Justice should not be sacrificed for political compromise in Momand’s torture case

Tuesday, 22 August 2017 02:19 Written by  Heart of Asia Read 99 times

The probe panel tasked to investigate the torture case of Balkh Provincial Council member Asif Momand by Ata Mohammad Noor, the provincial governor, says their initial findings show Momand was detained by Noor’s orders at the Mazar-e-Sharif airport. Abdul Habib Jabarkhail, a member of the investigation team, has said Asif Momand had been taken to Noor’s residence after detention, and then handed over to security forces with bruises all over his body.  Jabarkhail has also promised to continue the investigations, and submit them to the government once completed. 

 

Based on the initial findings, the provincial council member had been arrested at the behest of provincial governor other than legal and judicial institutions, which is brazen violation of the law. As a representative of the central government, the provincial governor, instead of ensuring justice, had taken an individual hostage from the airport in a broad day light in the presence of security forces because of political differences.

While the incident has become somehow clear, the government has not yet taken any actions against Noor, and even has not suspended him. If the case is remitted to legal and judicial organs when Noor is still the provincial governor, it is not rational to expect justice will be delivered because if he can detain a provincial council member without the authorization of legal and judicial institutions in the presence of security forces, he can also influence the decisions of judicial institutions using his power, and can even challenge the law as in this incident. 

In the majority of such incidents in Afghanistan, justice is sacrificed for political deals. In lieu of consolidating the rule of law through law enforcement on violators, preference is given to political compromise, thereby emboldening law-breakers to continue to commit more violations. If the Dostum-Ishchi case had been adjudicated through legal channels, no one would have dared to commit such crimes in the future.