In absence of rule of law, the capacities exist for well-being and stability are exploited by certain groups and individuals against the rule of justice, thereby divesting the society of an enduring stability. It is one of the very major factors for instability in the country. Although the government claims Afghan laws are unmatched in the region in terms of the protection of civil rights and liberties, Afghan people have not yet enjoyed the benefit of these laws due to non-implementation. Afghans have observed a few instances where the law was implemented, yet only on the poor. The claws of law are yet to bring the powerful to justice in Afghanistan.
The alleged hostage-taking and torture of a member of Balkh Provincial Council by the provincial governor, Atta Mohammad Noor, is a clear example of making mockery of the law. The Balkh administration had initially claimed Asif Momand was detained by police at the behest of legal and judicial institutions; however, the police rejected the claim later, acknowledging the provincial council member had been held hostage by gunmen loyal to Noor. After his release, Momand gave a harrowing account of his arrest and subsequent torture. Addressing a press conference in Kabul, he said he had been tortured by Noor’s men, and his left ear bitten off by Noor’s son in captivity. Momand was then handed over to Balkh Directorate of Security, from where he left for Kabul. Momand’s allegations against Noor are very serious, the investigation of which is a major challenge for the government. The case should not be buried as others. Besides the government, human rights organizations, especially the Afghanistan Independent Human Rights Commission (AIHRC) which has long been blasted for its selective handling of such cases, should properly probe into the incident. If the government cannot deliver justice in the human rights violation case of an incumbent provincial council member, how the people should expect such a government to protect their rights. If AIHRC chooses to keep silence on such an evident, grave human rights violation, how Afghan people should view it as their commission. In addition to the Afghan government, the international community should also take cognizance of the criminal aspect of the case besides its political side, and force the government to ensure justice in the case.