Afghanistan
Section 4. Corruption and Lack of Transparency in Government
The law under the pre-August 15 government provided criminal penalties for corruption by government officials. The pre-August 15 government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Reports indicated corruption was endemic throughout society, and flows of money from the military, international donors, and the drug trade continued to exacerbate the problem. There were numerous reports of government corruption during the year. Local businessmen complained that government contracts were routinely steered to companies that paid a bribe or had family or other connections to a contracting official.
According to prisoners and local NGOs, corruption was widespread across the justice system during the pre-August 15 government, particularly regarding the prosecution of criminal cases and in arranging release from prison. There were reports officials received unauthorized payments in exchange for reducing prison sentences, halting investigations, or dismissing charges outright.
Freedom House reported extensive corruption in the judiciary, with judges and lawyers often subject to threats and bribes from local leaders or armed groups.
During the year there were reports of “land grabbing” by both private and public actors, including the Taliban. Most commonly, businesses illegally obtained property deeds from corrupt officials and sold the deeds to unsuspecting prospective homeowners who were later prosecuted. Other reports indicated government officials confiscated land without compensation with the intent to exchange it for contracts or political favors. There were reports provincial governments illegally confiscated land without due process or compensation in order to build public facilities.
Corruption: Under the pre-August 15 government, the Anti-Corruption Justice Center (ACJC) had jurisdiction over corruption crimes allegedly committed by high-ranking government officials. Between January 2020 and February 2021, a total of 10 military officials of the rank of general were tried by the ACJC Primary Court. The ACJC Primary Court conducted trials in 95 cases involving 384 defendants. The court convicted 302 defendants, acquitted 77, and returned cases of two defendants to the prosecutor for further investigation. Since August the ACJC ceased to operate.
In January, three parliamentarians were arrested for bribery. Per parliamentary rules, the members were released from detention. They were indicted in February and convicted in a trial during which the defendants were absent but represented by counsel. The court sentenced each to 10 years’ imprisonment and a fine of three million afghanis ($40,000). The Senate wrote to the Supreme Court committing not to arrest the defendants pending their appeal to the ACJC appellate court. The defendants neither surrendered nor were arrested.
Local news agencies reported in February that the pre-August 15 government Ministry of Interior had removed 321 personnel from their posts as a part of the ministry’s campaign against extortion on the country’s highways. Also in February the Attorney General’s Office stated three members of the Meshrano Jirga were sentenced to prison for corruption.
Violent attacks by insurgents against judges, prosecutors, and prison officials made members of the judicial sector increasingly fearful in carrying out their duties. Justice-sector professionals came under threat or attack for pursuing certain cases, particularly corruption or abuse-of-power cases against politically or economically powerful individuals.
According to various reports, many pre-August 15 government officials, including district or provincial governors, ambassadors, and deputy ministers, were suborned. Pre-August 15 government officials with reported involvement in corruption, the drug trade, or records of human rights abuses reportedly continued to receive executive appointments and served with relative impunity. There were allegations of widespread corruption and abuse of power by officers at the Ministry of Interior. Provincial police reportedly extorted civilians at checkpoints and received kickbacks from the drug trade. Police reportedly demanded bribes from civilians to gain release from prison or avoid arrest. Senior Interior Ministry officials of the pre-August 15 government also refused to sign the execution of arrest warrants.
The Taliban announced anticorruption policies following their takeover, including creating commissions in Kabul and at the provincial level to identify corrupt or criminal officials and taking a hardline stance against bribery. The Taliban launched a commission through the “Ministry of Defense” to identify members who were flouting the movement’s directives. A ministry spokesman stated that 2,840 Taliban members were dismissed on charges of corruption and drug use. Reporting from multiple local businessmen revealed that cross-border trading had become much easier under Taliban stewardship with elimination of the “gifts” usually required for Customs officials.
On December 8, Taliban officials in Herat announced that 100 Taliban security personnel were arrested and dismissed on charges of misconduct and illegal activity. They also reported a revenue of 100 million afghanis ($1.3 million) collected over three months due to reduced corruption. Local Taliban leaders in Balkh began investigations into allegations of corruption involving disability benefits, and leaders in Nangarhar established special units to prevent the illegal occupation of land and deforestation.