Structure of Judicial System
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:
- Proceeding and separation of criminal and punitive cases of judges.
- Interpretation of laws.
- Revision of the decisions of the courts
- Suggesting development of laws in the judicial area
- Review of reasons and take decision regarding restitution of the convicted persons
- Giving authority of proceeding from one court to another (changing court)
- Review proposal of courts and provide responds accordingly
- Ensure consistency of judicial procedure
B. In the administration area:
- Approval of regulations and procedures related to judiciary
- Prepare budget in consultation with the government and its implementation
- Lead and monitor performance of administration of courts
- Manage personnel affairs of the judges
- Review the result of scrutiny and study of judicial affairs and take decision accordingly
- Take measures in order to enhance the knowledge level of the judges
- Manage judicial statistics affairs
- Other judicial related affairs
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:
- General Criminal Division
- Public Security Division
- Civil and Personal Affairs Division
- Public Rights Division
- Commercial Division
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:
- Office of the Chief of Supreme Court: is responsible for management of administrative affairs of the office, meetings, external and international affairs of the chief of Supreme Court.
- Correspondence Department of Supreme Court: is responsible for management of petitions, relationship of Supreme Court with office of the president, national assembly and other government and non government organizations.
- The Secretariat of High Council of Supreme Court: is responsible for management of executive and secretarial matters of the High Council of the Supreme Court. Also for drafting and finalizing approvals, notes, ruling and decisions of the council and after approval, communicating to the related sources.
- General Department of Research and Studies: This department is reviewing and studying proposal of the courts, case files of the judges and provides scrutinized recommendation accordingly and refers it to the high council of the Supreme Court for final review.
In addition, it is also managing legal and judicial procedural affairs, statistics, and training of judges and conducting judicial seminars to exchange judicial experiences.
- Judicial Inspection Department: is responsible for conducting inspection on a periodic basis every three year and on special cases as and when required.
- Documents and Deeds Registration Department: is reviewing document papers of the courts from qualitative and quantitative aspects.
- General Department of Islamic Verdict: Is providing comments and Islamic verdict on questions related to Islamic laws.
- Publication Department: Is managing cultural and publication affairs of the judiciary in regard to publication of judiciary brochure, Meezan publication, judiciary library, publication of books and judicial brochures, management of the network and website of the Supreme Court.
- Press Affairs Department: is managing media affairs of the Supreme Court both releasing of news reports, interviews, media conferences in the area of work of courts and reflection of activities of the judiciary through TV and different mediums.
- Finance and Administration Department: Is managing finance, administration and accounting matters of the Supreme Court in accordance with enforced laws, regulations and procedures.
- Control and Monitoring Department: Is working on anti corruption matters.
- Construction Department: Is responsible for building needs of the judiciary and its maintenance.
- Personal Affairs Department: Is managing personal affairs of the judiciary including their appointment, transfer and retirement issues.
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. Chief of the Supreme Court of Islamic Republic of Afghanistan
B. Members of the Supreme Court: