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Afghan Judge Discusses Legal Reform in Afghanistan

By Kelly Bronk

Even though Afghanistan still faces many challenges in rebuilding its judicial system, Abdul Saboor Hashimi, chief judge of the Sangcharak district of Sari Pul province, remains optimistic about the current progress and future prospects of legal reform throughout the country.

"I am optimistic about the future of the Afghanistan judicial system," he said. "I think that it is better now than five years ago, and we're doing our best to expand the rule of law within Afghanistan."

During a July 21 State Department-sponsored webchat, Hashimi answered questions from an international audience about Shariah law in Afghanistan, ways to address corruption in the court system and the role the United States has played in supporting Afghanistan's legal system. Hashimi is currently a visiting foreign fellow at the Washington-based Federal Judicial Center, a research and education agency of the U.S. federal judicial system, and is studying the U.S. legal system, particularly the federal judiciary.

"The U.S. legal system is good for the American people," Hashimi said. "However, the U.S. legal system is different from the Afghan legal system. The way that the U.S. applies rule of law principles to its legal structure is the best lesson to apply to the Afghan legal system."

The legal systems of the United States and Afghanistan are fundamentally different, the Afghan judge said. In the United States, the judicial system is an adversarial system in which each side must present the facts and argues its position before an impartial judge, and sometimes a jury, who determine the outcome of the case. In contrast, Afghanistan's legal system, which also comprises district courts, appeals courts and a Supreme Court, is inquisitional: Judges are tasked with investigating the case and determining the facts.

Goal is Strong, Independent Afghan Judiciary

Despite that difference between the two systems, Hashimi said, support from the United States is invaluable to Afghanistan's judicial system. "They are a good friend to Afghanistan, and [they] are working to support Afghanistan's legal system."

Aid from other countries can help to foster a strong and independent judicial system in Afghanistan, according to Hashimi. "Western countries can be most helpful in providing assistance with the physical aspects of the judicial system - providing equipment, educational resources," he said. "Countries wanting to assist the Afghanistan judicial system should be familiar with the Afghanistan Supreme Court 5-Year Strategic Plan."

The five-year plan is a road map to strengthening the country's legal system. (See "Afghanistan's Judiciary Rebuilding Under New Supreme Court ( http://www.america.gov/st/washfile-english/2007/November/20071128174012esnamfuak0.8012964.html ).")

"The plan mandates enough judges for all judicial positions," Hashimi said. "It also calls for the creation of a judicial education and training institute. In addition, the plan seeks to simplify the case management system through more efficient case filing."

Hashimi said he believes the strategic plan also is helping reduce corruption in the court system. "I do not deny that there are issues of corruption in the courts," he said. "Judges are often underpaid, and although this is not an excuse for corrupt behavior, it is a factor. That said, I am optimistic that things are getting better regarding combating corruption within the courts."

According to Hashimi, although the rule of law and governance in Afghanistan is improving constantly, rebuilding the judicial system is a slow process. "We must recognize that there is not an overnight solution," he said. "Broad change takes time."

For additional information, see "Afghan Judge Hashimi Discusses Legal Reform in Afghanistan ( http://www.america.gov/st/washfile-english/2008/July/20080721130845eaifas8.115786e-02.html )."

Source: U.S. Department of State