The Kabul Tribune (KT) — Afghanistan Analysts Network (AAN) has reported that defence lawyers in Afghanistan are facing severe restrictions and diminishing space to operate under the Taliban justice system, following sweeping changes introduced after August 2021.
The report says the Taliban have overhauled the judiciary by
elevating sharia as the sole legal foundation and replacing many trained judges
with religious scholars, significantly altering court procedures and reducing
the role of defence lawyers.
According to AAN, the professional body for lawyers, the
Afghanistan Independent Bar Association, was dissolved, thousands of licences
were revoked, and lawyers were required to pass new examinations focused
primarily on Islamic jurisprudence to regain permission to practice.
The report further states that female lawyers have been
largely excluded from the profession, while male lawyers face increasing
limitations in courtrooms, including restricted access to case files and
limited ability to present arguments before judges.
AAN notes that judges now hold broad discretionary powers,
and some defence lawyers have reported hostility, intimidation, and in certain
cases detention when challenging judicial decisions.
The report also highlights concerns over the absence of
codified legal protections, with courts increasingly relying on religious texts
and individual interpretation, which lawyers say has led to inconsistency in
rulings and legal uncertainty.
Female legal professionals, according to the findings, have
been among the most affected, with many barred from practising, forced into
unemployment, or compelled to find informal ways to provide legal support.
AAN concludes that the combined effect of institutional
restructuring, legal ambiguity, and restrictions on legal representation has
significantly weakened the right to defence and fair trial guarantees in
Afghanistan’s justice system.
