HRW: Trial of Former Afghan Intelligence Chief Flawed

[Charlie Brown]

http://www.alertnet.org/thenews/newsdesk/HRW/eae779f103c393de92335fc6d06be600.htm

New York, March 2, 2006) – The trial of Assadullah Sarwari, who was sentenced to death on Sunday for his role in heading Afghanistan's brutal intelligence agency during the Communist government of the late 1970s, violated basic fair trial and due process standards, Human Rights Watch said today. Sarwari was convicted by a special National Security tribunal and has the right to appeal his sentence within 20 days. Human Rights Watch said that the case highlights the need for urgent judicial reform in Afghanistan and the establishment of a proper system of accountability for all those who committed human rights abuses over the past 25 years.

"A notorious human rights abuser has been convicted but his trial was so flawed that it actually represents a setback for the cause of justice in Afghanistan," said Sam Zarifi, research director of Human Rights Watch's Asia division. "The court of appeals should throw out this conviction and show that in today's Afghanistan, the rule of law applies, even to the most notorious former leaders."

Sarwari did not have legal counsel at his trial because he could not afford a lawyer and the court could not find any lawyers willing to represent him. The trial was summary in nature, taking only one day for the prosecution and defense to present their cases. Because the proceedings were conducted so quickly, Sarwari did not have adequate time to question witnesses or challenge the evidence against him. While Sarwari challenged the authenticity of a document he allegedly signed ordering illegal executions, no evidence was offered to show it was authentic and the court turned down his request for a forensic test. The National Security Court that conducted the trial is a special branch established by the Supreme Court, but its exact mandate and procedures are unclear.