how many case of corruption reported to attorney general office afghanistan

by Ms. Martina Blick I 9 min read

Full Answer

How many types of corruption are there in Afghanistan?

What is the central route of corruption in Afghanistan?

How much of Afghanistan's GDP is lost to graft?

What are the effects of patronage in Afghanistan?

Why did Afghanistan lack resources?

What is the chief form of corruption in the education sector?

Why do people pay bribes in Afghanistan?

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Afghanistan Corruption Rank 2022 Data - 2023 Forecast - TRADING ECONOMICS

Afghanistan is the 174 least corrupt nation out of 180 countries, according to the 2021 Corruption Perceptions Index reported by Transparency International. Corruption Rank in Afghanistan averaged 169.81 from 2005 until 2021, reaching an all time high of 180 in 2011 and a record low of 117 in 2005. This page provides the latest reported value for - Afghanistan Corruption Rank - plus previous ...

The U.S. ignored corruption within the Afghan government. Did that lead ...

As the Taliban faces protests and dissent across Afghanistan, William Brangham explores the collapse of the country's government — built and supported by the U.S. and allies for 20 years. For a ...

How many types of corruption are there in Afghanistan?

Afghans have identified over 70 types of corruption that affect them personally, "ranging from public administration and elected bodies to private sector, international aid, and the Taliban." Afghans identify corruption mostly with government institutions but have experienced it in many sectors.

What is the central route of corruption in Afghanistan?

The Asia Foundation describes the central route of growing corruption in Afghanistan as the strength of patronage politics in the country. While patronage is a centuries-long Afghan tradition, it is now an integral part of the society, and its entanglement with criminal activities is a growing concern.

How much of Afghanistan's GDP is lost to graft?

The US Special Inspector General for Afghan Reconstruction (SIGAR) has estimated that over half of the nation's annual customs revenue is lost to graft. In a 2015 article, Parag R. Dharmavarapu noted that while Afghanistan's GDP had quintupled since 2002, the society remained riddled with corruption.

What are the effects of patronage in Afghanistan?

According to the World Bank, Afghan traditions of patronage have resulted in a constant tampering of merit-based appointments to public positions, presidential staff, member in Parliament, military commanders, and any position relating to political influence—all of which has resulted in massive corruption, which has been ex acerbated by massive foreign assistance and a narcotics trade so large that it has warped the Afghan economy.

Why did Afghanistan lack resources?

According to report, the nation lacked any pre-existing resources to combat corruption, owing in part to late intelligence of Afghan corruption, a lack of physical security , and a lack of the international community's will to address the issues at hand.

What is the chief form of corruption in the education sector?

The chief form of corruption in the education sector involves so-called " ghost teachers " and double-registered teachers. Anything involving paperwork in the educational system requires small bribes.

Why do people pay bribes in Afghanistan?

Bribes must be paid in Afghanistan to secure most public services. A UN study shows that the completion of public services is reliant almost solely on bribes paid and has resulted in a severe hampering of economic growth. Petty bribery has been the leading cause of distress among the average citizens of Afghanistan, although it is generally only the high-level corruption cases that are reported in major media.

What are some examples of anti-corruption in Afghanistan?

None of this comes as any surprise, as Afghanistan’s post-2001 anti-corruption history is rich with examples of just that – frequent changes in legislation, changes in personnel, inconsistently followed plans and the creation of numerous anti-graft institutions, most of which have had a very short life span, as will be explained in the following section.

How many cases have been tried in the ACJC?

The UNAMA report found that from its inception to mid-May 2019, the ACJC court has tried 223 defendants in 57 cases before its trial chamber and 173 defendants in 52 cases before its appellate chamber. Thirty-six of its cases against 117 accused have been decided after an appeal to the Supreme Court, the report said. It had also issued 127 warrants and summonses, out of which only 13 warrants and 39 summonses could be executed to date, with only a single defendant tried as a result. According to UNAMA, the number of defendants tried in their absence before the ACJC remained high in 2018 and 2019, at 20 per cent. It also said:

What is the UNAMA report?

The UNAMA report, however, warns that recurrent changes in legislation, inconsistent implementation of the 2017 Anti-Corruption Strategy and ad hoc interventions to change a course of reform or frequent changes in personnel within key institutions may have had a reverse effect.

How many commissioners are there in the MEC?

The MEC’s commissioners consist of six senior anti-corruption experts selected by the Afghan government and its international backers, with the chairmanship alternating between an Afghan and an international every six months.

When was the new anti-corruption law passed?

The new anti-corruption law was submitted to the Wolesi Jirga on 11 October 2018, about 20 days before the parliamentary elections (see this AAN thematic dossier on the aftermath of the 2018 parliamentary elections). As the new national assembly was only inaugurated on 26 April 2019, the law has not yet been debated.

When were anti-corruption benchmarks first used?

2006 saw the first anti-corruption benchmarks being agreed when the Afghan government and its international backers signed the Afghanistan Compact. Since then, they have been a prominent feature in all key agreements between the Afghan government and its international backers. These benchmarks are also used to measure anti-corruption efforts.

Who is the deputy attorney general of Herat province?

In June 2018, the former chief prosecutor of the Anti-Corruption Justice Centre, Muhammad Alef Erfani was appointed deputy attorney general for anti-corruption but was then moved to the post of chief appeals prosecutor for Herat province in November 2018. Erfani told AAN in an interview conducted on 9 October 2018 while he was still the DAG-AC, that “no matter where you work on anti-corruption, you are always on the front line.” However, he had little to report on the achievements of the newly established deputy office. It seemed then that he was also struggling with the DAG-AC’s broad mandate.

What are the three governmental entities that are responsible for law enforcement and maintenance of order in Afghanistan?

Three governmental entities share responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the National Directorate of Security. The Afghan National Police, under the Ministry of Interior, has primary responsibility for internal order and for the Afghan Local Police, a community-based self-defense force with no legal ability to arrest or independently investigate crimes. In June, President Ghani announced plans to subsume the Afghan Local Police into other branches of the security forces provided individuals can present a record free of allegations of corruption and human rights abuses. As of year’s end, the implementation of these plans was underway. The Major Crimes Task Force, also under the Ministry of Interior , investigates major crimes including government corruption, human trafficking, and criminal organizations. The Afghan National Army, under the Ministry of Defense , is responsible for external security, but its primary activity is fighting the insurgency internally. The National Directorate of Security functions as an intelligence agency and has responsibility for investigating criminal cases concerning national security. Some areas of the country were outside of government control, and antigovernment forces, including the Taliban, instituted their own justice and security systems. Civilian authorities generally maintained control over the security forces, although security forces occasionally acted independently. Members of the security forces committed numerous abuses.

Why are there a shortage of women judges in Kabul?

Many women are unable to use the formal justice system because cultural norms preclude their engagement with male officials. During the year only 254 of 2,010 judges were women, a slight decrease from 2019.

What punishments did the Taliban use?

UNAMA reported that punishments carried out by the Taliban included beatings, amputations, and executions. The Taliban held detainees in poor conditions and subjected them to forced labor, according to UNAMA. On January 30, a video was posted showing a woman being stoned to death.

How many prisoners did the Taliban release?

As part of an exchange establishing conditions for peace talks between the government and the Taliban, the government released nearly 5,000 Taliban prisoners between March and September. The Taliban released 1,000 government prisoners between March and July as part of its commitments in the agreement.

What are the harsh conditions in Afghanistan?

Prison conditions were harsh due to overcrowding, lack of sanitation, and limited access to medical services . The General Directorate of Prisons and Detention Centers (GDPDC), part of the Interior Ministry, has responsibility for all civilian-run prisons (for both men and women) and civilian detention centers. The Ministry of Justice’s Juvenile Rehabilitation Directorate is responsible for all juvenile rehabilitation centers. The National Directorate of Security (NDS) operates short-term detention facilities at the provincial and district levels, usually colocated with its headquarters facilities. The Ministry of Defense runs the Afghan National Detention Facilities at Parwan. There were credible reports of private prisons run by members of the Afghan National Defense and Security Forces (ANDSF) and used for abuse of detainees. The Taliban also maintain illegal detention facilities throughout the country.

What is the Afghan National Police?

The Afghan National Police, under the Ministry of Interior, has primary responsibility for internal order and for the Afghan Local Police, a community-based self-defense force with no legal ability to arrest or independently investigate crimes.

Why are women detained for zina?

Authorities imprisoned some women for reporting crimes perpetrated against them and detained some as proxies for a husband or male relative convicted of a crime on the assumption the suspect would turn himself in to free the family member.

What is corruption in Afghanistan?

Corruption in its most general definition is the misuse of public trust for private gain and in that regard, it cannot exist without institutions designed to meet public or common interests. Much of the effort of the international community over the past seventeen years, with committed Afghan counterparts, has been to recreate these institutions after decades of war had destroyed them. It was hoped and expected that the creation of public institutions would have gradually diminished corruption by fostering a culture of public service and professionalism. As this report describes, there have been some areas where this theory of change has been demonstrated. The progress made in the past several years to develop an independent and well-trained civil service, for example, is welcome, though it will take some time before its effects are felt. For the most part, however, corruption remains a pervasive part of Afghan life and an impediment to Afghanistans recovery. In reality, the development of public institutions absent a culture of building trust in those institutions can create new opportunities for corruption. Every new law is an opportunity for a bribe to circumvent it, and every new bureaucratic process or rule is a potential toll booth for those overseeing compliance. Under these conditions, a culture of corruption overwhelms or even co-opts mechanisms created to fight corruption. As the report documents, there are numerous overlapping mechanisms to address corruption that have both created redundancies and gaps. The confusion created by these mechanisms can itself be an opportunity for corruption. The October 2018 parliamentary elections are an evident and disheartening example of this phenomenon. They were held under a reformed Election Law that had a number of measures intended to reduce corruption. They were to be overseen by an Independent Election Commission (IEC) that had been selected according to a consultative process involving various branches of government and civil society. Previous election commissioners had been selected by the President alone. The evidence of corruption and mismanagement during the 2018 elections was so severe that the members of both the IEC and the Electoral Complaints Commission (ECC) were dismissed by the President (as this report describes) and criminal proceedings against members are ongoing. The stated political will to tackle corruption must be demonstrated in part by closing the institutional gaps that enable impunity. As the report notes, ad hoc legislation prevents a strategic approach and contributes to overlaps and contradictions between laws that frustrate anti-corruption efforts. However, the report also notes that the reformed 2017 Penal Code provides a solid basis for prosecution of corruption offences in line with international standards and norms. The report describes the case of former Herat Governor for whom the ACJC issued an arrest warrant for abuse of authority on the instructions of the Attorney General but who asserted immunity from detention as a member of the Meshrano Jirga. On 5 May 2019, the defendant failed to appear at trial and the ACJC convicted him in absentia. It was the first time the ACJC convicted a member of the National Assembly. There are numerous incidents when arrests are not yet made by the police, or charges are not yet issued by the Attorney General, or suspects are released before trial, or orders not to leave the country are not enforced. The report notes the high number of cases tried in absentia of defendants who had been released on their personal guarantees. Technically, there are legal and procedural grounds for each of these decisions. Cumulatively, however, they have led to a situation characterized by low execution of ACJC arrests, lack of actual enforcement of sentences in high-level cases, and fewer

What were the six benchmarks Afghanistan had agreed to meet before the conference?

Afghanistan had agreed to meet six benchmarks before the conference including: (1) conducting transparent, fair and credible parliamentary elections; (2) carrying out corruption-related outstanding arrest warrants; and (3) reforming the security sector, in particular by completing the biometric registration of police personnel.15The review of the anti-corruption benchmark demonstrated major gaps in law enforcement; out of a list of 48 arrest warrants and 79 summonses, only 13 warrants could be executed by the time of the conference and immediately after.16

What is the Geneva conference on Afghanistan?

Observations The 2018 Geneva Conference on Afghanistan highlighted the importance of advancing Afghanistans anti-corruption reforms as well the donors continued commitment to support Afghanistan in these reforms. The new Geneva Mutual Accountability Framework (GMAF) identified key areas where progress in curbing corruption should be achieved over the next two years. It should be used as an effective tool to accelerate reforms.

What is the UNCAC in Afghanistan?

Afghanistans international obligations on preventing and prosecuting corruption are derived primarily from the 2003 United Nations Convention Against Corruption (UNCAC), which Afghanistan signed on 20 February 2004 and ratified on 25 August 2008.7

What is the IMF benchmark for Afghanistan?

Under the International Monetary Fund (IMF) Structural Benchmarks, Afghanistan was required to publish AJ -related data, including quarterly statistics on prosecutions and convictions of corruption offences, and court decisions on an ongoing basis.23The publication of full court decisions was also benchmarked in the revised Anti-Corruption Strategy.24While the Attorney Generals Office (AGO) demonstrated a willingness to meet these benchmarks,whom the publication of the decision is mandato and published statistics and a chart on ACJC decisions with names of defendants and the sanctions, on the AGOs website,25the ACJC did not establish a consistently functioning website and its judges argued the publication of full decisions (faisalas) was not possible under Afghan law. In August 2017, the Afghan Government, the U.S. Embassy, and Resolute Support launched the Afghanistan Compact, a reform mechanism comprising time-bound benchmarks related to economic growth, governance, security, and peace and reconciliation.26Each month, the Afghan Government reports its progress on pending benchmarks to four bilateral working groups that determine whether reform steps were achieved. While neither the compacts benchmarks nor the result of the compact meetings is public, the U.S. Department of Justice publicly reported that the negotiation framework

What was the 2017 SMAF deliverable?

The 2017/2018 corruption- related SMAF deliverable benchmarked for 2017 was: ^(1) the enactment of an Anti- Corruption Strategy and commencement of its implementation and (2) public reporting on implementation of progress of the five revenue generating ministries anti- corruption action plans.18As the May 2018 UNAMA Anti-Corruption Report noted, both benchmarks were formally met, albeit with delay.19The United States Special Inspector General for Afghanistan

What is the High Council for Rule of Law and Anti-Corruption?

The High Council for Rule of Law and Anti-Corruption (High Council) was established by Presidential Decree on 17 August 2016.29It is one of eight development councils listed in the Afghanistan National Peace and Development Framework (ANPDF),30and is responsible for overseeing two National Priority Programmes, the National Justice Sector and Judicial Reform Plan (NJSRP) and the Effective Governance Programme.31Unlike thethe MEC other development councils, the High Council was also codified in the Anti-Corruption Law, which provides that the High ouncils main goals areincluding AV to fight corruption and establish coordination among relevant entities under the chairmanship of the President.32

How many types of corruption are there in Afghanistan?

Afghans have identified over 70 types of corruption that affect them personally, "ranging from public administration and elected bodies to private sector, international aid, and the Taliban." Afghans identify corruption mostly with government institutions but have experienced it in many sectors.

What is the central route of corruption in Afghanistan?

The Asia Foundation describes the central route of growing corruption in Afghanistan as the strength of patronage politics in the country. While patronage is a centuries-long Afghan tradition, it is now an integral part of the society, and its entanglement with criminal activities is a growing concern.

How much of Afghanistan's GDP is lost to graft?

The US Special Inspector General for Afghan Reconstruction (SIGAR) has estimated that over half of the nation's annual customs revenue is lost to graft. In a 2015 article, Parag R. Dharmavarapu noted that while Afghanistan's GDP had quintupled since 2002, the society remained riddled with corruption.

What are the effects of patronage in Afghanistan?

According to the World Bank, Afghan traditions of patronage have resulted in a constant tampering of merit-based appointments to public positions, presidential staff, member in Parliament, military commanders, and any position relating to political influence—all of which has resulted in massive corruption, which has been ex acerbated by massive foreign assistance and a narcotics trade so large that it has warped the Afghan economy.

Why did Afghanistan lack resources?

According to report, the nation lacked any pre-existing resources to combat corruption, owing in part to late intelligence of Afghan corruption, a lack of physical security , and a lack of the international community's will to address the issues at hand.

What is the chief form of corruption in the education sector?

The chief form of corruption in the education sector involves so-called " ghost teachers " and double-registered teachers. Anything involving paperwork in the educational system requires small bribes.

Why do people pay bribes in Afghanistan?

Bribes must be paid in Afghanistan to secure most public services. A UN study shows that the completion of public services is reliant almost solely on bribes paid and has resulted in a severe hampering of economic growth. Petty bribery has been the leading cause of distress among the average citizens of Afghanistan, although it is generally only the high-level corruption cases that are reported in major media.

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Overview

Anti-corruption efforts

There have been many anti-corruption initiatives in Afghanistan, but the level of success has been uneven and unremarkable. Efforts have been made, for instance, to improve budget transparency. Formerly, the Ministry of Finance drafted the budget on its own; that is no longer the case, but more local involvement is necessary.
In 2008, Afghanistan ratified the U.N. Convention against Corruption, and Karzai established the …

Background

The Center for American Progress has attributed corruption in Afghanistan to decades of conflict that have prevented the formation of effective state institutions and civil society groups, to laws and regulations that are poorly enforced, to anti-corruption agencies that often contradict one another and lack resources, and to the fact that soldiers and police are often illiterate and public employees often underpaid and undertrained. Decades of constant warfare, moreover, allow pub…

Attitudes toward corruption

On the one hand, Afghans criticize corruption; on the other hand, they increasingly accept patronage and bribery as inevitable and even legitimate parts of daily life. A UN study found that in 2012, 68% of Afghans found it acceptable for civil servants to bolster their salary by charging bribes to service users. This represented an increase from 42% in 2009. Also, 67% found it acceptable for at least some civil servants to be hired because of family ties and friendship net…

Forms of corruption

Afghans have identified over 70 types of corruption that affect them personally, "ranging from public administration and elected bodies to private sector, international aid, and the Taliban." Afghans identify corruption mostly with government institutions but have experienced it in many sectors.
Bribes must be paid in Afghanistan to secure most public services. A UN study shows that the c…

Role of Karzai

Haroun Mir of Afghanistan's Center for Research and Policy Studies (ACRPS) and Business Integrity Network Afghanistan (BINA) noted in June 2015 that Hamid Karzai, Acting President of Afghanistan from 2001 to 2004 and President from 2004 to 2014, had been widely accused of perpetuating and initiating the corrupt economic system of the country through a patronage system that resembled a mafia. As a result, corruption is now considered an ingrained and acce…

Impact of corruption

SIGAR has called corruption a major impediment to the process of stabilizing and reconstructing Afghanistan. "Corruption is now widely acknowledged as having a significant impact on state building, development, and private sector growth in policy documents," stated the Asia Foundation in 2012. In 2013, Gen. John R. Allen, who at the time was in charge of international forces in Afghanistan, told President Obama that corruption is the greatest strategic and existential threa…

Specific cases

The Kabul Bank, established in 2004 by Khalilullah Ferozi and Sherkhan Farnood, was Afghanistan's first private bank. From the beginning, it was criticized as resembling a Ponzi scheme. It lent money to the nation's elite, who did not repay the loans. In an editorial The Guardian accused Ferozi of causing the most damage to Afghanistan besides the Taliban.
Ferozi and Farnood curried favor with President Karzai's family, whereupon the Afghan governm…