history of supreme court

History and Introduction to the Supreme Court

Under article 116 of the Constitution of Afghanistan, the judicial branch is an independent organ of

the state of the Islamic Republic of Afghanistan. The judicial branch is composed of appellate courts and primary courts that their Tashkeels and mandates are regulated by the law.

Introduction the Supreme Court in the Judicial System of Afghanistan


Composition of the judicial system, after the establishment of the new supreme court due to the Law on Organization and Jurisdiction of Courts approved in 2005, is as following:

  1. The Supreme Court

  2. Appellate Courts

  3. Primary Courts

The supreme court as the greatest judicial organ, is the top of the judicial system in accordance with article 117 of the Afghanistan Constitution.

Affairs of the supreme court are regulated by the head, members, the high council, general department of judiciary, and some professional and administrative offices based on the law.

The high council is the highest organ of the supreme court which is the actor of the judicial system.

The high council is holding the following mandates:

  1. Judicial:

  • Handle and detach criminal and disciplinary cases of judges

  • Interpret laws

  • Reconsider the final verdicts of courts

  • Proposed drafting laws in judicial system

  • Assess evidences and make decisions regarding rehabilitation of offenders

  • Evaluate inquiries for instruction by courts and provide instructions/answers accordingly

  • Ensure consistency of judicial procedures


 

  1. Administrative:

  • Approve regulations and rules related to judiciary

  • Prepare budget in consultancy with the government and apply it

  • Authorize the hearing mandate from one court to another one (court change)

  • Lead and control activities of courts

  • Regulate personal affairs of judges

  • Evaluate conclusion of scrutiny and studies of judicial affairs and take precautions accordingly

  • Take precautions to raise knowledge of judges

  • Regulate judicial statistic affairs

  • Perform other affairs related to judicial system


 

Details of Judicial Tashkeel in Afghanistan is as following:

One- The supreme court: civil, commercial, general criminal, public security and military crimes, and crimes against public security and public benefits divisions

There are two members of the supreme court, some judicial advisors, judicial reports, and administrative personnel in every single division.


 

Two- Appellate Courts: There an appellate court in the center of each province consist of the following divisions:

  • General Criminal Division

  • Public Security Division

  • Civil and Personal Affairs Division

  • Public Rights Division

  • Commercial Division

Three- Primary Court: involves urban primary courts in the center of provinces and district courts in the center of districts.

Four- Other Court: Such as: Juvenile Court, Family Courts, Commercial Primary Courts and Narcotics Division.

Five- Deeds Office: These offices are in the centers and provinces and validate required documents and districts deliver deeds affairs in the districts.


 

Central Tashkeel of the Supreme Court:


In accordance with Constitution of 2003, in order to regulate administrative affairs of courts and authorize the judiciary, the general administrative department of judiciary was established in order to implement the for following respective affairs:

  1. Office of the head: regulates affairs of the chief justice, meetings, international issues, and external relations

  2. Correspondent Directorate of the Supreme Court: Regulates affairs related to petitions and assures contacts of the supreme court the presidents’ office, national assembly, and other governmental and non-governmental organization.

  3. Secretariat the High Council of the Supreme Court: regulates the executive and secretariat of affairs of the high council, approvals, memo, contracts and drafts and finalized decisions and announces them to relevant references once approved.

  4. General Directorate of Scrutiny and Studies: evaluates and studies inquiries of instruction of courts, issues scrutiny views accordingly and refer them to the high council for the evaluation. In addition to law affairs, judicial terms of reference, it regulates personal affairs, training of judges, and conducting judicial seminars to exchange judicial experiences.

  5. Judicial Audit Directorate: researches and inspects affairs of courts regularly (periodically) every three years and when required exclusively.

  6. Directorates of Deeds and Registration of Documents: regulates affairs related to deeds in terms of quality and quantity.

  7. General Directorate of : expresses views and issues fatwah regarding questions about Islamic Rights

  8. Directorate of Publications: performs cultural and publications affairs of judiciary in the fields of publication of Qaza Magazine, Mezan Gazette, judicial library, publication of judicial books and brochures, networking, and websites activities of the Supreme Court.

  9. Directorate of Press: regulates and broadcasts press affairs of the Supreme Court such as: news, press conferences in the fields of courts’ activities and reflects activities of the judicial system through media and TV.

  10. Directorate of Finance and Administrative Affairs: regulates financial and administrative affairs of the Supreme Court in accordance with laws and related terms of reference.

  11. Directorate of Control and Care: fights against corruption.

  12. Directorate of Maintenance: is assigned to construction affairs and maintenance of the judicial system

  13. Directorate of Personal Affairs: performs personal affairs of judicial staff including assignment, duty rotation, promotion, and retirement.