The Taliban’s ascension to power in Afghanistan two years ago dealt two significant blows to the nation’s legal system.

Firstly, they orchestrated a mass release of prisoners, most of whom were Taliban fighters convicted of severe crimes. This unexpected action placed court personnel who had been involved in their sentencing in immediate danger, making them potential targets for retaliation.

Secondly, the Taliban dismissed all sitting judges and prosecutors – both men and women – serving in Afghanistan’s judiciary. In their place, they installed Taliban members educated in Madrassas, Islamic schools that provide fundamental religious education, radically altering the composition and orientation of the judicial system.

In 2021, as the Taliban’s assault on women’s rights came under global scrutiny, about 250 female judges and their families were safely evacuated by the International Bar Association and International Women Judges. They found refuge in Canada, Australia, and several European countries. However, their male counterparts largely remain in Afghanistan, living under constant threat.

Earlier this month, a former judge, Mohammad Nazir Manawi, was assassinated by unidentified gunmen in Afghanistan’s central province of Ghor. Two men on a motorbike ambushed Manawi in the provincial capital, Firozkoh, as he was returning from the local mosque.

“When the Taliban seized the city, I was in court. I was able to flee and reach home safely, but many of my documents, including my identity details, remained at court, leaving them able to track me. I had hoped their announced general amnesty would protect me, but it was empty rhetoric. There are also other criminals besides the Taliban to fear. I went into hiding, but when they kidnapped my colleague’s son and demanded his release, I had to change my location and disguise myself,” said Ahmad, a former judicial member of the criminal court in Afghanistan, who wished to be identified only by his first name.

The International Bar Association estimates that around 2,000 male Afghan judges are now jobless.

“The international legal organizations, bar associations, and judicial communities remain inactive concerning the fate of the judges left in Afghanistan. There’s no longer any support or educational programs for these judges who devoted the last 20 years to upholding justice, human rights, and women’s rights. Heartbreakingly, we are now confined to our homes, living in insecurity without any support or job to feed our families,” lamented Ahmad.

Speaking under condition of anonymity, a female Afghan judge who fled to Canada in 2021 confessed her deep-seated fear for her life and those of her colleagues following the release of Taliban prisoners they had sentenced.

“A month before the Taliban took over my city, a voice memo was being shared on social media. It contained a promise from the Taliban to release all convicted criminals once they gained control. The prospect terrified us all. As a member of the public security court, dealing directly with Taliban fighters, I was in grave danger. Leaving my beloved country was a hard decision, but I believe it was the best one for my family. I am aware that many of my female colleagues also left the country, but I have no information about my male colleagues. I hope they are safe,” she said.

*The author is a legal scholar and activist in Afghanistan. For their safety and security, and in agreement with the author, we will not publicly identify them at this time. 

Suggested citation: Anonymous, Afghan Judges Live in Fear as Taliban Reshapes Judiciary, JURIST – Academic Commentary, April 21, 2023, https://www.jurist.org/commentary/2023/05/taliban-reshapes-judiciary.

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