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Afghan Attorney General & the latest incidents
By A. Khan

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  • Latest clashes with Attorney General

  • Alleged scandal at the Ministry of Public Health

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.
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.
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.
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.
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.
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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