Strengthening the Judiciary, Protecting Rights, and Building a Fair and Accountable Governance System

Speech at Fifth National Prosecutors’ Conference of Afghanistan

Keypoints: 

• Justice: Ensuring fairness from investigation to verdict.
• Integrity: Upholding ethical and legal standards.
• Rule of Law: Expanding legal authority across Afghanistan.
• Security Support: Valuing the sacrifices of defense and police forces.
• Local Governance: Coordinating district officials for national stability.
• Independence: Protecting judicial decisions from external interference.
• Stability: Strengthening society through law and order.
• Public Trust: Serving the people with courage and accountability.

In the name of Allah, the Most Gracious, the Most Merciful.

Honorable Attorney General, Mr. Sarfaraz, Mr. Barmak, Mr. Baig, all distinguished prosecutors, commanders of the security institutions, sisters, brothers, and our esteemed guests: Peace be upon you, and the mercy and blessings of Allah.

There is a famous poem by Khushal Khan Khattak that says:

“Devotion is for one’s own soul; but Justice is for the entire world.”

Today, you sit at this sacred table; you are the mimesis of justice, and Almighty Allah will question you regarding this justice in the hereafter. First, let me tell you this: when I go home, I spend much of my time thinking about your work. Governance must reach the people of Afghanistan. It is the duty of both you and me to ensure that whoever comes after us inherits a legacy of the implementation of the Constitution, justice, and social order. It is you—from the initiation of a case and the investigation to the final verdict—who make the judgments. This justice must always be balanced and equitable.

I thank the Honorable Attorney General and his colleagues who, in a very short period, are creating a fundamental atmosphere of trust within the judicial and legal apparatus of Afghanistan. I express my gratitude on behalf of the nation and the government for their moral integrity and legal conduct. To every prosecutor of ours who has taken a stand in the trenches for justice, the securing of people’s freedom, and the rule of law: I thank you from the bottom of my heart.

I know this is not an easy task. Corruption is easy; justice is difficult. But our hope is that justice becomes easy and corruption becomes difficult! I thank you for coming from the districts of Afghanistan. My request and desire is that you convey my greetings to the people of every single district of Afghanistan, one by one.

Second, the title of this magnificent gathering is an extremely appropriate one: “Towards the Expansion of the Rule of Law and the Securing of Justice in Afghanistan.” This is because, on one hand, it defines the primary goal of our judicial apparatus, and on the other, it acknowledges that we have not yet reached that goal. Reflect upon every word of this title. “Towards Expansion” means that from the Attorney General’s Office and the Attorney General himself down to the last prosecutor in the most remote district of Afghanistan, there must be a single order. Your assessment of that order, which does not yet exist, is valid; and within the set of proposals in the High Council of the Rule of Law, the Attorney General will present them on your behalf.

Our clear objective is that a nationwide equality, God willing, emerges in this country regarding the rule of law. But the essential point is that the spring has been cleared from the top; congratulations to you. If the spring is clean at the top, God willing, clean water will reach all of you.

The securing of justice is as important as the sacrifices of our security and defense apparatus. What they do with their blood, you do with your pen. Never forget the power and significance of your pen; for you can legally take both the property and the life of the people. This authority was not given to the bullet, but to your pen. Therefore, the people of Afghanistan, who have always demanded a just system, want this system to be secured by your strong and clean hands. I am confident that with the commitment and spirit I see, this goal of the Afghan people will be fulfilled.

Justice has vast roots in our holy religion and our great national culture. Look at the poems of Khushal Khan, look at Saadi, look at Amir Ali Shir Nava'i; ninety-five percent of them are the same. They emphasize justice.

Do not forget that in our great culture, the people are the roots and the government is the tree. No matter how powerful or tall a tree is, if its roots are weak, it will collapse—and thereafter, the handle of an axe is made from it, not the shadow of justice. For this reason, it is necessary for us to understand that this is not an imported thing. It has been fourteen hundred years since Anushirvan ceased to exist, yet today in our rural and urban cultures, the "Justice of Anushirvan" is still remembered. Leave such a name behind that each of you is remembered in the same way.

In this section, I want to repeat that I do not interfere, and I will not allow anyone to interfere in the legal and judicial decisions of Afghanistan. This is the negative side of the issue; because we, as a people, must first speak of force—because we are threatened, and we answer threat with threat. To the irresponsible armed individuals: I tell you clearly, if you act irresponsibly, you will be thrown in a cage. The people of Afghanistan are fed up with lawlessness, and now that the apparatus is clean at the top, the people expect to see the results at the bottom; there must be clarity.

But what is the positive side? You have my full support for your judicial independence and the full support of the state as a state. A state that is not anchored in the law is like a willow tree that shakes with every wind. It is the rule of law that transforms the tree into a vast and ironclad fortress.

We must understand what we are discussing. On the other hand, you must know that as long as there is no justice in Afghanistan, peace will not come. The meaning of peace is this: those who previously relied on guns and gunpowder must be assured that when peace comes—and God willing, it will—their lives and property are secure, they can move freely, and if they act according to the Constitution, no one will interfere with them.

It is appropriate that we remember the sacrifices and martyrs of the judicial apparatus with respect; may Allah (SWT) grant them all forgiveness. It is hoped, as we have clearly promised, that their families are cared for. We also respect and honor the martyrs of our security and defense forces and wish a speedy recovery for the wounded.

My third point is the role of the districts. The first point is this: today, a district police commander has two to five vehicles; the district governor has a motorcycle, and the prosecutor does not even have a bicycle. This is unacceptable. The conditions were those of war, specific, and the investment was imbalanced. Investment in our institutions must be balanced.

My clear directive—and first I thank Mr. Baig and Mr. Barmak for signing the MoUs and taking steps—is that I want a national policy at the district level where the governor, the police commander, the prosecutor, the director of education, and others work together as a connected and respected network. Each of you is dependent on the other. We must move away from this state where everything belongs to the use of weapons, and whoever has more weapons has more respect and importance. That state indicates a national crisis, not national stability. The day the prosecutor, the governor, and the police commander of Afghanistan work with equality as three complementary members of our administrative and service-delivery apparatus, God willing, the people will see the result.

What the Attorney General proposed, with the participation of Mr. Sangari and the Supreme Court—which is our judge and must always be the reference for justice and fairness—must be transformed into a network. Here, I demand a specific policy and plan from you. God willing, we shall not again see those days where our prosecutors were in rented shops. What does this mean? It means that the same respect I show toward the Attorney General, Mr. Sangari, and all members of the judicial apparatus, the police commander must show toward the prosecutor and the governor. If there is a deviation from this, Mr. Barmak, our culture has not changed. One of the criteria of our reforms is that we all work together, and God willing, this policy will be implemented.

Our fourth and primary point, which was in the statements of the Attorney General, Mr. Barmak, and Mr. Baig, is that our goal is stability. We are in an imposed defensive war; therefore, we are forced to defend ourselves. Regarding security conditions, I assure you that next year will not just be a year of defense; it will be a year of the offensive. The Corps, the Special Units, the Afghan Police units, and all of us are prepared to defend this soil until the last drop of our blood. But now, the goal of every operation of ours will be the consolidation of stability and the protection of the judicial apparatus, which must stand at the forefront of our work.

Again, I repeat: stability comes through the rule of law and the securing of justice. The criterion of stability is an orphaned child whose inheritance a local strongman cannot consume; the criterion of stability is a widow whom no one can force to act against Sharia or against the law; the criterion is a farmer from whom a powerful individual cannot forcibly take his land. When the Attorney General speaks of our rights and freedoms, these freedoms are not in the air; this freedom is in our existence, our bodies, and our blood.

Sisters and brothers, understand one thing in Afghanistan: the judgment of our people is very just. I am proud to be the President of this nation! Look at the patience of this nation and look at the courage of this nation. The Red Army came; was it this nation that defeated them or someone else? For forty years, we have dealt with blood, yet the hope of this nation does not break. The people are not despondent; do not you make them despondent! Be certain that Allah (SWT) has given this nation a will that demands reforms. This is not the time where the people turn their backs on reforms, as in the time of Amanullah Khan. The people want reforms from you; it requires courage from us and you to move according to the pulse of the people. God willing, this great program, which is for the stability, security, and prosperity of the people, will be implemented.

The final point is that the organizational structure is under your supervision, Mr. Attorney General! From my side, you have absolute authority for your structure to be flexible. In places where the volume of cases is higher, send more people, and where it is less, send fewer. Also, regarding facilities and budget, God willing, our attention will increase day by day.

Again, I express my gratitude for the very active participation of the sisters and brothers, and I congratulate the Deputy Attorney General for the Elimination of Violence Against Women [Prosecutor Sina Shina Mansoor], who is one of our experienced and successful prosecutors. I did not even ask to see you in person, because I had confidence in the judgment of the Attorney General and in your reputation. You all participated; the results of your consultation and analysis, and especially the classification of problems and proposals for action, will be brought by the Attorney General to the High Council of the Rule of Law, and a decision will be made there.

Again, I thank Mr. Barmak, Mr. Sangari, Mr. Baig, Mr. Stanekzai, and other colleagues present, as well as our international partners who have strengthened you, from the bottom of my heart.