Message of “Qanoonpoh” Sayed Yousuf Halim
Head of the Supreme Court of GoIRA
Dear Esteemed Judges!
Judges have a special place in all human societies including our own beloved country Afghanistan, and they act upon their authorities in accordance with the constitution, Law on Structure and Authorities of Judiciary and other laws.
The authorities of the Judiciary as it is stated in Article 121 of the constitution, are; assessing the conformity of laws, legislative decrees, interstate and international treaties with constitution, and the interpretation of these materials based on the request of the government or courts in accordance with the provisions of the law.
As everyone have studied Afghanistan’s constitution, more than anything else it has concentrated on the principal rights and obligations of citizens, and since other laws are drafted and approved in the light of constitution thus the duty with the most responsibility of confirming laws and decrees with the constitution has been assigned to the Judiciary, which makes Judiciary the supporter and symbol of justice in the society.
In today’s world where observation of citizen’s right makes the fundamentals of organizing relations, the role of the Judiciary and courts in this regard is really important and valuable.
As we mentioned that observing the rights of citizens and proceeding their demands, conflicts and their rights is the most important duty of countries courts, the constitution has placed such serious duty as responsibilities to the courts but we will only be successful in it if we manage to be successful in creating a truly service full Judiciary system to the people.
Success in this regard means that we first understand the principal needs of the Judiciary and continue the employment of judicial cadres based on the qualifications, commitment and expertise, and we should give serious considerations in increasing the professional capacity of the judges by providing opportunities for them to not only learn short term training programs in the country but also go outside the country to acquire professional, expert and visual trainings and study modern legal, legislation and judicial systems so we can progress nonstop to the chosen path.
For the purpose of maintaining the prestige and trust of Judiciary we have to have healthy ranks and eliminate any sort of corruption or impurity and try our best to improve people’s access to justice, acquire their trust and by proper judicial behavior reach out to their hearts.
Today considering the provision of the law a reasonable salary has been considered for the living and welfare of the judges, we are now obliged to work better and by speeding the proceedings we should eliminate the castaway tradition of “Go today and come back tomorrow”, and proceed the cases with justice, independently and without any biased behavior, we should seriously consider all the rights of the accused persons and the suspects which are prescribed in the constitution and other laws while proceeding their trials. Without a doubt considering the principal of reward and punishment to those who work good and those who are committing judicial and administrative corruption, is helping us achieving our goals.
The judiciary based on the provision of the constitution is the only entity for lawsuit and observation of what was mentioned, represents the important basics of it, we the personnel of Judiciary can please God and acquire the trust of the government and people only if we deal with patience before people and behave in a proper and ethical manner, and perform the duties related to people without any interruption and stray. Be sure that humans are bounded to benignity and your good behavior before the litigants will be very valuable, as even if one of them looses the case, they will still support the decision of the judge due to your good behavior with them.
Once more, the Judiciary and on top the High Council of the Supreme Court through equal participation have conducted necessary studies to know the financial, technical and infrastructural needs of the Judiciary, and necessary steps have also been taken in regards to the design of the future strategy of Judiciary to ensure and implement reforming programs. Without any doubt the accumulation of the priorities, designing the strategy and understanding the challenges pertained to Judiciary, will help us in the advancement of our duties.
Consequently, on behalf of all personnel of Judiciary I thank H.E the President for his support in consideration of the Judiciary as an independent organ in its proceedings, and wish him a long life with success and righteousness in serving the suffered people of Afghanistan.
In accordance with article 116 of the Constitution of Islamic Republic of Afghanistan the judiciary is an independent body of the Islamic Republic of Afghanistan. The judicial power is comprised of the Supreme Court, Appeal Courts and Primary Courts the authorities of which are regulated by law.
Introduction of Supreme Court in the Judicial System of Afghanistan
The structure of the judicial power after establishment of the new Supreme Court in accordance with the law of Structure and Authorities of Courts approved in the year 1384 is as below:
In accordance with article 117 of the Constitution, the Supreme Court as the highest judicial branch of the government is heading the judiciary power.
The Supreme Court is managed based on law by the chief of Supreme Court, members, high council of the Supreme Court, general administration directorate of the judicial power and some professional and administration sections.
The High Council is the most senior organization of the Supreme Court which is representative of the judiciary power.
The high council has the following authorities:
A. In the judicial area:
B. In the administration area:
The details of judicial structures in Afghanistan are as below:
First - Supreme Court: Civil, commercial, general criminal, public and military crimes and crimes against public security and interest divisions.
In each division there are two member of the Supreme Court, a number of judicial counselors, judicial reporters and administration staff.
Second - Appeal Courts: In the center of each province there is an appeal court which has the following divisions:
Third – Primary Courts: Includes all city primary courts in the center of provinces and district courts in the center of districts.
Fourth – Other courts: Includes children courts, family courts, primary commercial courts and counter narcotics divisions.
Fifth – Documentation Departments: These departments are located in the center of provinces and are performing documentation of the required deeds of the people and in the districts the documentation affairs are done by the district courts.
Central Organizational Structure of the Supreme Court
In accordance with 1382 Constitution in order to manage administration affairs of the courts and implement administration reform in the judiciary the administration directorate general of the judiciary was established which is functioning through the following departments:
Appointment of the Supreme Court Members
In accordance with the orders of article 117 and 118 of the Constitution which is already explained, the Supreme Court comprising of follow is appointed as below after the approval of the national assembly:
A. Pohaand Abdul Salam Azimi | Chief of the Supreme Court of Islamic Republic of Afghanistan
B. Members of the Supreme Court: