Taliban Courts Filling Justice Vacuum In Afghanistan Taliban judges are playing a larger role in Afghanistan, as the Western-structured legal system struggles to gain footing and authority. The Western-influenced system, just seven years old, is fraught with corruption and complexity, and lacks a strong judicial infrastructure.
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Taliban Courts Filling Justice Vacuum In Afghanistan

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Taliban Courts Filling Justice Vacuum In Afghanistan

Taliban Courts Filling Justice Vacuum In Afghanistan

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The Taliban have killed and wounded thousands of innocent people across Afghanistan. Yet many Afghans, especially in rural areas, turn to Taliban judges to settle grievances. They say the militants, unlike the country's official court system, get things done quickly and without asking for bribes. This week NPR correspondent Soraya Sarhaddi Nelson is reporting on Afghanistan's troubled justice system. Today she looks at the Taliban's brand of frontier justice.

SORAYA SARHADDI NELSON: The judge waits in an abandoned schoolhouse overlooking the Pech River here in eastern Afghanistan. His name is Mullah Nasrat Ramani. He's 35. With a trim black beard, a wool cap on his head, and windbreaker over his tunic and baggy pants, he looks like most Pashtuns living here.

MULLAH NASRAT RAMANI: (Foreign language spoken)

SARHADDI NELSON: But the Taliban chant on his cell phone reveals Ramani's true identity. He belongs to the Salafi, a militant group in the Korengal Valley that is closely allied with the Taliban. Ramani says he's an Islamic law graduate from Kabul University and that for the past three years or so, he's served as a Taliban judge in these parts. He says he frequently goes to Korengal residents' homes to hold court sessions, that is when he's not fighting American soldiers here.

NASRAT RAMANI: (Through Translator) We are mobile judges. Sometimes we go to the people, and sometimes they come to us. We don't have a courtroom, and we are not official, but we are sanctioned by the Taliban leadership to carry out justice using Islamic law.

SARHADDI NELSON: Ramani says most of his recent cases were civil disputes. He heard one murder case a couple months back that ended in acquittal. A half-hour's drive away in the city of Asadabad, taxi driver Habib Noor says he's grateful for judges like Ramani. He claims many people in Kunar province go to the militants to get their grievances heard, even in dangerous areas like the Korengal, where U.S. forces clash with militants almost daily.

HABIB NOOR: (Foreign language spoken)

SARHADDI NELSON: Noor says the problem with government courts is that they are too slow and corrupt. Whoever pays the biggest bribe wins the case, he says. Such attitudes about the Afghan justice system are common. Experts say, in the seven years since the West has tried to rebuild the court system, it has developed into a complicated maze fraught with corruption. Western and Afghan officials say that's partly because there's been too little time to build enough courthouses and create a new pool of legal professionals.

Decades of war basically destroyed the judicial infrastructure in Afghanistan and killed or drove out most of the country's legal minds. But critics of the system, like lawmaker Daud Sultanzai, say such excuses are wearing thin with the Afghan people.

DAUD SULTANZAI: Most of the problems that we have in this country, and this - chief among them is this one, they all are here because of bad governance, because of no governance, because of lack of rule of law.

SARHADDI NELSON: Sultanzai represents a volatile province south of Kabul. He says the justice system's weaknesses have played right into the hands of the Taliban. He explains that the militants quickly learned that the best way to gain popular support is to provide what the government can't. So the Taliban assigned its own governors and judges to bring rule of law to people living in provinces where it has a strong presence, mostly in the south, east, and west.

SULTANZAI: Not that they are just, but what they do is they just - they use this as a tool. They are very smart in choosing what tools they should use that society is looking for.

SARHADDI NELSON: Reached by cell phone, Taliban spokesman Zabiullah Mujahid says it was at the people's request that the courts were created. He says the main goal was to solve land disputes created by long periods of war and foreign occupation. Mujahid says the judges render verdicts based solely on Islamic law. He says all are religious madrassa or university graduates.

Neither he nor other Taliban officials interviewed know how many militant courts there are in Afghanistan. But they say in provinces where the Taliban is active, every district has one. Afghan TV reporter Nawab Momand says there's a darker side to the emerging Taliban justice system that the group's leadership doesn't talk about.

NAWAB MOMAND: (Foreign language spoken)

SARHADDI NELSON: Momand, who specializes in coverage of the Taliban, says the trials people don't hear about are the ones for Afghans that militants kidnap and usually kill. There's a standing order from the top Taliban leadership to nab anyone they suspect of working with U.S. or NATO forces, the Afghan government, or foreign contractors. Once captured, the prisoners are taken before a Taliban court for a quick trial. There are only two outcomes, Momand says, acquittal or death. He claims that the judges are often told what verdict to issue beforehand.

MOMAND: (Through Translator) I can't say their rulings are fair. There isn't much of a legal procedure, just a quick conference between the judges over the testimony.

SARHADDI NELSON: Momand knows because he experienced it. He and three friends were kidnapped in late September.

MOMAND: (Foreign language spoken)

SARHADDI NELSON: He says gunmen ambushed his car in Logar province, about an hour's drive south of Kabul. They blindfolded and bound the occupants, then threw them back into the car. They accused Momand of working for an Indian construction company. The gunmen drove the prisoners to a demolished house somewhere in the desert. Inside the ruins, they faced a Taliban court.

Momand says the judges wore prayer caps and carried guns. He says they asked many questions, but they didn't appear to have the authority to decide their fate. The kidnappers packed the prisoners back into the car and drove them to a neighboring province. There, the prisoners were taken before another panel of Taliban judges sitting in a garden.

Momand says he and the chief judge recognized each other. The judge worked for the government when the Taliban ruled here. Momand and his friends were quickly released with an admonition that he provide more favorable coverage. Reached by cell phone, the Taliban judge who freed Momand says his seizure was an honest mistake based on faulty information. And we let him go unharmed, he points out. But Momand is not as forgiving. He believes nobody really chooses to go to a Taliban judge. He says people are just too scared to do otherwise. Soraya Sarhaddi Nelson, NPR News, the Pech Valley in eastern Afghanistan.

MONTAGNE: Both local and international aid organizations are struggling to fix the Afghan justice system. One player in this effort is William Gilligan of the U.S. Treasury. His job is to teach judges how to spot corruption.

WILLIAM GILLIGAN: Well, I think the challenges are like any country that has new laws, is getting the comfort level and skill level that they can apply these laws, because, you know, what's worse? Having no law, or law that's not enforced?

MONTAGNE: Tomorrow we'll find out just how difficult these challenges can be.

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