always bowed down before the unwarranted
interventions within the government and outside, leading to the full enjoyment
of impunity by corrupt-lords, in addition to the involvement of the high-level
officials themselves in corruption. Other factors include the external
influence, political affiliation, nepotism, etc. The reappointments of
corrupt-lords into senior positions have also crippled efforts in curbing
corruption.
The third point is
the lack of coordination amongst security, reconstruction and state building
efforts. If coordination is not handled wisely and urgently, otherwise the
“collapse” of the socio-political system and elected leadership seems
inevitable.
Why Attorney
General’s Office has not been yielding results is the increased uninterrupted
intervention these days by the high ups, in addition to weak capacity in dealing
with corruption cases and the poor support it receives from the president
office. Nevertheless, AGO has been doing wonderful jobs, despite some shortfalls
in its top leadership, i. e. short-temperedness, involving in petty issues,
hasty decisions – which need to be worked on for improvement. The recent
controversial incidents, where AG had clashed with one of the ex-jihadi generals
of the interior ministry, and the detention of two so-called corrupt officials
belonging to the ministry of health, and their subsequent release, have further
diluted AGO’s position. The active intervention of the minister in the latter
may suggest that the accused are being supported without due consideration to
the supremacy of the AGO. |
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The minister of health at one stage threatened to tender
resignation in case his men were not released. This leads us to the conclusion
that the minister himself is not a law-abiding individual. This is an extremely
deplorable act that a minister, who claimed to be one of the best professional
personalities in the present setup, is misusing his position to secure the
release of those being accused of corruption. It is the duty of AGO to detain
those accused of being involved in corruption deals until their cases have been
fairly reviewed for the alleged misuse of public funds, property, etc.
In this scenario, the best act by the
minister of health would have
been to wait for the results of the investigations rather than taking
stand against the AGO. |
The Afghan
leadership must avail to the fullest extent possible the presence of the
international community in the reconstruction and development of Afghanistan,
particularly in strengthening of the public institutions. In light of the
volatile global situations, the resources earmarked by the international
community to Afghanistan, can be diverted to other hotspots in the world any
time, as was the case in the Iraq war. |
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Other
instances include stern opposition by two governors (Herat & Mazare Sharif) to
allow some of their corrupt officials in these provinces to be tried for alleged
corruption cases, had already damaged the vital role of AGO.
The rule of law has
always been overshadowed by certain elements within the government. The latest
Rome conference on rule of law may not bear fruit unless and until we respect
the rule of law. Over the past five years, Afghanistan has seen a flock of
international law experts, who have been contributing to the revision of rule of
law documents, and much has been achieved. Now, the problem is not the defects
in laws itself, but are the individuals who defy and ridicule the basis of
judiciary system. I strongly believe the judiciary system and laws developed
over the past several decades are still valid and have many clauses that
explicitly prevent large and small scales corruptions, and have straightforward
provisions of punishment for all sorts of corruptions.
Considering the waning position of AGO, the options now left with
AG, to my understanding, are either to turn the tide in the strongest possible
way on those corrupt-lords being supported by both the president office and his
entourage. If there has been any intervention, weather it is overt or covert by
the president or other senior officials, it must be made publicly known, with
full media coverage. However, AGO must ensure that the allegations are then
based on the substantial evidence. |
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The second option for the AG is to tender his resignation openly
and present a detailed report on his reason for leaving. The report must include
the accounts on the interventions of the president and senior officials. The
resignation will certainly draw the attention of both Afghans and international
community. Doing so would result in the unveiling of those who pose themselves
to be the true sons and daughters of this country, while contrary contributing
to the weakening of the essence of democratic system.
If the president is
to save the moral collapse of the state, he needs to take bold actions in the
best interest of the nation, such as by fully supporting Attorney General office
and other bodies involved in curbing corruption. Being a heinous crime the law
must be fully implemented and no second thought or compromise to be granted once
the accused has been convicted. There are ample good examples where even
execution of corrupt officials has taken place, particularly when things go out
of hand. For instance, BBC reported on 10th July 2006, the execution
of the former head of the State Food and Drug Administration, Zheng Xiaoyu in
China for corruption, He was convicted of taking 6.5m Yuan ($850,000) (£425,400)
in bribes and of dereliction of duty at a trial in May. This exemplary
punishment gives sufficient hints for the Afghan government to deal with
corrupt-lords with iron fest. International community must also show sincere
commitment in the implementation of the anti corruption campaign.
The Afghan
leadership must avail to the fullest extent possible the presence of the
international community in the reconstruction and development of Afghanistan,
particularly in strengthening of the public institutions. In light of the
volatile global situations, the resources earmarked by the international
community to Afghanistan, can be diverted to other hotspots in the world any
time, as was the case in the Iraq war. The sound judgment dictates that no
single opportunity to be missed at this crucial time! |
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