In the contemporary world, justice is considered the cornerstone of the legitimacy and sustainability of any system, but when the very foundations of justice revolve around corruption, the system’s legitimacy is called into question. In the fallen republic, the Attorney General’s office was not only a source of justice but also a major source of political rivalries, personal grudges, ethnic privileges, and financial corruption.
The Attorney General Office was an institution in the fallen republic which duty was considered to be law enforcement, monitoring criminals, prosecuting cases, and defending the rights of the people, but realities were far from the slogans. There was a large financial deal going on in the prosecutor’s office to dismiss, close, or acquit the defendant’s cases. Prosecutors often made decisions based on money, identity, ethnicity, or politics.
Base on a statement by Ahmadullah Alizai, an official from the fallen republic, who said, “Instead of being an institution that enforces the law, the Attorney General Office was a major source of corruption, bribery, abuse, and cases.” The heads and close associates of this agency would fabricate false cases against innocent people for personal gain. Those who could not afford to bribe or did not have connections with officials were imprisoned, tortured, and removed from their positions.”
Ahmadullah Alezai’s statements testify that the Attorney General Office of the Republic had become a major commercial center among powerful individuals, prosecutors, and politicians, where every major and minor decision was resolved not based on justice, but in exchange for bribes.
Ahmadullah Alezai also points out another point during this statement: “Oppressed officials in prison, while bribe-takers are free!” It had become commonplace for the oppressed official or ordinary Afghan who respected the law to be imprisoned; while those who paid bribes or had direct connections with the authorities were released, praised, and even given high positions.
During the fallen republic, the sale of positions in most Afghan government institutions was a common and shameful phenomenon, and the Attorney General Office was no exception to this disaster. This institution, which should have been the center of law and justice, had itself become a center of corruption; Alizai’s statement indicates that positions in the Attorney General office were also auctioned off by politicians and other powerful individuals and sold for money based on position and income.
In the fallen republic, two methods of buying positions were very common: one was through the influence and recommendations of politicians, lawyers, and powerful individuals, and the other was through direct cash transactions with officials and intermediaries.
It had become common for anyone who bought a high-ranking position to first try to recoup the money paid for the position and pave the way for securing additional capital. Then, they would resort to bribery and corruption in the files, with some individuals having secret collaborations with smugglers, strongmen, or corrupt merchants, both to protect themselves and to generate revenue.
When a position is given to a money-grubber instead of a legal expert, that person is committed neither to justice nor to the nation. This action undermined the rule of law and showed people that the law is only applied to the weak.
Kabul Bank, which was considered one of the strongest banks in the Republic, was hit by Afghanistan’s largest financial scandal in 2010. This bank was ostensibly a private financial institution, but in reality, it was a source of personal use for senior officials, politicians, and powerful individuals.
Approximately $900 million was illegally withdrawn from Kabul Bank through suspicious loans and shell companies. It is believed that the leaders of the republic, members of Karzai’s family, ministers, lawyers, and senior officials were directly involved. The Attorney General Office opened a number of cases during the initial pressures, but those who were powerful were never brought to justice. Due to political considerations, prosecutors chose to either close the cases of the main perpetrators or sacrifice lower-level employees instead.
This and hundreds of similar large and small cases were a clear example of the incompetence and corrupt structure of the republic’s judicial institutions, and showed the people that those who own money and power do not appear before the law, that laws are only applied to the oppressed, and that they remain only on paper against the powerful.
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