Anti-Corruption Justice Center

Imprisonment of Two Military Officials to 15 and 4 years in jail

Kabul D4 Primary Court publicly sentenced Sergeant Ghulam Sediq, employee of Kabul Police Headquarters, Regional Control of Shakardarah District, and Sergeant Sayed Iqbal, employee of Kabul Traffic.      

The court sentenced Ghulam Sediq to 15 years’ imprisonment according to the article 396 of the Penal Code for the charge of violating weapon rules, which resulted murder of a person.

Meanwhile, this court also sentenced Sergeant Sayed Iqbal former employee of Kabul Traffic Directorate to four years’ imprisonment according to the article 34, section 2 of the Military Criminal Code, for the charge of violating traffic rules which resulted murder of a person.  

The court sentenced both of the accused in presence of media and the plaintiffs.

Mr. Osman Rasikh, Director of the mentioned court said, “this is not the final verdict, and the accused can appeal”.


Anti-Corruption Justice Center (ACJC) Conducts Open Trial of Two Individuals

On October 10, 2017, the Anti-Corruption Justice Center openly trialed Second Lieutenant Abdul Jalil, Finance Clerk and Zabiullah, Technical Clerk of Marouf district - Kandahar Province for the charge of embezzlement.

The Court sentenced Abdul Jalil to (20) years imprisonment according to article 158 of the Penal Code with the charge of embezzling AFN22,955,792 out of salaries and meal allowance of Police officers of Marouf Police Headquarters – Kandahar.

Likewise, the court cash fined the accused to an amount equivalent to the embezzled money and its reimbursement according to article 273 of the Penal Code.

Judicial Panel said: “An amount of AFN13,999,200 of the embezzled money has been deposited to the government account and should be considered.”

The court acquitted Zabiullah, the other accused due to lack of sufficient reasons for proving his association with Abdul Jalil in the embezzlement.     

 

The court also ordered prosecution of Mr. Nadir Khan, Police Chief of Marouf District and Abdul Matin, a police officer of the District Headquarters.   


Anti-Corruption Justice Center trials two Maruf District’s Police Headquarter employees

Anti-Corruption Justice Center (ACJC) appellate court session publicly trialed the Finance clerk, Abdul Jalil and technical clerk, Abdul Matin, from Maruf District’s Police Headquarter, Kandahar Province on  November 19, 2017.

The court sentenced Abdul Jalil to five years and one-month imprisonment in accordance with paragraph 2, article 268 of the Penal Code for the charge of each of the ten cases of embezzling 22,955,792 Afghanis.

Since maximum imprisonment punishment is determined “twenty years” for the crime mentioned in article 158 of Afghanistan Penal Code, the judicial delegation sentenced him to twenty years’ imprisonment.

The court also sentenced Zabihullah to five years and one-month imprisonment in accordance with paragraph 2, articles 268 and 39, of the Penal Code for the charge of each case of complicity in embezzlement. In accordance with article 158 of Afghanistan Penal Code, he was sentenced to twenty years of imprisonment too.

The court also sentenced the mentioned individuals to reimbursement of 22,955,795 Afghanis and an equivalent amount of cash fine in accordance with provisions of articles 273 and 39 of the Penal Code.

According to the session chief, an amount of 13,999,200 Afghanis cash has already been paid by the convicts to the relevant department, therefore this amount should be deducted from the total amount of 22,955,792 Afghanis.

According to the judicial delegation decision, Maruf District’s Police Chief, Nader Khan, Abdul Matin and other authorities responsible to take care of criminals and public assets, should seriously go under investigation. 

 

Director of this court said that the decision is not final. The convicts can appeal to the Supreme Court in case they are not convinced.


The Primary Court Trials Six Senior Officials of Maidan Wardak Police Headquarter

On October 23, 2017, the Anti-Corruption Justice Center (ACJC) publicly trialed six Maidan Wardak Province Police officials due to misusing the official authority.

The accused Brigadier General Mohammad Khalil Andarabi, Police Chief of Maidan Wardak province, Deputy for Administrative Affairs; Mohammad Hussain, Livelihood Officer; Qudratullah, Planning Officer; Rahimullah and Accountant; Fahim were trialed in this judicial meeting.

Based on the prosecutor’s findings, the mentioned suspects have embezzled an extra amount of 24 million Afghanis allocated for logistical needs of this province’s Police Headquarter.

In accordance with paragraph 1, Article 42 of Military Crimes Law and considering Article 39 of the Penal Code, the suspects were sentenced to three years’ imprisonment each.

In accordance with Article 4 of the Penal Code and Article 5 of Criminal Procedure Code, the judicial delegation, acquitted Logistics Officer, Mohammad Kabir, due to no evidence of his involvement in this case. The judicial chief said that if the contractors have any claim on the suspects, they can file a lawsuit in this court based on provisions of the law. He added that the decision is not final and the suspects have the right to appeal.


Appellate Court Publicly Trials Abdul Ghafar Dawi and Two Others

On Sunday, November 5, 2017, Appellate Court publicly trialed Abdul Ghafar Dawi, CEO of Dawi Oil Company, his deputy and a senior employee of Ministry of Transport.

These people are sentenced to the charge of treason, collusion with government employees in misusing official authority and forgery in fuel contracts by Anti-Corruption Justice Center.

Abdul Ghafar Dawi, CEO of Dawi Oil Company is sentenced to six years and eight months for the charge of misuse of official authority in several cases, treason and getting illegal loans from Kabul Bank according to article 158 of Penal Code.

Abdul Rezaq Zalali, ex-deputy of High Office of Anti-Corruption and Administration Director of Ministry of Transport was also trialed in this judicial session. He is sentenced to two years and six months according to article 158 of Penal Code for several cases of misuse of official authority.

Mohammad Asghar Gheyasi, Deputy of Dawi Oil Company is also trailed in this session. Judicial delegation sentenced him to five years and eight months for the charge of misusing official authority in several cases, treason in fuel contracts, renting government lands illegally and getting illegal loans from Kabul Bank according to article 158 of Penal Code.

Abdul Ghafar Dawi, Mohammad Asghar Gheyasi, and Abdul Rezaq Zolali were sentenced to 6000 AFN cash fine each.

According to the court decision, Abdul Ghafar Dawi and Mohammad Asghar Gheyasi have to pay USD 21,350,402.97 to compensate the government. The court also sentenced these two to reimburse USD 12,430,932.42. 

The court ordered to trial Sayed Kabir Zewari, Head of Technical Service, Sayed Ahmad Roshan, Deputy for administrative affairs , Ensaf Moin Deputy of Plan and Policy, Rasikh, Deputy for administrative affairs, Abdul Rashid Parwana and Ziaddin Zia, Deputy of Ministry of Commerce and Industry, Mohammad Naeem Dindar, CEO of Bank Milli, Abdu Rezaq Samadi, Deputy of Ministry of Finance, Mohammad Sharif Sharifi, , Deputy of Ministry of Commerce and Industry, Captain MoinKhan Wardak, Acting Head of Ariana Airlines, Hayatullah Diani, ex-CEO of Pashtani Bank according to article 69 of Penal Code.

 

According to court chief, “This decision is not final and the accused shall appeal if they are not satisfied. 


Imprisonment of Five Pule Charkhi Prison Employees 

On August 14, 2017, the Justice and Judicial Center for Combating Corruption and Heavy Crimes sentenced former Pule Charkhi Prison In charge and four other employees with the charge of forgery and misuse of duty authorities.

The accused namely; Major General Sardar Mohammad Zazai Pule Charkhi prison former in charge, Colonel Mohammad Musa Communication Officer of the prison, Hashmatullah, Block’s Watchman, Mohammad Dawood, Block’s Commander and Mohammad Jan block’s guard were each sentenced to three years imprisonment for facilitating release of Jalaluddin who was sentenced for 20 years imprisonment for the case of drug smuggling.

It’s worth mentioning, that it was a primary court decision, and the accused have the right to appeal court’s decision. 


Abdul Rahman Sarjang Gets Three Years Imprisonment

On August 12, 2017, Primary Court of Justice and Judicial Center for Anti-Corruption and Heavy Crime conducted open trial court of former Helmand Police Chief, Abdul Rahman Sarjang.

The court accused him of misusing authority and sentenced him to three years imprisonment.