Concerns about the Trial of Afghanistan’s Former Spy Chief

On February 26th, Afghanistan’s National Security Court sentenced Assadulah Sarwari, the former head of the Afghani secret police, to death for ordering the execution of hundreds of anti-communist prisoners during the 1970s. Sarwari is the first senior official to be held accountable for the communist regime’s systematic human-rights abuses.

Although many Afghanis were understandably overjoyed by Sarwari’s conviction and sentence, his trial lacked even the most basic due-process guarantees. As noted by Human Rights Watch:

Sarwari has been detained since 1992, when he was taken by the Afghan Northern Alliance forces who won control of Kabul after the fall of the Communist government. He was held without trial or even clear charges until December 26, when he was put on trial accused of responsibility for the killing of hundreds of Afghans.

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.

The problems with Sarwari’s trial do not bode well for the Afghan government’s multi-year plan, unveiled in late 2005, for establishing a system of transitional justice and accountability in the country. The plan includes establishing oversight panels to prevent human-rights abusers from holding senior positions in the government — a problem that continues to plague the government — as well as creating documentation centers and museums to chronicle the human-rights violations committed during the past three decades.