Justice Delayed As Taliban Build Their Legal System In Afghanistan

A small carpeted room serves as a makeshift jail for 12 “criminals” who are awaiting Taliban justice, caught in the legal system which the militants are building at the heart of their new Afghan regime.

None of the prisoners being held on the ground floor of the Taliban headquarters in Panjwai district in southern Afghanistan have yet seen the local judge, who is busy in another area.

Until he arrives, the Taliban fighters of the unit in Kandahar province represent the entirety of the justice system.

“They will keep me here until I can pay back the person I owe money to,” said Hajj Baran, a 41-year-old businessman arrested three days earlier for an outstanding debt.

“We have a good system of judgment with the Islamic law of the Taliban,” he said, as a guard watched closely.

After a nearly 20-year insurgency, the Taliban took power in Afghanistan in August by force.

But they long ago placed their version of justice at the center of their ideology, and have “made the courts a means of conquering power,” says Adam Bazco, a researcher who conducted a field investigation on the Taliban judicial system from 2010 to 2016.

From 2004 on, in areas the Taliban controlled, “people were turning to them because of growing discontent with the interference of Western groups in their land disputes and a judicial system that appeared increasingly corrupt and nepotistic,” Bazco says.

In the context of war, he explains, the severity of the Taliban punishments was welcomed by some.

They were known for their harshness — but also their impartiality, speed and predictability.

Three months after the Taliban seized power, however, they are still struggling to implement that system across the country.

At the nearby central prison in the city of Kandahar, the deputy director, Mansour Maulavi, brandishes a length of electric cable as a whip as he shows off the fetid barracks.

One wing houses 1,000 drug addicts going through forced withdrawal, he says. Now 200 “criminals” are also being held there.

“It is better for Islamic law to decide” who is a criminal, says Maulavi, who used to run the region’s clandestine Taliban prison. Under the previous ineffective and often corrupt system, “they didn’t know.”

Mohammad Naeem, sitting cross-legged in the prison yard, is among those awaiting judgment.

He was arrested two months ago while at home with his wife and a 14-year-old girl he said he wanted to marry.

“The girl agreed but the parents didn’t,” the 35-year-old says, explaining that the parents called the Taliban to complain of sexual assault.

If he is found guilty of having sexual relations outside marriage he risks being condemned to death by stoning.

“I just want to be judged according to Islamic law, because I did nothing wrong,” he says.

In some cases since the takeover, the Taliban judges — wary of losing support — have tried to avoid being too harsh.

Bazco recalls an infamous case from the Taliban’s previous regime in the 1990s in which a wall was pushed onto a man convicted of sodomy, killing him.

Now, he says, such cases “do not represent the daily life under Taliban justice.”

Instead, Afghanistan’s masters say they are seeking international respectability.