Afghan Prosecutors Still Live in Fear in Pakistan.
Several prosecutors from the previous republican regime, now exiled in Pakistan, say their lives remain uncertain and fearful. They say that their lives were threatened in Afghanistan, which led them to seek refuge in Pakistan. However, they do not feel safe here either and continue to live in fear.
Some Afghan prosecutors, who fled to third countries to escape the Taliban after the fall of the republic, are now seeking asylum in safe countries that supported the Afghan republic.
A number of these prosecutors, who came to Pakistan to seek asylum , remain in limbo with no clear path forward. With little to no support from political representatives and relevant organizations, they continue to face severe difficulties and challenges
Amina Sarwari is one such prosecutor currently residing in Islamabad, the capital of Pakistan. She has been living there for about two years and three months. Ms. Sarwari served as a prosecutor in the International Crimes Division of the Attorney General’s Office. She states that she was involved in significant cases related to the Taliban, kidnappers, traffickers, and other major crimes. This exposed her to significant risk after the fall of the republican regime, forcing her to flee to Pakistan. However, she says she does not feel safe there either.
She explains: “I came to Pakistan hoping to find a way to a safer country. However, my asylum case and paperwork have made no progress. I live in constant fear, as the Taliban’s presence and influence are evident here. I cannot go outside due to fear, and I have even cut off contact with my relatives to prevent any information about me from leaking out.”
Ms. Sarwari adds that her husband went missing after the fall of the republican regime in Afghanistan, and she has no information about him. She says: “I fled to Pakistan on June 9, 2021, with my three sons. Here, beyond the constant fear, I face numerous other challenges. Sometimes they ask why I don’t send them to school, but how can I? Private schools demand fees I cannot afford, and government schools do not accept them. I struggle with severe economic hardship, have no income, and no guardian. I am simply relying on God’s help. Everything I once had is now gone.”
In addition to Ms. Amina Sarwari, several other prosecutors in Pakistan face similar issues. Farishta Razban, who was a defense lawyer and prosecutor in the Attorney General’s Office, hails from Kandahar but was displaced to Kabul during the republican regime. She has a Master’s degree in criminology and criminal law. During the republican government, she handled 1,500 criminal cases, mainly involving violence against women. Due to her involvement in these cases, she considers her life at risk under the Taliban’s rule and currently resides in Islamabad, Pakistan.
Ms. Razban says: “After the fall of the republic, it became very difficult for me to live in Afghanistan. I lived in fear and faced threats because the prisoners I prosecuted, who were Taliban members and criminals, were released and sought to find and kill me.”
She adds that before fleeing to Pakistan, she could not stay in one place in Afghanistan and had to change her residence several times due to fear. However, she still does not feel safe in Pakistan. “I do not feel secure here in Pakistan. I fear the Taliban, who have influence here as well, might follow me,” she says.
Ms. Razban arrived in Pakistan on July 6, 2023, with her husband and two small children. She says she has developed a psychological illness and has not yet returned to her normal state. “Here, too, I face many problems. I have not found a way to another safe country. There are no job opportunities, and our economic situation is deteriorating daily. I feel that my health is getting worse instead of better due to constant worries,” she says.
On the other hand, another prosecutor, Shagufa Kakar, who has been living in Pakistan for over a year with her husband and two children, expressed concern about her children’s future. Despite continuous efforts, she has not been able to enroll her child in school. “My son has been deprived of education, and the Pakistani government does not allow us to enroll him in public schools. This is a great injustice to us Afghans. We live in uncertainty, and the international community pays no attention to us. I do not know what the future holds for my children,” says Ms. Kakar.
She also has a sick daughter who suffers from mental illness and cannot afford her treatment. “My daughter’s treatment is very expensive. She needs regular visits to the doctor. When we were in Kabul, I had a job, and I could take her to the doctor regularly. Sometimes she has seizures like epilepsy. It was not as difficult there, but now we cannot take her to the hospital because we cannot afford the costs. Seeing my daughter in this condition causes me great distress,” she says.
Another prosecutor, Khalil Salarzai, who is deeply saddened by having to leave his country, says: “Currently, there is no system or law in Afghanistan. Unqualified individuals are appointed to positions. Afghanistan has educated and skilled people, many of whom have had to leave the country. There is neither Sharia law nor constitutional law being implemented in Afghanistan. I wish the situation had not reached this point where I had to become a refugee. I still do not want to leave my country, but the threats are so serious that they even endanger my family.”
Shagufa Kakar has a sick daughter who suffers from mental disability and says that she cannot afford the cost of her daughter’s treatment. “My daughter’s treatment is very expensive. She needs regular visits to the doctor. When we were in Kabul and I had a job, I could take her to the doctor regularly. Sometimes she has seizures like epilepsy. It was not as difficult there, but now we cannot take her to the hospital because we cannot afford the costs. Seeing my daughter in this condition causes me great distress.”
Another prosecutor, Khalil Salarzai, who is deeply saddened by having to leave his country, says: “Currently, there is no system or law in Afghanistan. Unqualified individuals are appointed to positions. Afghanistan has educated and skilled people, many of whom have had to leave the country. There is neither Sharia law nor constitutional law being implemented in Afghanistan. I wish the situation had not reached this point where I had to become a refugee. I still do not want to leave my country, but the threats are so serious that they even endanger my family.”
Salarzai adds that he has been facing threats since the time of the republic; when he handled cases, mafia groups, murderers, drug traffickers, and kidnappers would threaten to kill him. He says that now those individuals have been released from prison and have made his and his family’s lives miserable.
The concerns of Afghan prosecutors in exile about death threats arise at a time when the International Organization for Transitional Justice and Peace, which documents and investigates the killings of prosecutors and accused individuals in the judicial system, previously expressed concerns that, with the Taliban’s return to power, 29 prosecutors have been tortured or killed without judicial proceedings. The organization has insisted that it will file a complaint with the International Criminal Court regarding the killing and torture of Afghan prosecutors after investigating these cases.
Subhan Misbah, the deputy head of the Afghanistan Lawyers Association, believes that the fall of the republic significantly harmed the legal and judicial branches. He says: “The judiciary is not independent, there is no system in place related to the Attorney General’s Office, and the executive branch has been dismantled.”
He points out that the presence of female prosecutors in the judiciary is essential, but their numbers have diminished in the current regime. He considers the concerns of Afghan prosecutors justified and says that they face very serious threats.
Nasreen Hamidi, a human rights activist and former head of the regional office of the Independent Human Rights Commission during the republic, says that the Taliban are not committed to any law and there is no separation of powers in the judiciary. According to her, “The judiciary is not impartial at present.”
Ms. Hamidi states: “Female prosecutors who worked in the special prosecutor’s office on violence against women are facing serious problems. They are even deprived of personal security. Female prosecutors who worked hard to gain education and employment have been forced to stay home by the Taliban, who do not even commit to their protection.”
Ms. Nasreen Hamidi calls on the international community to urgently transfer threatened Afghans to safe countries.
However, the spokesperson for the Taliban Supreme Court says that the current judicial and legal system is in accordance with Sharia and all the cases of accused individuals are investigated according to Sharia rulings. He adds that the acting officials of the judiciary will provide employment opportunities for women within the Islamic framework.
Additionally, the Taliban leader Hibatullah Akhundzada, in a decree on the first of the month of Rabi-ul-Awwal 1402, changed the name of the Attorney General’s Office to the “General Directorate of Supervision and Prosecution.” Currently, this department is dedicated to overseeing and prosecuting the orders of the Taliban leader within the framework of state and private institutions.
Exiled prosecutors in Pakistan also complain that the international community has not taken up their cases, leaving them to live in uncertainty in this country.
Prosecutor Mohammad Abid Nadiri, who is also a refugee in Pakistan, criticizes the international community for not supporting those at risk and for not addressing their asylum cases. He says that he came to Pakistan in November 2021 and has not received any support so far.
Mr. Nadiri, who was the head of the department of domestic and international crimes in the Attorney General’s Office, says that the United Nations High Commissioner for Refugees (UNHCR) in Pakistan is also not seriously following up on the cases of Afghans.
However, Qaiser Afridi, a spokesperson for the UNHCR in Pakistan, said that they have been working to provide a safe environment for all Afghans, including prosecutors. He added: “We are in continuous talks with all foreign countries regarding Afghan refugees whose lives are at risk, requesting them to provide asylum and safe living conditions. We are reviewing the cases of all Afghan refugees according to a procedure.”
On August 15, 2021, after the fall of the nearly 20-year-old republic and the Taliban’s entry into Kabul, many Afghans who felt their lives were at risk sought to leave the country. Some were evacuated on American and European flights from Kabul airport, while others gradually fled to neighboring countries.
According to figures released by the UNHCR, around 600,000 individuals have registered with the Pakistani government since the beginning of 2021. Of these, more than 340,000 people have sought assistance from the United Nations and other aid organizations.
Approximately seven months ago, the International Organization for Migration (IOM) reported that since 2020, around eight million Afghans have migrated to various countries. The organization stated that one million Afghans have migrated to European countries, with 85% living in neighboring countries such as Iran and Pakistan.
However, the Taliban government’s Ministry of Refugees and Repatriation rejected and disputed these claims.
